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PostPosted: Fri Aug 19, 2011 12:16 pm 
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ALI T wrote:
any way its all by the by as far as the application goes :wink:

there was demand when applied,and as their was only one live application then im afraid that is all she wrote as far as a courts concerned.

if the 17 previously refused apps that are on appeal and being heard today are granted today (which very looks likely).

then i predict that when my wifes application goes up for consideration that they will claim that no plates are available as the one that was available was issued to the 17 that they release today.
refused no unmet demand.

can anyone work out why that wont work ???


The decision must be made on demand information available at time of application.

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PostPosted: Fri Aug 19, 2011 1:13 pm 
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gusmac wrote:
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this guy has exercised his right to object,the objection has no facts attached to it,just hearsay.
its malicious pure and simple.
you cant apportion blame by association can you Laughing


Everyone has the right to object to a licence.
It's for the committee to decide whether the objection is competent.
Having read it, IMO it is not competent and they should just throw it out.
If they don't, take it to the sheriff. I'm pretty sure the courts will.
The objector should have saved himself the trouble and the cost of a stamp.

As for defamatory, I see very little that is actionable in it.
Was this objection in the public domain before you posted it on here?
If it wasn't, you may have done more harm to your or you spouse's reputation by publishing it.
Any action which is defended could end up costing you big time in legal costs. Remember Skull & Jasbar V Coolky and co?
I'd just let it go, it's not worth it.

remember that skull and jasbar represented themselves and it was because of this detachment from the system that allowed then to price central out of the cause.
and thats what i intend to do

but your right it is incompetent, but then so is the council which if you go by past performance then it will be allowed.

i have no doubt that it will have no effect on the decision by the rc.
i objected last time round to city/centrals lawers trying to pass of sud information as there own quoting that in thier opinion there was no unmet demand.

i pointed out that they were not qualified to arrive at that opinion and that the way the material was presented was to give the impresion that they were.
it was still allowed :roll:

but i still got the plates


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PostPosted: Fri Aug 19, 2011 1:20 pm 
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gusmac wrote:
ALI T wrote:
any way its all by the by as far as the application goes :wink:

there was demand when applied,and as their was only one live application then im afraid that is all she wrote as far as a courts concerned.

if the 17 previously refused apps that are on appeal and being heard today are granted today (which very looks likely).

then i predict that when my wifes application goes up for consideration that they will claim that no plates are available as the one that was available was issued to the 17 that they release today.
refused no unmet demand.

can anyone work out why that wont work ???


The decision must be made on demand information available at time of application.
yes but they are probably going to claim what i quoted. ie plates gone

the thing is those applications where not live they were in fact refused if the council choose not to appeal then that is their perogative.

what they would in effect be doing is putting refused applicants ahead of a live applicant.see interested parties list.
the refused applicants who had just won on appeal for the self same reasons i:e putting refused applicants ahead of live applicants

its a fecking hilarious scenario i know, but i think thats where its heading.

should be fun :lol: :lol:


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PostPosted: Fri Aug 19, 2011 1:35 pm 
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ALI T wrote:
remember that skull and jasbar represented themselves and it was because of this detachment from the system that allowed then to price central out of the cause.
and thats what i intend to do



In that case, Skull & Jasbar were defending the case.
Do you think it will work with the boot on the other foot?

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PostPosted: Fri Aug 19, 2011 1:44 pm 
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gusmac wrote:
ALI T wrote:
remember that skull and jasbar represented themselves and it was because of this detachment from the system that allowed then to price central out of the cause.
and thats what i intend to do



In that case, Skull & Jasbar were defending the case.
Do you think it will work with the boot on the other foot?

costs peanuts to raise an action
im not after a win :wink:
just the inconvenience both time and monetary on behalf of the defendant is sufficient justification for me.

my claim may be incompetent so was his objection

he has the right to object and i have the right to raise an action.

clearly the 2 are incompetent but that never stopped him and it want stop me :lol:


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PostPosted: Fri Aug 19, 2011 2:03 pm 
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I look forward to it with interest :lol:

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PostPosted: Fri Aug 19, 2011 6:20 pm 
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ALI T wrote:
Boring wrote:
All sounds like the usual jocularity on here, but if you were seriously considering raising proceedings, one or two things you may wish to consider:

1 - You would have no title to sue, as any comments made were not in relation to you, but rather your wife.

yes but my wife does,not hard to work out is it


I do wonder whether your wife is even aware of this subject. Could you perhaps be litigating in another's name? Could this thread be evidence of that? (Note, these are rhetorical questions)
.

2 - A letter of objection would almost certainly achieve qualified privilege and so malice would require to be established, by the pursuer.

true and as the objection contains no facts pertaining to the applicant then it can only be malice towards the applicants spouse


Perhaps the point being made was not emphasised sufficiently. The pursuer (i.e. your wife) would require to establish the malicious intention of the defender to injure her reputation or character (point of pedantry: the party against whom civil proceedings are raised in Scotland is the defender; the defendant is a common law jurisdiction term, such as in E&W). The letter appears to me to be nothing more than a plea to the Council to prevent a perceived attempt at carbetbagging. Whether that is factually right or wrong (on which I express no opinion), there is nothing obvious in the character of malice in the terms used or meaning of the letter.


