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Post by mrsonde on Dec 16, 2014 2:30:55 GMT 1
Has Jonjel received his just deserts yet? Has he ben strung up on a gibbet outside Bath beneath a flashing "Your Speed Is: 35 mph" sign? as a warning to other speed-freak teenage hooligans? He's gone very quiet. We won't forget, Jonjel. You're an irresponsible driver of a death machine uncaring of aged cripples and disabled mental retards tyrying to cross the street in sheep-jumping dreamy innocence, eager to get to your next money-making entrepreneurial capitalist decent-ordinrary-working-bloke-beating scheme, you imperialist internal-combustion-engine abusing swine.
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Post by fascinating on Dec 16, 2014 9:47:18 GMT 1
Erm, what deserts would be just? The Gobi, the Kalahari or what?
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Post by jean on Dec 16, 2014 9:50:06 GMT 1
I don't suppose Nick was thinking of puddings.
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Post by jonjel on Dec 16, 2014 16:40:14 GMT 1
No, he is still a free man. I will give you a very brief rundown, of the story so far. I will fill in the gaps from my prison cell as and when.
I asked for the full DVD on 5th August. In Court in September the CPS said it would contravene the data protection act. Got another hearing date (I don't have the file here so cant give you the dates) and was told 'you do not need to appear', it was for direction only. Then get letters telling me I had been found guilty and fined a shedload of money.
Not unnaturally I felt a little loth to pay up, so appealed and rather than upset them with the term 'abuse of process' told them I felt there might have been 'an administration error. That judgement was set aside and I was given another date with the same terms 'you do not need to appear'. So I went of course and told the Court I was there as I did not want another administration error. Magistrates are a dry old lot but the did smile. I also in very polite terms and with some back up documents pointed out that the DVD contravening data protection act was bollocks, and they agreed and ordered the CPS to release it within 10 days.
No DVD arrived but there was another hearing date on 25th Nov. I went, and the CPS disputed they had been ordered to release the DVD. I politely pointed out that it would have been in the Magistrates notes even if the CPS had not written things down. The CPS then more or less bullied me and told me if I pleaded guilty there and then it would only cost me £85 in costs but if I was found guilty at a later date it might cost me up to £650. I told them that I was not going to plead guilty to something I had not done and I resented them bullying me. The bench then ordered them to release the full session DVD to me by the 9th Dec and actually asked me to report to them if it did not arrive. And set yet another hearing date of 3rd March 2015.
Needless to say no DVD by the 9th, so I wrote to them on the 12th in case it was delayed in the post, very politely in some detail and finally asked for the case to be formerly dismissed. I am told they have to do that if there is no DVD.
Not counting any chickens but if they do dismiss it I will smack in a claim for costs .A lot of costs.
Watch this space........
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Post by mrsonde on Dec 17, 2014 20:41:03 GMT 1
Jean dn Fascinating please note, Jonjel is a fully paid up mameber of Robin Hood's race. This is wot made England. DNA analysis proves it, even if the CPS refuse to release the data.
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Post by mrsonde on Dec 17, 2014 20:42:37 GMT 1
Mameber is a scientifically technical term, wot you won;t understand.
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Post by fascinating on Dec 18, 2014 13:34:53 GMT 1
I understand that you are writing nonsense.
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Post by rsmith7 on Dec 27, 2014 20:29:57 GMT 1
Well done Jonjel. Meanwhile in the socialist republic of Scotland, they have decided it would be nice to install average speed cameras all over the place. I was in a hurry to get to Stirling and back in early November, got bored with driving like a penis so accelerated to normal speed. Happy to report that either their commucams don't work, or they take a very long time to send their fines. Sadly in their attempt to get the proles into cattle trucks, the central committee have deemed it advantageous to reduce the drink drive limit to 50mg. Next report from the Gulag.
