VEAS clamped my vehicle

[labman]

Re: VEAS clamped my vehicle

.......or might be....!

This could well raise the subject of recklessness.

http://legal-dictionary.thefreedicti...m/recklessness

......... in which case it was deliberate anyway, so the word reckless is superfluous and the original quotation does not actually appear in the Act...........

but I'm being pedantic! :tung::tung::tung::tung:

[bluebottle]

Re: VEAS clamped my vehicle

I'm being pedantic!

Your words, not mine!

This is an extract from CPS Legal Guidance -

Fraud by false representation (Section 2)

The defendant:

• made a false representation
• dishonestly
• knowing that the representation was or might be untrue or misleading
• with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely focused on the conduct of the defendant.

"Might be" could be argued to be the latter day definition of "reckless" as was used previously. In order to prove an act is deliberate, one has to first prove intention. Additionally, the Ghosh Test for dishonesty applies.

[labman]

Re: VEAS clamped my vehicle

Possibly one to debate elsewhere, as it's a 'picky' point of law. I would still say that if someone does something knowing it might be untrue or misleading, if they know it might be, then do, it is done deliberately.

I suspect we're both right in our own ways (but I'm more right! pmsl)

[charitynjw]

Re: VEAS clamped my vehicle

Possibly one to debate elsewhere, as it's a 'picky' point of law. I would still say that if someone does something knowing it might be untrue or misleading, if they know it might be, then do, it is done deliberately.

I suspect we're both right in our own ways (but I'm more right! pmsl)

I'm only right if my OH gives me permission.

Which is never!.......

[labman]

Re: VEAS clamped my vehicle

I'm sure they must be committing some offence here demanding money to which they are not entitled. For a motorist, ignorance of the law is no excuse; I see no reason why this should not apply equally to the DVLA.

So back to the thread, I guess the OP should get their MP involved (http://www.theyworkforyou.com/mp/)

[bluebottle]

Re: VEAS clamped my vehicle

Possibly one to debate elsewhere, as it's a 'picky' point of law. I would still say that if someone does something knowing it might be untrue or misleading, if they know it might be, then do, it is done deliberately.

I suspect we're both right in our own ways (but I'm more right! pmsl)

Just remember that some of us on LB have worked within the Criminal Justice System. Criminal Law is a complex animal and can be a legal minefield at the best of times.

[labman]

Re: VEAS clamped my vehicle

Just remember that some of us on LB have worked within the Criminal Justice System. Criminal Law is a complex animal and can be a legal minefield at the best of times.

Do you mind me asking how long it was since you retired from the police force due to your knee injury?

[Guest]

Re: VEAS clamped my vehicle

Just remember that some of us on LB have worked within the Criminal Justice System. Criminal Law is a complex animal and can be a legal minefield at the best of times.

In my life I have worked with many professional people, some police, many intelligent clued up individuals, some I would not trust with a sharp object, the job description rarely gives an indication of the persons ability.

[bluebottle]

Re: VEAS clamped my vehicle

Do you mind me asking how long it was since you retired from the police force due to your knee injury?

I have kept myself up to date with changes since. Just as a matter of interest, could you advise what experience you have of preparing cases for court in criminal cases, rules of evidence, etc.?

[labman]

Re: VEAS clamped my vehicle

I have kept myself up to date with changes since. Just as a matter of interest, could you advise what experience you have of preparing cases for court in criminal cases, rules of evidence, etc.?

I note you have not answered the question.

I will answer yours - none. I don't think you will find me offering advice on anything to do with preparing cases for court in criminal cases though, so I fail to see any relevance. The issue here was about the interpretation of a piece of legislation which does not necessitate that experience. In terms of interpreting Acts of Parliament, only today a solicitor has bowed to my interpretation of both the Employment Act 1996 and the Equality Act 2010 - an interpretation which meant the difference between my wife keeping her job or not keeping her job as a result of this interpretation.

Incidentally, the reason she was in the mess in the first place was from following the advice of someone who claimed they were something they weren't on here.

The fact you endlessly repeat you were a policeman makes no difference to me, though you say it so often, it is clearly designed to impress posters. That is why I asked how long ago you retired. I retired from Education around 10 years ago now and openly confess to being out of date, and I try to keep myself up to date. I would never presume to say I do keep myself up to date. Equally 'a gut instinct' has no legal bearing, though you frequently rely on that as opposed to any specific knowledge or experience in posts.

I'm happy to challenge you as your contribution certainly to bailiff posts, parking posts and possibly other areas, is plentiful, but is also frequently unrealistic and living in a land of theory. No matter how good your knowledge may (or may not) be, you need to know how to apply it for it to be really useful.

So, how long ago did you retire from the police force? I'll ask you your own question too - Just as a matter of interest, since leaving the police, could you advise what experience you have of preparing cases for court in criminal cases, rules of evidence, etc...

[b4076]

Re: VEAS clamped my vehicle

hi, lots of letters back and forth, they ignore what i ask them.

does anyone know where the regulations state that

'you require permission from the proprietor to allow you to park vehicles there as part of your day to day business'

??