3 - The messages which you have posted on here could perhaps be used to show that your wife was abusing the court process by raising proceedings for the purposes solely of putting a defender to expense. Such could attract an award of expenses on an agent/client basis, which would mean you pay all the monies paid by the defender to his legal team.

those comments were made be me, not my wife.

this very process is used daily by large companies and government bodies to stop any litigation before it gets to court they simply make it to expensive to pursue it
are you deliberately missing the point,i have no assets, i am prepared to raise action as a party litigant,so no solicitors to pay,the defendant would have to at the very least seek legal advice prob in the region of £500 and if i lost which is a distinct possibility then he would be out of pocket £500.
and although he may be awarded expenses it doesnt mean he would get them does it :wink:


Many people misunderstand the system of expenses in litigation in Scotland. I note your answer discusses the action in the first person, presumably a mistake as it could only be raised at your wife's instance?

Not sure the defender would require to seek legal advice, as all he needs to do is read this thread to see your wife's case is unlikely to get past the first hurdle. Even if he did, the point about agent/client (as opposed to party/party) expenses, is that the person so awarded can recover all their costs from the other side, including the £500.

If your wife has any assets, these would be at risk.



4 - Calling someone a retard could qualify as a defamatory statement if it caused damage to their reputation, or was malicious.

really!! then he could always sue me

I suspect like most of society, he is more concerned with struggling through difficult times. In any event, I am sure your comments are simply written without any real intent to injure.

5 - Defamation in Scotland does indeed cover the written and spoken word (Libel/Slander in E&W and other common law jurisdictions)

6 - Struggling to find any injurious imputation on character or reputation in the letter complained of. If, as is suggested, there have been previous instances of plates being acquired purely for profit and there can be shown to be a connection between you and your wife in relation to the application, which in my view would be possible given the inference to be drawn from the comments on this website and even this thread, then it appears to me that the information is based on fact.

have you heard from the applicant on here,so wheres the facts

No idea what you are intending with this. Are you asking me/posing two questions here? If so, what relation do they have to the previous paragraph?

There is simply no defamatory material here, so maybe best not to waste your own and the court's time with this.

maybe thats not the purpose of raising any future action in this case
this guy has exercised his right to object,the objection has no facts attached to it,just hearsay.
its malicious pure and simple.
you cant apportion blame by association can you :lol:



Yes, I suspect from what you have posted simply in this thread, it would be accepted that your wife is acting as your proxy in the application and, indeed, in any litigation. Strangely enough, the law in this country has developed rules to deal with situations where one person litigates in name for the interests of another. Like its use by the manufactured pop band Hearsay, the use of the term "pure and simple" in this context perhaps has greater significance in the subconscious self-referential sense?


NB. The Committee may consider an objection even when late, if it resolves to do so.


perhaps you should read my posts more carefully

They are perhaps less deeply meaningful or cryptic than your comment would suggest. I would, however, counsel you to consider what you write before pressing send. Your posts are somewhat contradictory and mistakes are certainly not absent.

i hold myself to account for what i do should i expect any less from anyone else
an eye for an eye as they say

Again, I thought it was your wife who was seeking to hold someone to account? You speak here in the first person. All very confusing for the reader I am afraid.



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PostPosted: Fri Aug 19, 2011 6:30 pm 
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she doesn't have assets either
so its all go :lol: :lol:

btw boring it'll not be the first time you've got it wrong will it :lol:

you dont work for the cooncil do you :wink:


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PostPosted: Fri Aug 19, 2011 7:01 pm 
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of course if i win he wont be fit and proper will he :wink:


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PostPosted: Fri Aug 19, 2011 8:12 pm 
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ALI T wrote:
she doesn't have assets either
so its all go :lol: :lol:

btw boring it'll not be the first time you've got it wrong will it :lol:

you dont work for the cooncil do you :wink:



There is definitely a joke in there, but I will resist.


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PostPosted: Fri Aug 19, 2011 11:05 pm 
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Ali's just sabre-rattling.

It would never go to court because he'd be the one who'd come out of it worst.

Personally I'd love to see it in court. One massive can of worms would be opened up :D


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PostPosted: Sat Aug 20, 2011 6:29 am 
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Dusty Bin wrote:
Ali's just sabre-rattling.

It would never go to court because he'd be the one who'd come out of it worst.

Personally I'd love to see it in court. One massive can of worms would be opened up :D

how so :?:


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PostPosted: Sat Aug 20, 2011 10:09 pm 
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ALI T wrote:
Dusty Bin wrote:
Ali's just sabre-rattling.

It would never go to court because he'd be the one who'd come out of it worst.

Personally I'd love to see it in court. One massive can of worms would be opened up :D

how so :?:


Well according to Skull and Jasbar there are several, er, shortcomings evident as regards Edinburgh's restricted numbers policy, and given the nature of the alleged defamation the whole thing would need to be examined in the course of any litigation.

Which from the point of view of the policy it would be a good thing if it was all examined in open court, in my opinion at least :D

However, I'm certainly no expert on Edinuburgh, but I'm sure that if you ask Skull and Jasbar nicely then the would give you chapter and verse about the various issues that would necessarily be examined in the course of any defamation suit.

You'd be doing the derestriction cause a great service if you pursued your defamation allegation, Ali, so irrespective of the merits of that per se, from the wider perspective I say bring it on \:D/

Problem is it'll never happen, although I'd be quite happy to eat my words if it did :D


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PostPosted: Sun Aug 21, 2011 7:29 am 
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i think your overestimating our judicial system and the strengh of any defamation case.
but if im wrong then it would certainly add weight to the dereg campaign. :wink:

funny id never thought of it like that :oops:
although you still haven't explained how you think i would come off worse :?:

thanks for the tips dusty much appreciated :wink:


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PostPosted: Sun Aug 21, 2011 8:52 am 
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ALI T wrote:
although you still haven't explained how you think i would come off worse :?:


Yes, you're right. That would be the council :lol:


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