Haven't really posted for a while, but thought I'd post some info regarding my unregistered, untaxed boat on the norfolk broads, the ongoing dispute with the Broads Authority LTD, and some shady goings on at Gt Yarmouth Magistrates court.
In 2009, by a some stroke of fortune I came into the posession of a 23ft motor sailer on the Norfolk Broads, and set off with the intention of registering it like a car, paying tolls and such, spent a few months getting to know her, and then one Saturday afternoon in July of that year set off on what was to be an ill fated voyage to collect the mast and rigging from stalham.
Everything was going well, and I was on time to clear the bridge onto the river bure at GT yarmouth on the low tide, doing about 7-8mph producing negligable wash passing through Reedham on the river yare. Shortly after a patrol launch, carrying a couple of BA (Broads Authority navigation rangers) gave chase, coming alongside and requesting permission to board. Seeing no police on the patrol launch, I verbally denied permission, suggesting they post me a ticket, or return with the police.
They did neither, and the result was what turned out to be an unlawful boarding of my boat, whilst I was under way, resulting in a struggle ending in my suggesting to the navigation ranger that I'd f**king stab him if he was to attempt to re-enter my wheelhouse.
Following this I, the dog and the boat were towed into Reedham quayside to be greeted by a contingent of heavily armed police, who arrested me for the offences of Affrey, and Possession of an offensive weapon. I was interviewed, and bailed pending further enquiries after explaining my side of the story.
2 weeks later, I answered the bail and was charged with the offence of public order threatening behaviour, and bailed to Gt Yarmouth Mags.
During this time I was on license from prison, and in spite of my keeping the probation nazi's fully informed of the situation, once the charge was made they decided to initiate prison recall proceedings, which amounted to some police knocking on the door of the flat I was living in at 11pm, to be told I wasnt in by a friend who was over. Naturally being rather upset by this, I decided to leave the county immidiately, and wound up in Nottingham where a friend introduced me to the freeman concept.
It rapidly dawned on me that I'd not only been taken the p**s out of in relation to what happened on the boat, but that the whole probation/recall arrangement was just a money making scam, and was proberbly unlawful, as I was effectively having my bail revoked, and sent to prison, where I would be unable to access the information I needed to defend myself in the upcoming public order case, which carried a maximum prison term of weeks, not the 7 months I ultimately served for seemingly defending my property without causing injury loss or harm in the process.
Against my best instincts, I appeared at Gt Yarmouth mags, armed with some freeman knowledge and lots of papers hoping to sort the matter out, and go home to my dog. But in the event never got to have the court hearing, and was arrested in the waiting area and taken to the police station for return to prison, where I managed to get sectioned, then after 2 days in the loony bin, was dragged away by more police, and subjected to one of the most horrific experiences of my life at the now closed Bethel St Custody in Norwich.
I then spent 7 months on the healthcare wing of Norwich prison, where a significant amount of effort, and money was spent on phsyciatrists coming to disturb me, with the intention of having me moved to somewhere indefinately where they could medicate me against my will. Fortunately I was able to prevent this from happening.
A few months before my release in March 2010, I attended the trial for the public order offence (which almost went out of time) and was summerily convicted, in spite of the mags agreeing the BA guy had no right to be boarding me, and the clerk agreeing with my position regarding the by-laws and their applicability to my boat which was at the time, and still is unregistered with the BA. Because it seems the court could not condone the use of a knife under any circomstances. Which to me seems to imply that I should have just headbutted the guy instead, and it'd have been fine.
During the time of my incarceration, there was some communication with the BA by letter, where I pretty much spelled out my position, making clear that I certianly wasnt going to be doing business with them after loosing 7 months of my life as a result of their unlawful actions.
That round of communications concluded, with the broads authority stating that it "dis-agrees with my understanding of the law" and the notice of understanding I served them without explaining the basis for their dis-agreement, as I had done with my dis-agreement with them.
I thought that was the end of the matter, which an agreement to dis-agree being in place, and I got on with the task of getting over the phsycological damage being locked in a room for 7 months.
Then, in I believe may, possibly june 2011 I was approached whilst onboard by navigation ranger Steve Right, and explained the situation, this resulted in him affixing a notice of contravention to my boat against my expressed wishes, which was captured on video, and the subject of a piece on a friends youtube channel, and can be viewed here.http://www.youtube.com/watch?v=H6vZj7mL_kg
Following this, there were letters wrongly addressed to the person threatening court action, and then nothing, until late in Feburary a card came through the door, stating that somebody had posted somthing without paying the full postage, so I attached stamps to the card, and arrived a summons, stating that MR Smith was being taken to court for a boat he neither owns, nor is the registered keeper of, with less than a week for me to do somthing about it.
Below is a copy of the e-mail I sent to the Administrative court explaining what happened, requesting their assistance in remedying the fraud, that occoured in Gt Yarmouth Mags on 2nd March 2012
RE: Order issued at Gt Yarmouth Magistrates 2nd March
I am writing to request your assistance in relation to a void court order against MR T W Smith, of Trafalgar St in NoIrwich, a legal estate over which I preside as executor.
From what I can work out, as I am dealing with a void order issued by a lower court, who are refusing to set aside their own void order as they are empowered and obliged to do in compliance with (Lord Greene in Craig v Kanssen ),After my having drawn attention to the issue with Justice's Clerk Carrier. I would at this stage be requesting service from the Crown by way of issuing a writ to the Magistrates confirming their order as void, as opposed to appealing the matter. Which I believe to be the correct procedure in relation to void orders.
