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29-5-2014 4:55 pm  #1


Won

I won today at Dover Magistrates Court. Thank you N2D I sincerely could not have done this on my own.

Great respect to all who contribute and keep up the good work.

I will post details if/when the appeal period expires.

Time for a beer!!

 

29-5-2014 5:33 pm  #2


Re: Won

Great news, well done!

That is a monumental victory - to win at Dover. All credit to yourself.


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29-5-2014 6:14 pm  #3


Re: Won

As above well done normally Dover is a kangaroo court, you must have had good magistrates


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29-5-2014 6:19 pm  #4


Re: Won

Great news pal http://cdn.boardhost.com/emoticons/grin.png


I am Homer of Borg, resistance is.............hmmmm doughnuts http://i45.tinypic.com/24uxqug.png
 

29-5-2014 7:06 pm  #5


Re: Won

Big congrats..did you manage to get any costs awarded?

 

29-5-2014 8:03 pm  #6


Re: Won

Thanks for the thanks.

To answer a couple of the points raised. -mrc "you must have had good magistrates"

I don't know if they are good or bad. They listened to both sides and to be honest my side was the truth. Which is why I believe I won the case.

- davedog No costs awarded. I'm not concerned about that I'm just happy that my reputation is intact and that I can now travel freely without the worry of being on a list and branded as a smuggler.

We are free in this country we just need to stand up for our rights and when we make silly mistakes (as I did) own up to them and move on.

Regards

highlander

     Thread Starter
 

29-5-2014 11:56 pm  #7


Re: Won

fantastic news bet your well pleased http://cdn.boardhost.com/emoticons/smile.png

 

 

30-5-2014 7:27 am  #8


Re: Won

A win in Dover Magistrates Court is akin to The Monster Raving Looney Party winning the next General Election http://cdn.boardhost.com/emoticons/wink.png


Look forward to reading details after appeal period.


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30-5-2014 8:49 am  #9


Re: Won

nadger wrote:

A win in Dover Magistrates Court is akin to The Monster Raving Looney Party winning the next General Election http://cdn.boardhost.com/emoticons/wink.png


Look forward to reading details after appeal period.

or UKIP.


WELL DONE.
 


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Better to live one day as a lion than a thousand days as a sheep'

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30-5-2014 5:47 pm  #10


Re: Won

Congratulations. Hope we will see more winners. This website is this what innocent people need.


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17-6-2014 4:43 pm  #11


Re: Won

An appeal has been lodged. Personally I think they are mad. If I can win in a Magistrates Court what do they think will happen in a High Court.

     Thread Starter
 

17-6-2014 5:02 pm  #12


Re: Won

That's bad luck. May be they are arguing a point of law or not going to allow that quantity through without a fight. Message short cos Im in France big thumb on tiny keyboard!


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17-6-2014 5:10 pm  #13


Re: Won

This is the bit that surprises me that are not arguing a point of law. They have supplied four reasons for appeal all of them saying the Magistrates made an error. Maybe I should call the Magistrates as witnesses because I'm pretty sure that they will disagree. 

     Thread Starter
 

17-6-2014 6:56 pm  #14


Re: Won

what are the reasons if you don`t mind sharing them with us?

 


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17-6-2014 7:09 pm  #15


Re: Won

No I don't mind sharing this is now an official document. These are the reasons as written.

1. The Magistrates finding that the Contested Property was for personal use

and not condemned as forfeit had no, or no proper evidential basis and was therefore in error.

2. The Magistrates finding in relation to the plausibility of the Respondent's account and the factual issues had no, or proper, evidential basis and therefore in error.

3. The Magistrates finding that it was not proportional to sieze the vehicle had no, or proper evidential basis and therefore in error bearing in mind. the Respondent's misdeclaration, income versus expenditure ratio and the mixed brand Tobaccos.

4. The Magistrates erred in failing to order Forfieture of the Contested Property.

Orders Sought:

1. Condemnation of the Contested Property
2. The Appellants cost of bringing the Magistrates Court and Crown Court proceedings.

     Thread Starter
 

17-6-2014 8:15 pm  #16


Re: Won

Seems like you will have to go for it hope you get good result, I think you should fight for the costs when you win it.


