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echo15
 Post subject: Council
PostPosted: Sun Feb 01, 2009 4:11 pm 
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If a driver has been suspended by the council, pending a court case and the case collapses due to lack of evidence. Does the driver have any way of getting 7 months worth of lost earning back from the council?

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wannabeeahack
 Post subject: Re: Council
PostPosted: Sun Feb 01, 2009 5:46 pm 
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echo15 wrote:
If a driver has been suspended by the council, pending a court case and the case collapses due to lack of evidence. Does the driver have any way of getting 7 months worth of lost earning back from the council?


go on, have a guess at the answer

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Sussex
 Post subject: Re: Council
PostPosted: Sun Feb 01, 2009 6:18 pm 
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echo15 wrote:
If a driver has been suspended by the council, pending a court case and the case collapses due to lack of evidence. Does the driver have any way of getting 7 months worth of lost earning back from the council?

Can't see why not.

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MR T
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PostPosted: Sun Feb 01, 2009 6:32 pm 
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The council has the authority to suspend the licence if they think it is in the interest of the general public..... I would have thought his claim would be against the police. if he has one at all.

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Sussex
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PostPosted: Sun Feb 01, 2009 6:36 pm 
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It will all depend if the case was stopped before a trial took place and maybe any comments from the judge.

If the council acted reasonably, then a claim would be hard to win, but if they didn't, then it will be easier.

Very hard to judge unless you have 100% of the true facts.

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echo15
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PostPosted: Mon Feb 02, 2009 12:15 pm 
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Basically he had a runner who in his haste ran "into the path" of the car and sustained an injury.
The runner claimed the driver deliberatly drove into him the police aressted him and tried to procecute him it went to magistrate court, then on to crown court for a prelim hearing a date was set for march.

Then friday his solicitor phoned him to say all charges have been dropped.

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skippy41
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PostPosted: Mon Feb 02, 2009 12:43 pm 
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I would think he would need his solisitor to claim compo for loss of earnings and stress from the court, I dont know if he could claim off plod
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Sussex
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PostPosted: Mon Feb 02, 2009 1:31 pm 
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echo15 wrote:
Then friday his solicitor phoned him to say all charges have been dropped.

Makes a successful claim a bit easier, but, for what it's worth, maybe it might be worth trying to put it all behind him.

Easier for me to say though. :sad:

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echo15
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PostPosted: Mon Feb 02, 2009 1:40 pm 
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Thanks for all your replies I'll let you know what he does. He has to reapply for his licence back in any case :evil:

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Sussex
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PostPosted: Mon Feb 02, 2009 1:42 pm 
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echo15 wrote:
Thanks for all your replies I'll let you know what he does. He has to reapply for his licence back in any case :evil:

See that's wrong as well, they should have suspended it. :sad:

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grandad
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PostPosted: Mon Feb 02, 2009 1:50 pm 
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Sussex wrote:
echo15 wrote:
Thanks for all your replies I'll let you know what he does. He has to reapply for his licence back in any case :evil:

See that's wrong as well, they should have suspended it. :sad:


The first post states that the license was suspended???? Why does he have to re apply?

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echo15
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PostPosted: Mon Feb 02, 2009 3:37 pm 
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I'm just going on what he told me he has to appear before the licensing bunch to declare he is fit and proper to get his license back

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Sussex
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PostPosted: Mon Feb 02, 2009 3:46 pm 
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echo15 wrote:
I'm just going on what he told me he has to appear before the licensing bunch to declare he is fit and proper to get his license back

Maybe that's to un-suspend him.

It's worth noting that just cos the CPS didn't have enough evidence to proceed to trial doesn't mean there's not enough evidence to revoke his license. :?

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grandad
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PostPosted: Mon Feb 02, 2009 3:48 pm 
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Sussex wrote:
echo15 wrote:
I'm just going on what he told me he has to appear before the licensing bunch to declare he is fit and proper to get his license back

Maybe that's to un-suspend him.

It's worth noting that just cos the CPS didn't have enough evidence to proceed to trial doesn't mean there's not enough evidence to revoke his license. :?


The old balance of probabilities against reasonable doubt scenario again. :wink:

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Sussex
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PostPosted: Mon Feb 02, 2009 3:57 pm 
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grandad wrote:
The old balance of probabilities against reasonable doubt scenario again. :wink:

Or 50.01% to 80.01%. :shock:

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