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PostPosted: Sat Jul 20, 2013 3:30 pm 
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grandad wrote:
I would bet good money on our council having lost the minutes in the fire 5 years ago. :mrgreen:




If they have, they're screwed. :lol:

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PostPosted: Sat Jul 20, 2013 10:03 pm 
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grandad wrote:
wannabeeahack wrote:
grandad wrote:
I would bet good money on our council having lost the minutes in the fire 5 years ago. :mrgreen:



i thought they all used online storage for reports?

They lost all the data that was used to calculate our license fees in the fire.


what, their servers were IN the offices?

I doubt that very much

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PostPosted: Sat Jul 20, 2013 10:34 pm 
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if locals are best placed then im a Dutchman

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PostPosted: Sun Jul 21, 2013 10:12 am 
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captain cab wrote:
if locals are best placed then im a Dutchman

You certainly are Captain Van Cab.

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PostPosted: Mon Jul 22, 2013 11:39 pm 
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grandad wrote:
captain cab wrote:
if locals are best placed then im a Dutchman

You certainly are Captain Van Cab.



hang on I'll get me clogs

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PostPosted: Thu Jul 25, 2013 12:01 am 
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mancityfan wrote:
Towards the end of his argument Mr Neish drew our attention to the fact that it was nowhere below proved, on behalf of the local authority, that a resolution has, in fact, been passed under s 45 of the Act, applying that Act to the district of the city of Hull. Therefore, the fact at the basis of all this law that this is a controlled district was never proved. Mr Sampson, who has dealt with this matter very fairly on behalf of the prosecutor, accepted that it was incumbent upon the local authority to prove (no doubt as a formal matter, but it was not done) that the Act had been applied to the Hull district and therefore the necessary precondition of all these offences, that Mr Wilson was acting in a controlled district, had not been made out.

I see no answer to this objection. It may be regarded as a technical, and even unattractive, point but it is properly taken. That means that there would be no point in remitting this case to the Magistrates because even if it were remitted there would be a fatal gap in the evidence that was before them on the first occasion, which could not now be filled: as I put to Mr Sampson in argument, and he properly accepted, if Mr Wilson had been represented below, and that representative had properly waited until the end of the prosecution case and then submitted there was no case to answer because of this defect in the prosecution evidence, it would have been extremely difficult for the prosecutor to argue that he should be allowed to reopen his case.

Any idea what case this refers to??


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PostPosted: Thu Jul 25, 2013 12:38 am 
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roythebus wrote:
mancityfan wrote:
Towards the end of his argument Mr Neish drew our attention to the fact that it was nowhere below proved, on behalf of the local authority, that a resolution has, in fact, been passed under s 45 of the Act, applying that Act to the district of the city of Hull. Therefore, the fact at the basis of all this law that this is a controlled district was never proved. Mr Sampson, who has dealt with this matter very fairly on behalf of the prosecutor, accepted that it was incumbent upon the local authority to prove (no doubt as a formal matter, but it was not done) that the Act had been applied to the Hull district and therefore the necessary precondition of all these offences, that Mr Wilson was acting in a controlled district, had not been made out.

I see no answer to this objection. It may be regarded as a technical, and even unattractive, point but it is properly taken. That means that there would be no point in remitting this case to the Magistrates because even if it were remitted there would be a fatal gap in the evidence that was before them on the first occasion, which could not now be filled: as I put to Mr Sampson in argument, and he properly accepted, if Mr Wilson had been represented below, and that representative had properly waited until the end of the prosecution case and then submitted there was no case to answer because of this defect in the prosecution evidence, it would have been extremely difficult for the prosecutor to argue that he should be allowed to reopen his case.

Any idea what case this refers to??



Hull vs Wilson

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PostPosted: Thu Jul 25, 2013 7:47 am 
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Thank you. 8)


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PostPosted: Thu Jul 25, 2013 1:02 pm 
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WIN

of sorts...