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17-6-2014 8:49 pm  #17


Re: Won

I was prepared to swallow the costs of this farce and move on. Now the costs are on them. I have a full transcription of the case I wrote everything down. I know she  (the lawyer) didn't.

i caught the Officer out on major procedural errors. I also proved he was a LIAR. As for the council representing him she was shown up to be inadequate (I bet her parents are wishing they spent the money on her education on something else. Like a new house, because she is as dumb as a cabbage).

The Magistrates were not on my side they took the opportunities to analyse every discrepancy in my statement and the outcome was that the goods were for my own personal use. WHICH THEY WERE.

I don't blame the UKBF officer for doing his duty (even though I believe he went over the top). He has got a job to do, he was just a bit over keen on this occasion.

However when I win this AGAIN I will be pursuing costs as it is now getting ridiculous. I know the UKBF read this site, so good luck to them. Bring it on. I won't stop fighting for my civil liberties even on the off chance that they pull some trickery to try and make me look guilty. I will sue for persecution.

They are behaving like petulant children and perhaps this case will be the catalyst for change when they refocus on criminals and stop persecuting innocent people for going about their daily lives.

I still hurt for the pensioners they robbed as reported on this site.

So if anyone wants to get behind me when this goes to Crown court I will post the dates and all are welcome.

Support N2D and me.

     Thread Starter
 

17-6-2014 9:05 pm  #18


Re: Won

Highlander wrote:

No I don't mind sharing this is now an official document. These are the reasons as written.

1. The Magistrates finding that the Contested Property was for personal use

and not condemned as forfeit had no, or no proper evidential basis and was therefore in error.

2. The Magistrates finding in relation to the plausibility of the Respondent's account and the factual issues had no, or proper, evidential basis and therefore in error.

3. The Magistrates finding that it was not proportional to sieze the vehicle had no, or proper evidential basis and therefore in error bearing in mind. the Respondent's misdeclaration, income versus expenditure ratio and the mixed brand Tobaccos.

4. The Magistrates erred in failing to order Forfieture of the Contested Property.

Orders Sought:

1. Condemnation of the Contested Property
2. The Appellants cost of bringing the Magistrates Court and Crown Court proceedings.

Excuse me if I have a distorted view of the law but I am having trouble understanding the reasons for appeal.
1. "There was no evidential basis that the goods were for personal use". I thought the evidential burden was on them to prove they were not for personal use.
2. Once again is the evidential burden on them to prove your account is not factual and they obviously failed.
3. Same as 1 and 2 the burden of proof rests with them.
4. The magistrates found on the balance of probabilities as is required by law and you presented a more factual believable case to an unbiased magistrate.

My heart bleeds for them ,NOT

 

Last edited by bordershopper (17-6-2014 9:08 pm)


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17-6-2014 9:33 pm  #19


Re: Won

Me too. I thought the burden of proof was on them!
THREE Magistrates found that I was TELLING THE TRUTH.

Question to eveyone reading this. Can I call the Magistrates as witnesses? Now that would be an interesting court case!

     Thread Starter
 

17-6-2014 10:31 pm  #20


Re: Won

Basically when I think it comes down to it they are calling the Magistrates Liars. It kind of shows you their mind set. They don't like loseing.

However the law is the law and it doesn't matter how many people they employ (dumb or smart) they cannot change that fact that we citizens are allowed to travel freely throughout Europe without fear and we are permitted to purchase as much tobacco as we like (as long as it is for our own personal use).

Outside of that we can ignore the threats of bullies, who make assumptions based on previous experience. We (unfortunately) do need to put up with their stupidity, while they earn their over inflated salarys. After all we are paying them to protect us! 

I'm sure that at least one of them must have some kind of family.(Let's face it would you rob two old pensioners of their car even if they were a bit naughty and might have been trying to make a couple of quid on the side?) In there position I would have given them a severe
 warning and told them next time you are in trouble. If they did it again then I would kick there arse.

They have obviously been given instructions to come down hard on their own citizens and they are probably shouting right now for england to win the world cup. Except they don't believe in England!

 Lets win the british freedom to travel unhassled for TAX sake.

     Thread Starter
 

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