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PostPosted: Mon Jan 20, 2020 3:48 pm 
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Sussex wrote:
Quote:
How can he say that the driver "had brought the case upon himself" if in fact there was no prosecution evidence to support the case in the first place :roll:

I think removing the barriers is the key to that view. If he wasn't going to cross the bridge why remove the barrier?

If you ask the fella on the Clapham Omnibus what happened I'm pretty sure he would say the driver crossed the bridge.

I'm also pretty sure most of those in the court would agree with the fella from Clapham. However the lack of evidence that the driver did cross that bridge is why his appeal was allowed.


Oh, I get it now - the costs issue depends on a different standard of proof to the question of criminality :lol: :roll:

By the way, on the spelling pedantry, someone missed a trick yesterday when I spelt 'shovel' as 'shuffle' 8)

Don't know what happened there, but it's been corrected now =D> :oops:

Think it's maybe that as a Scot in particular I've always pronounced shovel as shuffle, sort of thing :-s


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PostPosted: Mon Jan 20, 2020 7:52 pm 
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Joined: Sat Apr 01, 2006 11:47 pm
Posts: 20847
Location: Stamford Britains prettiest town till SKDC ruined it
StuartW wrote:
Judge Huw Rees wrote:
"You may well have been egged on by your passengers. We have looked at your actions and they were fast, borne out of frustration and with enthusiasm.

Was he expected to lean on a shovel for a while? :roll:

Frustration?

So it's 2am, he's got some drunks in the car, who could well have told him the bridge was OK, they might have agreed a fare, blah, blah. But at least the judge acknowledged that the passengers may have egged him on.

Reminds me of one I had at about that time, a run of about ten miles. I agreed the fare, but when we almost got to the destination we came to a ROAD CLOSED sign. The passenger hadn't told me, but said it was OK to go through. In fact it was just a bit of resurfacing work, so there was no problem, at least that I could see. I've no issue with road being closed while the men are working on it, or whatever, but in the early hours??

So it all worked out OK, but what if I'd had to take a detour of several miles, or whatever. Who pays the fare - do I just have to take it on the chin, or risk a big kick off with some drunks? Like the headcase in the Stoke video?

And even though it turned out OK, you then worry that someone may report you (as per this case) and either police and/or councillors will throw the book at you.

And in fact we don't know if licensing is taking any action as regards the driver here.

By the way, I think it's "born out of frustration", not "borne" :-o


And if you had damaged your car would you have sued the people carrying out the roadworks or visa versa might you have been sued

It can be frustrating we had the main road through town closed off a few years ago they finished the job tarmacked it and then left the road closed for another 7 days turning up on the monday of the following week to remove the barricades because they had been too busy to pop back and do it after allowing the tarmac to harden :roll:

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PostPosted: Mon Jan 20, 2020 8:06 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Oh, I get it now - the costs issue depends on a different standard of proof to the question of criminality

No, his actions in removing those barriers led to the prosecution.

Costs are down to the court at the time, they decided he shouldn't get them.

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