Legal Advice Please?
#62
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your average pc plod does not have the jurasdiction to hand out driving offences,only the traffic cops can do this.a no as over took cops aswell who said that a would loose lisence bla bla bla and it got flung out of court as they were not traffic cops so didnt have the relavent training or now how to charge me with offence.give them a badge and they become arseholes.
#63
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Update Time
An update for all you decent souls out there who have been interested in this and sent me good wishes;
Sent a twenty eight point complaint in to police last March, was then visited a number of times by a very senior constable and underling, underling spent great effort and imagination trying to get me to name my policeman friends who were advising me but he was not successful. Criminal allegations were sent with police report to Area Procurator Fiscal (APF) who has decided to do nothing (big surprise there) even though I provided video/photographic evidence of the road and traffic police and police driving instructor opinion agreeing that there are no blind bends on the road. I have written to the APF asking for details of how he came to this decision (they broke a number of their own protocols during the decision making process but I will deal with that later).
Big surprise though was that the police disciplined the constables involved with formal action under the provisions of the Police (Conduct)(Scotland) Regulations 1996 but provided no details. I am seeking clarification through official channels and if this is not forthcoming will find out via friends what happened. I was warned that they were probably told to do a better job of fabricating "evidence" next time and to wear their hats when they assault a member of the public but we will see.
Current Action 1 - am raising a small claims action against the PF in Airdrie for my legal and associated costs, I will make sure that it will cost them a lot more to defend this than it cost me in legal fees originally.
Current Action 2 - have issued instructions to counsel to raise an action for defamation against the two lying police constables as individuals, not as police constables, seeking significant damages from same.
Current Action 3 - will be referring the police investigation results to the Police Complaints Commissioner for Scotland as much of the decision letter misrepresents the powers of the police during pursuits (they must think we cannot read or understand the ACPOS guidelines on vehicular pursuits) and the senior constables are either unaware of their own guidelines or have purposefully set out to mislead me.
Current Action 4 - once the APF has explained why they do not think that 15 ordinary jurors would find the case against the lying constables persuasive (it would be trial by indictment i.e. in front of a jury because of the seriousness of the criminal allegations meaning the evidence of the constables would not be "preferred") as it is by their supporters in the fiscals office and on the bench, I will consider instigating a judicial review of their decision and will cause maximum embarrassment and possibly have them instructed to bring charges.
As I said earlier, I am lucky to be very well off and very well educated otherwise these vermin would get away Scot free. Last word from my serving traffic officer pal "You must be a f*****g nightmare to deal with". You bet.
Sent a twenty eight point complaint in to police last March, was then visited a number of times by a very senior constable and underling, underling spent great effort and imagination trying to get me to name my policeman friends who were advising me but he was not successful. Criminal allegations were sent with police report to Area Procurator Fiscal (APF) who has decided to do nothing (big surprise there) even though I provided video/photographic evidence of the road and traffic police and police driving instructor opinion agreeing that there are no blind bends on the road. I have written to the APF asking for details of how he came to this decision (they broke a number of their own protocols during the decision making process but I will deal with that later).
Big surprise though was that the police disciplined the constables involved with formal action under the provisions of the Police (Conduct)(Scotland) Regulations 1996 but provided no details. I am seeking clarification through official channels and if this is not forthcoming will find out via friends what happened. I was warned that they were probably told to do a better job of fabricating "evidence" next time and to wear their hats when they assault a member of the public but we will see.
Current Action 1 - am raising a small claims action against the PF in Airdrie for my legal and associated costs, I will make sure that it will cost them a lot more to defend this than it cost me in legal fees originally.
Current Action 2 - have issued instructions to counsel to raise an action for defamation against the two lying police constables as individuals, not as police constables, seeking significant damages from same.
Current Action 3 - will be referring the police investigation results to the Police Complaints Commissioner for Scotland as much of the decision letter misrepresents the powers of the police during pursuits (they must think we cannot read or understand the ACPOS guidelines on vehicular pursuits) and the senior constables are either unaware of their own guidelines or have purposefully set out to mislead me.
Current Action 4 - once the APF has explained why they do not think that 15 ordinary jurors would find the case against the lying constables persuasive (it would be trial by indictment i.e. in front of a jury because of the seriousness of the criminal allegations meaning the evidence of the constables would not be "preferred") as it is by their supporters in the fiscals office and on the bench, I will consider instigating a judicial review of their decision and will cause maximum embarrassment and possibly have them instructed to bring charges.
As I said earlier, I am lucky to be very well off and very well educated otherwise these vermin would get away Scot free. Last word from my serving traffic officer pal "You must be a f*****g nightmare to deal with". You bet.
