Just to start I do know that there people in the forum whose viewpoint is "Stick to the rules and speed limits and don't bleat if you get caught". Nothing wrong with that but the other side of the coin is that those in authority have to obey THEIR side of the rules too! Caution you before interview, correct procedure for breathalyser, send out NIPs within 14 days etc. If they don't they won't secure a conviction and that is the way it should be, IMHO.
Having said that it is reported today that a motorist is disputing a parking ticket, not because he wasn't parked illegally, but because the "Traffic Attendant" serving the ticket was not properly dressed ie not wearing a hat! On the basis that motorists are guilty until proved innocent can we assume that Traffic Attendants will have to prove that they were correctly dressed for each ticket they wrote during a shift? Discuss and write short notes, as they used to say at school! Its only a bit of fun!
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I (and many others) have made a career of playing by the rules and totally agree with AS' assertion in paragraph one. I have no qualms in investigating these issues, I don't know what it is with the latest version of the Police training software but they seemed more clued up and do play by the rules (the newer recruits).........
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Thanks for that comment pugugly. I should have added that "The Rules" need to be clear and have legal standing - see the long thread here on Customs and Excise tyranny at Dover over the last year or so! Do any of the Rule Obeyers think we should lie down and take that sort of dross from people whose incomes are paid by our taxes, especially when the officials are wrong?!
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Seems times have changed,,,
Used to Britannia Rules the Waves nowadays its more Britannia Waives the Rules !
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Many years ago a friend of mine was charged with assaulting a Parking Warden. She solicited the aid of a Solicitor who told her to plead guilty and get the minimum penalty on offer since his costs would outweigh any fine that might be imposed.
As she had the option of having the matter dealt with by mail she wrote and said that she was innocent of the charge but would have to plead guilty as she couldn’t afford legal representation. An official replied and pointed out that she might like to rethink her plea as she may not realise just how serious the charge was and the severe consequences that could follow if she was found guilty.
It was at this point that I became aware of what was occurring. I pointed out that her defence was contradictory, the penalties dire and anyway why not go down fighting.
Battle commenced on the appropriate day in the County Court. The public was barred from the Public Gallery because it was being redecorated. I quietly (as much as I am able) emphasised to the attendant Jobsworth that not only did justice have to be done but it had to be seen to be done. I was then allowed into the Public Gallery.
The circumstances of the case were rather complex but revolved around whether my friend (all of five foot two with eyes of blue) had, unprovoked, struck and injured a Parking Warden (all of 6 foot tall and agonisingly ugly).
My friend when conducting her case came all over Ironside when interrogating the Parking Warden prefacing her questions with remarks such as “I put it to you that you are lying” and “You and I both know you are lying”. Eventually the Clerk of the Court pointed out that she couldn’t use such terminology and asked if she would like him to cross-examine the witness. Which he did - magnificently.
The Parking Warden was proved to have lied in his evidence. Independent witnesses supported my friend’s account. The case was dismissed.
What was strange about the Parking Warden’s testimony was that he volunteered and emphasised again and again the information that he was wearing his white gloves during the entire episode when no reference had been made as to whether he had, in fact, been wearing white gloves. After about ten such utterances, the penny dropped with me that the wearing of white gloves had some particular significance for him. Could it be that that he couldn’t issue tickets and other documentation unless he was wearing white gloves?
Rita
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I don't know.....but for various offences under Road Traffic Act
a Police Officer needs to be in "full uniform", there are various stated cases about what "full uniform" means and there is a general lack of knowledge amongst the public that a Police Officer does not need to wear a hat/helmet when issuing a ticket for instance. If I had a quid for every time some client has triumphantly announced this to me as his sole defence I would be a wealthy man. I honestly don't know whether a "civvy" needs to be in full uniform (white gloves et al) when in such a situation but I would doubt it.
Was this a Mag. Court your friend appeared in...as stated before
the Clerks run a tight ship and are very supportive of un-represented defendants..!(after all most of them are qualified
lawyers)
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Keep your hat on!
It's all true!
news.bbc.co.uk/1/hi/england/2181052.stm
/Steve
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Pugugly -
My recollection is that the case was heard in Maidstone although she lived in Ashford. As the possible consequences in this instance were more serious than first anticipated perhaps it was the County Court although I am prepared to admit that my recollection may be faulty in this regard. It wasn't the first time that I was a friend in court with her so may be confused as to venue.
The denouement in the case was that another friend who was in the car at the time of the alleged incident was the one that whacked the Parking Warden which she admitted in court. As she weighed about 7 stone dressed the Court had difficulty believing that she had caused as much physical damage as claimed by the Parking Warden. As he had been adamant that my friend was the one that had hit him his case crumbled.
My friend had admitted during the hearing that there had been a certain amount of verbal exchanges but not the abusive bad language that had been attributed to her. As she told the Court "Loud mouthed I may be, foul mouthed never".
She lied, of course.
Rita
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