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Council

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wannabeeahack

Post subject:

Posted: Mon Feb 02, 2009 4:32 pm

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell

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

if they refuse he wants to run the swines down........... :-o

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wannabeeahack

Post subject:

Posted: Mon Feb 02, 2009 4:33 pm

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell

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.

kangaroo+court spring to mind

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cabbyman

Post subject:

Posted: Mon Feb 02, 2009 8:51 pm

Joined: Sun Oct 16, 2005 12:07 am
Posts: 2596
Location: Hampshire (HC)

Thinking out loud (in print!!):

In order to claim against the council he would have to show that it was unreasonable in all the circumstances to suspend him.

Is there a possibility of an action against the offending scroat and/or CPS?

He would have to show attempting to pervert the course of justice against the scoat or negligence against CPS on the basis that their lack of diligence in prosecuting the case could be reasonably foreseen to have affected him adversely. Does statute specifically exclude CPS from negligence actions in the public interest?

He probably has a case against all of them, but by the same token, each case is fairly weak. He certainly needs to see a good solicitor or see if his solicitor could get counsel's opinion. Of course, that will need funding. He probably can't get legal aid.

Anyway, there's some random jottings which no doubt others will leap in and pull to bits.

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echo15

Post subject:

Posted: Fri Feb 06, 2009 3:12 pm

Joined: Sun Feb 25, 2007 6:40 pm
Posts: 1046

The LO turn up at the guys house last night and handed him his licence :shock:

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grandad

Post subject:

Posted: Fri Feb 06, 2009 3:31 pm

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130

echo15 wrote:

The LO turn up at the guys house last night and handed him his licence :shock:

That was jolly decent of them.

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Alimo

Post subject: Re: Council

Posted: Sat Feb 07, 2009 12:28 am

Joined: Fri Jan 23, 2009 3:35 am
Posts: 27
Location: Cheshire

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?

Oh dear, and here was me thinking that the " INNOCENT UNTIL PROVEN GUILTY" rule was used by all Government agencies ?

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