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Post by mrsonde on Dec 28, 2014 18:21:22 GMT 1
Fifty miles a gallon! I doubt whether I could get out of the carpark. You've gotta hand it to you Scots. It must be all your clogged arteries.
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Post by jonjel on Jan 1, 2015 16:59:15 GMT 1
Update.
Unbelievably through my door a couple of days ago came a CD with a brief covering note from the CPS. I have not looked at it yet - knowing how efficient they are it could be top secret data from another case. It is only about a couple of months late. Strange that if I pissed the Magistrates about I suspect there might be a few unpleasant consequences but the CPS seep to be able to act with impunity.
It will be expertly copied, then even more expertly analysed by an expert I have on board who lives in St Austell. And I will of course let you know........
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Post by jonjel on Feb 19, 2015 16:39:36 GMT 1
Update again!
The CD was analysed, and found to be somewhat misleading by my expert guru. Lots of things I will not detail here. He produced a very detailed section 9 which I presented to both the Court and the CPS. I now have another hearing scheduled for 19th April. But the evidence from my guru has been passed by the CPS to (I think) the RSS, legal department. That is Road Safety Standards I think. Effectively the CPS's expert witnesses. They will be the final arbiters as to whether this goes to trial, not the CPS. I was told yesterday they have not had time yet to read it, but will do so before 5th march.
It is actually starting to bug me. If they do throw it out, which is possible, I am not going to get too much joy out of spending my 'expenses incurred', even though at the moment they represent a rather nice holiday.
I will keep you all posted of course!
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Post by mrsonde on Feb 20, 2015 16:27:22 GMT 1
You're lucky jj. I've had a legal case against solicitors going on for...nearly two years now. Another medical malpractise case goes back nearly three years. I had one a decade and more ago that stretched out for five years - that was against corrupt solicitors and a bank: the bigger the perpetrator the more games they know how to play. If you're taking on the CPS I suggest you detail your case in your Will for your beneficiaries to fight.
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Post by jonjel on Aug 20, 2015 10:35:22 GMT 1
Speeding.
Well, I promised to give you all a resume, and will try and keep this brief. To actually give all the detail would take many pages. My file on this is well over 100 mm thick.
As you know I was clocked speeding at 35mph just before Christmas 2013. It was an appalling day with torrential rain and wind gusting up to 54MPH – I have the weather data from the met office for that day for a station 5 miles away. But, I know with certainty I did not do it as I had seen the bloody van in his regular spot on my way into town about a mile from my house so was being cautious I was clocked on my way back from town.
I was offered a speed awareness course but wrote saying there must have been a mistake, and gave my reasons. Their response was to issue a summons!
I asked for the full session video but the CPS solicitor stated in court this would breach the data protection act. That is untrue, and with all their experience they must have known that. I don’t know if that is perjury, but it was a lie they told in court to mislead the court.
There were several other court appearances in which the RSS were ordered to disclose the video. It eventually arrived in early January, but only a partial video, about 90 seconds. By that time I had an expert working for me, who analysed the video. There were many many error codes which came up. I have the manual for the laser gun, an LTI 20.20 Ultralyte 1000, so know what they mean.
My expert stated with absolute certainty that the laser was being affected by diffraction from the enormous amount of spray being thrown up. And quite rightly he said that due to the very nature and inconsistency of spray it was impossible to state how big that error would be. I have a long a very detailed report he wrote (together with several reports from the RSS which are mainly bumf)
In the meantime I had instructed a solicitor as it was starting to get a bit heavy.
Another hearing in which their RSS expert witness was directed to co-operate with mine. To cut a very long story short, they refused, so another court hearing. They were told in no uncertain terms to write a joint report. This they did, eventually, and in it they totally contradicted themselves. ‘Points of agreement’: Water spray can affect the readings of the laser gun. ‘Points on which there is disagreement’ Water spray will have no effect on the laser gun readings according to them. A bloody joke.