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God i love it when a plan comes together. Well done fella, i think they are ****ing them selfs now. Its about time this stuff was in the public domain, and people like yourself stand up to these corrupt ba$tards. Please keep us inform when you get some dates for any of the proceedings, i will defo be there.
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Fantastic news.
Like you say, People who cannot afford to contest instances like this get shafted time and time again, I wonder how many innocents have been shafted in instances similar to this over the years, It's good to see someone fighting their case against "them" and winning it.
Well done
Like you say, People who cannot afford to contest instances like this get shafted time and time again, I wonder how many innocents have been shafted in instances similar to this over the years, It's good to see someone fighting their case against "them" and winning it.
Well done
#67
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I'm a nooby to the forum and have just read through this thread and i'm shocked at what you've been put through.
I was steamrollered a few years ago into admitting to careless driving by the local plod who lied to the court about how fast they reckoned I was going. I had a lot on my plate at the time and just wanted it over with.
I certainly won't let that happen again.
brownjd5 you are an inspiration to us all mate, well done and i'm keeping my fingers crossed that the whole truth of this comes out and heads are made to roll.
I was steamrollered a few years ago into admitting to careless driving by the local plod who lied to the court about how fast they reckoned I was going. I had a lot on my plate at the time and just wanted it over with.
I certainly won't let that happen again.
brownjd5 you are an inspiration to us all mate, well done and i'm keeping my fingers crossed that the whole truth of this comes out and heads are made to roll.
#69
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not meny can beat the plod but nice one fella.a mate of mine was run over by a squad car while out on his moterbike.the police was on the wrong side of the road with no light or anything and hit glen(my mate).it took him six months to walk again and only after the traffic cops going against there own did glen get anything out of it.the result was the to officers were suspended for 3 months and glen got a nice lump of doller.he now drives a white ltd ed hawkeye and often waves to the officers who crashed in to him.there reason for the crash was thay was late to get back to the station. also i was at a show run by the plod in november and was asking a copper about the laws of exhust noises on scoobies.in his reply he asked why would u like it? my reply was "ferrari drivers love the sound of there engines (my dad did) and its the same thing for some scoobie drivers" his reply was "then ur a sad sod and need to grow up" i was going to complain (cus i couldnt give him the slap he needed) but he told me he would go over my car with a fine tooth comb and do me for everything.sadly my car wasnt there but i had a feeling he would have done it to my mates skyline that i was with. still im glad some get the better of the wrong-uns in the force
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God i love it when a plan comes together. Well done fella, i think they are ****ing them selfs now. Its about time this stuff was in the public domain, and people like yourself stand up to these corrupt ba$tards. Please keep us inform when you get some dates for any of the proceedings, i will defo be there.
#71
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You should not back down when you are honest and decent. I think it was Edmund Burke who said that all it takes for evil to triumph is for good men to do nothing, he was as correct then as he is now.
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Fantastic news.
Like you say, People who cannot afford to contest instances like this get shafted time and time again, I wonder how many innocents have been shafted in instances similar to this over the years, It's good to see someone fighting their case against "them" and winning it.
Well done
Like you say, People who cannot afford to contest instances like this get shafted time and time again, I wonder how many innocents have been shafted in instances similar to this over the years, It's good to see someone fighting their case against "them" and winning it.
Well done
#73
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I'm a nooby to the forum and have just read through this thread and i'm shocked at what you've been put through.
I was steamrollered a few years ago into admitting to careless driving by the local plod who lied to the court about how fast they reckoned I was going. I had a lot on my plate at the time and just wanted it over with.
I certainly won't let that happen again.
brownjd5 you are an inspiration to us all mate, well done and i'm keeping my fingers crossed that the whole truth of this comes out and heads are made to roll.
I was steamrollered a few years ago into admitting to careless driving by the local plod who lied to the court about how fast they reckoned I was going. I had a lot on my plate at the time and just wanted it over with.
I certainly won't let that happen again.
brownjd5 you are an inspiration to us all mate, well done and i'm keeping my fingers crossed that the whole truth of this comes out and heads are made to roll.
#74
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If you are suggesting a role in the legal profession then thank you for the compliment but I could never do so as I doubt if I could afford the soap and water bill. Every time I am in a room/court/police station with these people I feel the need to rush home and wash off the filth that accumulates from them.
