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    • Not at all.  The onus is on them to ensure that their invoice respects the provisions of Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability.  Which it can't as the area is covered by bye-laws. Spot on. Irrelevant as to whether you entered into a contract with VCS to pay them £100 if you didn't obey what was written on their silly signs. Who cares?  What about their ridiculous generic Particulars of Claim where they deliberately mix up driver and keeper. And where do they mention this?  You haven't shown us anything. Of course you have to prepare a Witness Statement and you'd better get on with it. This is the problem here - you've disappeared for months & months, haven't kept us updated and presumably haven't read other VCS threads.  That needs to change - now. Otherwise you will lose - simple as that. For a start - please upload the court order which fixes the hearing date plus plus where "VCS mentioned my initial defence was generic and clearly copied from the internet".  We're not mind readers.
    • New bank notes featuring King Charles III will enter circulation for the first time today - here are the codes of the very first printed.View the full article
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    • Hi,  It has been a long time but I have had confirmation claim will proceed to hearing in roughly 1 months time.  I was wondering if anyone could advise on defence please.  A few questions I have are: 1) I didn't notify VCS that I was not the driver of the vehicle and the judge may look negatively on this point.  I did not receive any direction in correspondence from VCS  that I should inform them if I was not the driver and that was going to be the foundation for may argument on this point. 2) The vehicle is stopped at a zebra crossing.  Based on the images from VCS for around 10 seconds.  At that time there is someone standing near the zebra crossing and someone else enters my vehicle.  I was going to raise the point that stopping at a zebra crossing when someone is standing near it is to be expected.  I was also going to ask the question how you can have a no stopping zone when there are zebra crossings where the driver is required to stop. 3) The no stopping zone is clearly signposted, however, no drop off or pickup is not clearly signposted with one small sign at the zebra crossing, parallel to the road and on the passengers side.  I was going to challenge that no-drop off or pickup is clearly signposted.  4) VCS mentioned my initial defence was generic and clearly copied from the internet.  It covered 1) Claimant not being in a position to state if the Defendant was the driver at the time.  2) No evidence that claimant's contract with landowner supersedes byelaws & signage isn't legally binding contract. 3) No contractual costs and interest cannot be accrued on speculative charge. I am interested to know if anyone has had success or been unsuccessful with this 'generic' defence. 5) If I should submit an updated defence to the court based on questions 1, 2 & 3.  Or if it is better to only raise these points in court? Thanks.  Any guidance would be appreciated  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Criminal Sentencing


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its been in the news recently. and a recent ECHR court case.

what are your views re sentencing? is the current sentencing regime strong enough? or are we soft on sentencing?

should 'life' mean rest of life in prison? ie an eye for an eye? or is it ok for a crim to be out on licence in say around 10yrs after killing someone?

should the 'life' tariff be abolished for something like 100+ years subject to review?

given the apparent frequent repeat serious offenders, should crims be offered rehabilitation, and given 'hope'? or should a sentence, as used to be, be a strong deterrent? can it be combined?

etc. thoughts, post up

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It should be a case by case review.

If someone kills strangers for the sake of it, they should be never let out.

Too many cases of early release or community service for serious crimes in my opinion.

To avoid this, they should built more prisons because clearly prisoners are let out early to solve overcrowding.

It's very difficult to be jailed in the first place nowadays.

There's simply not enough space.

Getting arrested is also very difficult due to lack of officers and cells alike.

Welcome to Britain!

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You have to first ask, what are you trying to achieve, or indeed want to achieve with your justice system? rehabilitation? punishment? revenge?

 

 

Personally, I believe our current system is not fit.

 

 

Firstly, only those with money get a decent defence.

 

 

Secondly, no attempt seems to be made to get to the root cause of the offence. A large percentage of people in prison suffer with mental health problems, and frankly, rather than prison need individual tailored community support and treatment, or inpatient mental health treatment or a combination of both. A large proportion or offenders are in prison due to drug offences or offences related to drug use (for instance burglary in order to fund drug habit), is prison really the right place for these people?

 

 

Thirdly and more controversially, some offences are due in part to either genetic conditions (psychopathy, sociopathy), or environmental triggers - for instance childhood abuse - the abused can sometimes in certain circumstances become an abuser, perpetuating the crimes committed against them.

 

 

What is the right balance between understanding the root causes of offending, treatment, rehabilitation, and protecting the public?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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thats one thing i mean, can the right balance be achieved? seems atm the balance is in favour of the crim?

as king says, policy reasons (costs etc) seem to have too much to do with sentencing. the guidelines of which are set by Parliament!

as you suggest, a drug user is likely to reoffend unless their drug addiction can be controlled.

recall a fairly recent case in news where a driving texter went off road and crushed to death an elderly woman against a wall. she got around 2 yrs sentence! prob was out in around 18 mths. i know its not 'murder', but s/b akin to manslaughter (with the same sentence range) imo rather than just 'causing death by careless/reckless driving', or whatever it was, which has limited sentence. if the senetence was higher it might have more of a deterrent effect?

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  • 3 weeks later...

at least one of the Rigby murderers was given a whole life sentence, the other at least 45 yrs. no doubt there will be an (human rights) appeal though!

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  • 1 month later...

I am a "hang em high" person. Some people can never be reintegrated in society after major crimes.

 

There should be a statute for all Judges to be able to put on the black cap in truly appalling crimes.

To keep the softies happy the Black cap should automatically be reduced to life imprisonment instead of the death sentence....LIFE meaning for LIFE.

if not then they should get Life +50 years as they do in the USA.

 

Too often the victim is paying for the crime and the perpetrator is out to do it again.

What about the (human rights) of an often innocent victim.

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There is no doubt in the future everyone will be chipped, crime will be negligible, even financial crime will be negligible as all financial transactions will be carried out through the chip. Any one that commits any type of crime will be excluded from society, they will be sent to a very inhospitable place. In some ways we will be returning to our past.

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Lets do what america does. Lock everyone up, throw away the key, then when questioned, go 'oops' and make up some random excuse. I mean have you seen their 3 strikes rule? I understand it's premise, but it is seriously messed up.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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There is no doubt in the future everyone will be chipped, crime will be negligible, even financial crime will be negligible as all financial transactions will be carried out through the chip. Any one that commits any type of crime will be excluded from society, they will be sent to a very inhospitable place. In some ways we will be returning to our past.

 

"Emile Durkheim's Society of Saints", where even the most minor of transgressions in the future, like flicking a fag onto the pavement, would be the equivalent of a murder by today's standards if crime is reduced to almost zero.

 

Interesting concept.

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By then people will be able to get their nicotine addiction in more sophisticated ways.

 

"Emile Durkheim's Society of Saints", where even the most minor of transgressions in the future, like flicking a fag onto the pavement, would be the equivalent of a murder by today's standards if crime is reduced to almost zero.

 

Interesting concept.

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