The upshot was a new date set for 17th August. But in the meantime, on 27th July their experts had conducted ‘tests’. An Audi R8 driven along a runway in rain. A different car (Mine is a Volvo) filmed by a different type of laser, on a different road of course and different weather conditions. They did not invite my expert to those tests despite being ordered to co-operate with him. Why? In case they proved he was right of course. Any of you with a remote understanding of science and technology know that this sort of ‘test’ would be laughed at in any scientific meeting. But it gets a lot worse. My expert witness was supplied with a report on those tests, and two still images. The new camera produces a video, but that cannot be opened by any one of over 6000 programmes my company computer guru has tried, (He has a phD in the subject) and the CPS refuse to supply the software to open it.
I then had a meeting with my solicitor. He told me that to continue cold cost me a small fortune – up to 40K as the CPS and RSS were determined to stall and cheat at every opportunity. I was not prepared to risk that sort of money. He said it was a case that they dared not lose as every motorist in the land who was ‘done’ in foul weather might have a claim for it to be set aside.
So the upshot was I pleaded guilty to something I had not done. But a bit of a victory in some ways. The original fine and costs for when I was found guilty in my absence was close to £1000. The CPS were now claiming 8K! The district judge looked at it and awarded them just £475. And being a bit of a bolshie bastard I asked for time to pay, which I got, £50 a month!
Now this is actually quite serious. What is now going to happen is, if a bored ex copper in a van zaps you, you are guilty. And we know with absolute certainty that these devices are not infallible. I have a video of the Next building in Weston Super Mare travelling at 50KPH! It is called slippage. Unless you have almost unlimited time and funds there will be no point in fighting it. That in my view, and in the view of my solicitor is not justice. It might just be legal, but it is well short of being justice. In every case I have ever heard about if the prosecution withhold evidence that might be useful to the defence the case is thrown out. Not in speeding however. And when the new cameras come in, you won’t even be able to view the video evidence. I only viewed mine on the old camera through persistence.
We are not going to leave it here. My expert witness, and I can assure you he really is an expert, is writing a detailed report which he is going to submit to The Home Office. If they ignore it he is probably going to post it on-line. I have read some of it and if what he says were not true it would be libellous. If the RSS expert witnesses sue him for libel, he can prove with certainty that what he says is true, so it can’t be libel! It is unlikely the press would be interested. They just want stories that sell newspapers and since there are no tits in it (other than the authorities) they will not bother.
Am I sorry I started this? Actually no. I have learned a great deal. I am not too bothered about the costs I have incurred and if by using this case my chap can get some form of justice restored for the millions of motorists out there, then I am content.
To be continued……..
And if any of you have any thoughts, do get in touch
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Post by fascinating on Aug 20, 2015 20:11:00 GMT 1
It's quite a story Jonjel. Do you think the press might take it up for you. Or maybe the BBC (national or local) might start an investigation into the facts?
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Post by jonjel on Aug 21, 2015 9:48:37 GMT 1
It's quite a story Jonjel. Do you think the press might take it up for you. Or maybe the BBC (national or local) might start an investigation into the facts? We just don't know fascinating, but have had lengthy discussions. The problem is that once the press decide to run with it you have absolutely no editorial control - they can put whatever slant they like on it. For example, 'another whinging dangerous driver gets his cum-uppance'. As for TV such as 'Watchdog' and similar, it would be a one off, and what we would like to do is get a hare running. Not going to be easy. What this is really about is, unless you have almost unlimited funds you can't defend yourself, and that is not justice. I can assure you there is a shed load of detail I did not put in my resume a couple of days ago. How the CPS can blatantly ignore Court instructions to release evidence they hold beggars belief. Not once but three times. Colin Montgomerie (the golfer) fought one in Carlisle, and eventually won. I have all the papers from that case and I happen to know what just his own costs were, which were eye watering. Very few people have that sort of money. About to go on line and set up the SO for £50 a month, which will give me a strange feeling of satisfaction.
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