#75
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not meny can beat the plod but nice one fella.a mate of mine was run over by a squad car while out on his moterbike.the police was on the wrong side of the road with no light or anything and hit glen(my mate).it took him six months to walk again and only after the traffic cops going against there own did glen get anything out of it.the result was the to officers were suspended for 3 months and glen got a nice lump of doller.he now drives a white ltd ed hawkeye and often waves to the officers who crashed in to him.there reason for the crash was thay was late to get back to the station. also i was at a show run by the plod in november and was asking a copper about the laws of exhust noises on scoobies.in his reply he asked why would u like it? my reply was "ferrari drivers love the sound of there engines (my dad did) and its the same thing for some scoobie drivers" his reply was "then ur a sad sod and need to grow up" i was going to complain (cus i couldnt give him the slap he needed) but he told me he would go over my car with a fine tooth comb and do me for everything.sadly my car wasnt there but i had a feeling he would have done it to my mates skyline that i was with. still im glad some get the better of the wrong-uns in the force
#76
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lol would loved to have slapped his smerk off his face but as you say you cant do it and i deffo cant do it again lol(long story but very funny)
but its was a lucky day for me as it was at a car show run by them and all the old bill that was there wasnt on duty so after saying that i have the rite of freedom of speach i called him a c**t with a big smile on my face.
i WOULDNT do that to an on duty officer but i got away with it and as it turns out he is the the main boss of the shouthwest driveing safty lot (forgot the proper title lol) it was a good show and all the other bobbies were ok ill be going back this year. the show is called so you think you can drive and is in wadebridge cornwall.
but its was a lucky day for me as it was at a car show run by them and all the old bill that was there wasnt on duty so after saying that i have the rite of freedom of speach i called him a c**t with a big smile on my face.
i WOULDNT do that to an on duty officer but i got away with it and as it turns out he is the the main boss of the shouthwest driveing safty lot (forgot the proper title lol) it was a good show and all the other bobbies were ok ill be going back this year. the show is called so you think you can drive and is in wadebridge cornwall.
#77
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It's just a pity that some members of "they" are complete ***** who will not think twice about setting someone up for the fall like they tried with you.
It needs to work both ways IMO, As long as ***** like these are roaming the streets supposedly to catch dishonest people when they they themselfs are as dishonest as the people they are supposedly trying to catch then the average bloke will have little respect for them.
It needs to work both ways IMO, As long as ***** like these are roaming the streets supposedly to catch dishonest people when they they themselfs are as dishonest as the people they are supposedly trying to catch then the average bloke will have little respect for them.
#79
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I agree with you but I was once overtaken by a marked police car (no lights or sirens going and not traffic plod) on that bend heading heading towards the village 30 mph limit, he actually started overtaking me before the junction with the farm road. Hypocrisy seems ingrained during police "training".
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This is getting laughable now
I am in the process of claiming my cost back from Strathclyde Police as I said I would (I am also having the decision of the Procurator Fiscal in Lanarkshire not to report the two "constables" to the Crown Office for prosecution subjected to a Judicial Review in the Court of Session but more on that at some future date).
The Chief Constable has stated that he does not accept vicarious liability for the actions of his constables in this matter and has asked me to sue the two plod directly. His liability is laid down in statute and he may not act in this way but it has become apparent over the last two years that Strathclyde Police consider that the law is something that only applies to others and never to them. I will look forward to the Chief Constable explaining in court why the law of the land does not apply to him (I am starting to enjoy this!).
The Chief Constable has written to the two lying scum concerned and told them that they will have to pay my costs directly. Not surprisingly they shat themselves and ran to their union who ran to the press. See this article in the Sunday Mail on 26 June: http://i284.photobucket.com/albums/l...ailarticle.jpg
You will all note that nowhere in the article does it point out that both lying scumbags were disciplined by their own workmates for fabricating "evidence". I contacted the journalist concerned to offer to correct the errors and provide documentation establish the bona fides of my position but he seems reluctant to be anything other than a cheerleader for two "hard working coppers who acted in good faith".
Feel free to comment and ask any questions about this and I will do my best to answer them. Keep your eyes open out there everyone, there is a culture of very aggressive and unlawful road policing by borderline educationally sub normal mendicants going on and it is time we had it stopped.
The Chief Constable has stated that he does not accept vicarious liability for the actions of his constables in this matter and has asked me to sue the two plod directly. His liability is laid down in statute and he may not act in this way but it has become apparent over the last two years that Strathclyde Police consider that the law is something that only applies to others and never to them. I will look forward to the Chief Constable explaining in court why the law of the land does not apply to him (I am starting to enjoy this!).
The Chief Constable has written to the two lying scum concerned and told them that they will have to pay my costs directly. Not surprisingly they shat themselves and ran to their union who ran to the press. See this article in the Sunday Mail on 26 June: http://i284.photobucket.com/albums/l...ailarticle.jpg
You will all note that nowhere in the article does it point out that both lying scumbags were disciplined by their own workmates for fabricating "evidence". I contacted the journalist concerned to offer to correct the errors and provide documentation establish the bona fides of my position but he seems reluctant to be anything other than a cheerleader for two "hard working coppers who acted in good faith".
Feel free to comment and ask any questions about this and I will do my best to answer them. Keep your eyes open out there everyone, there is a culture of very aggressive and unlawful road policing by borderline educationally sub normal mendicants going on and it is time we had it stopped.