At the magistrates court this morning there were discussions with the council's barrister pre-hearing where points were raised. We eventually went into court where it was proposed that because the council had not used "discretion" under its own rules, the case should be adjourned until the end of August to set the date for a further full hearing; the proviso is that the car be taken to the council asap for a further inspection to ascertain its condition.

If it passes that, then there is no need to continue with the action, I can carry on! the mags were rather scathing that the council's officers were not aware of "the rules", though in their defence it was pointed out that the current LO was working elsewhere at that time, and the senior environmental officer was covering the LO's job and had only ben there a few weeks. That cut no ice with the mags!

It appears the council have correctly adopted s45 of the Act, though they were struggling to prove it was forwarded to all parish and council meetings, and still have not done so!! Watch this space.


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PostPosted: Thu Jul 25, 2013 9:24 pm 
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roythebus wrote:
the mags were rather scathing that the council's officers were not aware of "the rules", though in their defence it was pointed out that the current LO was working elsewhere at that time, and the senior environmental officer was covering the LO's job and had only ben there a few weeks. That cut no ice with the mags!

Don't defend your LO or the council, they wanted to f*** you and would have done had the law been on their side.

I can guarantee you the mags would have had the right hump. People bringing cases to court have a duty to make sure everything is ready to go at 10.00am. The fact that it wasn't, is a waste of court time and expense.

They were right to be angry, and steps will be taken to ensure it doesn't happen again.

All that said well done for having the balls to front up. =D>

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PostPosted: Mon Aug 19, 2013 6:40 pm 
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A further win of sorts, the car was due for compliance today, passed with flying colours.

It was finally presented to the LO for his discretion check as per the court agreement and he agreed the car was fit for purpose, a couple of small dents in the driver's door where someone opened a door into it last week and a small dent in the boot lid. There was a full maintenance history too which maybe helped.

So, he advised by phone that he would issue the licence for a further 12 months from today, with an annual "discretion" check every year. HOWEVER, nothing in writing yet, and when I phoned the legal department the lady there was a bit put out that I said I'd ask the court for costs and the agreement in writing. I also suggested this should apply to everyone who was in a similar situation. she seemed to think that I had what I wanted and that was the end of it.

So, back to the magistrates tomorrow for clarification!


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PostPosted: Mon Aug 19, 2013 6:58 pm 
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roythebus wrote:
A further win of sorts, the car was due for compliance today, passed with flying colours.

It was finally presented to the LO for his discretion check as per the court agreement and he agreed the car was fit for purpose, a couple of small dents in the driver's door where someone opened a door into it last week and a small dent in the boot lid. There was a full maintenance history too which maybe helped.

So, he advised by phone that he would issue the licence for a further 12 months from today, with an annual "discretion" check every year. HOWEVER, nothing in writing yet, and when I phoned the legal department the lady there was a bit put out that I said I'd ask the court for costs and the agreement in writing. I also suggested this should apply to everyone who was in a similar situation. she seemed to think that I had what I wanted and that was the end of it.

So, back to the magistrates tomorrow for clarification!


What's an annual discretion check?


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PostPosted: Mon Aug 19, 2013 11:42 pm 
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It appears to be an additional visit to the LO for him to use his discretion as to whether or not to re-licence the car for a further year as it's past their arbitrary "use by" date of 7 years! Immaterial as to whether the cart passes it's bi-annual compliance...but that's the point I was trying to clarify anyway, the use of the LO's discretion which at first they point-blank refused to do.


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PostPosted: Tue Aug 20, 2013 7:50 am 
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roythebus wrote:
It was finally presented to the LO for his discretion check as per the court agreement and he agreed the car was fit for purpose, a couple of small dents in the driver's door where someone opened a door into it last week and a small dent in the boot lid. There was a full maintenance history too which maybe helped.

Be nice to see what qualifications this chap has to do such checks.

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PostPosted: Tue Aug 20, 2013 7:52 am 
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He was the licencing officer at Thanet before. Apparently you don't need qualifications to inspect the exterior and interior of the vehicle.


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