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Something like this happened to my dad, off duty police etc.
It did go to court, although its expensive he pleaded innocent used a good solicitor and the end result was the pig looking like a complete lieing fool, who in pulling alongside my dad (as they did in your case) caused more danger to other road users than a normal person ever would.
My advice pay the solicitor and win the case, the DD charge will cost you the same in the long run.
It did go to court, although its expensive he pleaded innocent used a good solicitor and the end result was the pig looking like a complete lieing fool, who in pulling alongside my dad (as they did in your case) caused more danger to other road users than a normal person ever would.
My advice pay the solicitor and win the case, the DD charge will cost you the same in the long run.
#86
Just read through this and like others I'm shocked at some of what I've read. I know coppers can be scum bags as much as the next motorist. I've also met some much nicer ones. They don't tend to be the brightest but I, like so many others would more or less have no choice but to bend over and take it because I'm not well off enough to defend myself to this extent.
I was given 3 points and a £60 for stopping (for literally 4 seconds whilst someone got out of my car) on a zig zag line. There were no cars or pedestrians in sight other than this van that came along seemingly out of nowhere. He moved off because I moved off but happened upon me again slightly later on and invited me into their van. I understand that the points vary from 0 to 3 depending on what region you're in but I still felt incredibly harshly done by because those points stay with you for 5 years and effect insurance premiums. When i was sitting in the van I thought I was just getting a £30 ticket but was sickened when I saw i was getting points. Fair enough if someone parks or waits in zig zag lines but the copper saw the whole thing. He knew I was dropping someone off and that there was no one about but common sense isn't common sense isn't something the police seem to exercise. Since then outside my house I've seen motorists stop and park on zig zag lines with no consequences. I know what I did was wrong by the letter of the law but common sense should be applied and the fact that you get exactly the same punishment for speeding is ridiculous. I learned my lesson the hard way.
Congrats for more or less successfully fighting your corner! Well done.
I was given 3 points and a £60 for stopping (for literally 4 seconds whilst someone got out of my car) on a zig zag line. There were no cars or pedestrians in sight other than this van that came along seemingly out of nowhere. He moved off because I moved off but happened upon me again slightly later on and invited me into their van. I understand that the points vary from 0 to 3 depending on what region you're in but I still felt incredibly harshly done by because those points stay with you for 5 years and effect insurance premiums. When i was sitting in the van I thought I was just getting a £30 ticket but was sickened when I saw i was getting points. Fair enough if someone parks or waits in zig zag lines but the copper saw the whole thing. He knew I was dropping someone off and that there was no one about but common sense isn't common sense isn't something the police seem to exercise. Since then outside my house I've seen motorists stop and park on zig zag lines with no consequences. I know what I did was wrong by the letter of the law but common sense should be applied and the fact that you get exactly the same punishment for speeding is ridiculous. I learned my lesson the hard way.
Congrats for more or less successfully fighting your corner! Well done.
#87
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Just had a chuckle reading that article. It does make you wonder about the quality of the stuff printed in newspapers. People reading that would have the completely wrong view of your particular case and you personally. Pretty shocking stuff.
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Hello everyone
Sorry I have not replied to some of the recent posts in this thread and just to let you all know that I have not disappeared (though I can think of a few lying scum bags who wish I would) but, on counsels advice, I cannot say or write any more about this case other than to assure you all that things are moving along (slowly) and that I promise I will (at the conclusion of my legal action) let you all know the outcome but I am feeling pretty confident based, again, on the advice of counsel. Sorry I have to chose my words so carefully but I am sure you all understand.
Just a thought for you all, normal legal protection on your car insurance does not cover you for defending against this type of malicious allegation (some do though, so check your policy, boring (I know) but can you spend the £4000 I am up to now?) so I would advise you all with "distinctive" cars to get yourself a policy that will pay to defend you in these circumstances. There are a few out there and we went for a joint RAC legal protection policy (£25) which, as well as giving the normal type of protection, also will pay to defend against motoring prosecutions.
Keep safe on the roads everyone and let us not be too smug with our all wheel drive ability at this time of year!
Just a thought for you all, normal legal protection on your car insurance does not cover you for defending against this type of malicious allegation (some do though, so check your policy, boring (I know) but can you spend the £4000 I am up to now?) so I would advise you all with "distinctive" cars to get yourself a policy that will pay to defend you in these circumstances. There are a few out there and we went for a joint RAC legal protection policy (£25) which, as well as giving the normal type of protection, also will pay to defend against motoring prosecutions.
Keep safe on the roads everyone and let us not be too smug with our all wheel drive ability at this time of year!
#90
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Thanks for the advice about legal protection. That's a good point, and something most people (including myself) never think to insure against. I'll definitely look into it.