The outstanding matter is one of a debt of £527.26 generated on Friday 2nd March 2012 at Gt Yarmouth Magistrates, following a bungled case bought against MR Smith by the Broads Authority LTD in relation to my home, The motor-sailor "Maid of Clava" of which MR Smith has never been "registered keeper" or "owner".
I will as best I can outline below the events to date in relation to the matter, and my lawful position for your information.
I have been looking after the maid of clava since obtaining exclusive useage rights in June 2009.
In July 2009 I was first approached by representatives from the Broads Authority wishing to draw issue with the fact that I had not entered into a registration agreement with them.
After conducting some research into the nature of the organization, and the scope and applicability of its powers, and also the position in law regarding my obligations in relation to registering a small private boat I discovered that the only "law" stipulating that I must register my boat with the Broads authority, and pay river tolls to navigate upon tidal inland waters, were Broads Authority By-Laws.
After further research into By-Laws, I learned that there are seemingly two kinds of By-Law.
The First of these are By-Laws enacted by a democratically elected local authority, for example a city, or county council.
An example of such a by-law would be a penalty for PERSONS allowing their dog to foul the public foot way.
These By-Laws hold a degree of legitimacy as the authority that makes them is democratically elected by the people.
The second type of By-Laws are those enacted by corporations, which are only enforceable when there is in existence a contract/agreement between parties by mutual consent.
An example of a corporate By-Law that was recently in the news is that of Tesco Stores LTD stipulating that customers may not go shopping in their nightwear, or without a shirt.
Having read the relevant Acts of Parliment, it is quite clear that the Broads Authority were formed as, and exist as a "Body Corperate" which from my understanding means their By-Laws clearly fit the category of "Legislative rule of a corporation" as opposed to local authority By-Laws. Due to the fact that in spite of their name the Broads Authority are not a legitimate "local authority" as they have never held open and public elections.
Therefore on this basis, in absense of a signed agreement, the Broads Authority have in my view no business pursuing me,
or MR Smith, the private estate for payment of any kind.
This is the position I have held since 2009, and in Feburary 2010 the Broads Authority was served a Lawful notice of understanding outlining my position, which it failed to rationally dispute, proclaiming that "It dis-agrees" with my position without providing reasoning and argument to dispute my claim. They along with the police and courts also persist in confusing me, a Living Man, with the legal Estate MR T W Smith often tresspassing against me under the incorrect assumption that I'm an embodiment of a legal fiction.
After hearing nothing further from the Broads Authority, I took it that an agreement, to dis-agree had been reached, and gave no further thought to the matter.
Over a year later, I believe in July 2011 whilst onboard I was approached by a Navigation ranger Steve Wright, who made enquiries as to my identity, and the unregistered nature of the maid of clava, and the absense of a toll plauqe. I explained my position to MR Wright, and recorded the exchange with a videocamera. The result of this was MR Wright attempting to get a surname from me (somthing that I don't have) and quoted a repealled section of the Police and Criminal Evidence Act, seemingly attempting to impersonate a constable. The result of this was a Notice of Contravention being affixed to my boat which I hold as evidence, along with a video recording of the exchange on 26th May 2011.
Following this an entirely different Notice of Contravention, and demand that the Maid of Clava be registered was recieved at my mothers address, Addressed to MR Smith, and was passed to me to deal with. I returned it to the Broads Authority, with a covering letter re-iterating my position, and reminding them that I am not an embodiment of MR Smith.
This was followed by threats of court action if payment was not made.
Eventually a card was recieved from the Royal Mail, at Trafalgar St stating that somebody had put a letter in the post, without paying full postage. I dutifully affixed some stamps to the card, and eventually an envolope arrived containing a summons for a court case against MR Smith on 2nd March. Giving me less than a week to sort the matter out.
I immidiately sent a letter to the clerk of the court requiring a private meeting with him to sort the matter out however no reply was recieved. I also attempted to contact the acting solicitor for the broads authority, to discuss matters, however they were quite unhelpful, and unable to acknowledge that MR Smith does not own a boat, and certianly is not the registered keeper of, or liable for the maid of clava.
Therefore on 2nd March I sailed into Gt Yarmouth for the court hearing, where I was confronted by court staff seeking my agreement that I was an embodiment of a legal fiction, namely MR Smith, which I was unable to do, as I am not prepared to state facts to court officials which to the best of my knowledge I believe to be untrue.
Immidiately before the case was heard, attempts were made to prevent me entering the court room or public gallery. And when my witnesses arrived, it was stipulated that pens and paper were not permitted in the public gallery, making it impossible for my people to take a transcript of the case.
I explained to the justice's who I am, and explained that I was the man who had been communicating with the plaintiff since 2009. However the as yet unnamed justices refused to hear me, being advised by the clerk to proceed as if nobody turned up.
What followed was a mumbled presentation from the Broads Authority Solicitor that was barely audiable, and at no point was my lawful position examined, and it is plainly clear that neither the Clerk, or Justices took the time to read through the case bundle.
During the hearing MR Smith was incorrectly described as "The registered keeper of the veichle" which is a nonsense, as The maid of clava is not a veichle, and one of the issues raised in the bundle was the fact that MR Smith had not filled out the paperwork required to make him “Registered Keeper” of the boat in question.
No Pleas were entered, and the alleged debt was deemed proved, and a fine imposed, without juristiction being established, or witnesses being called. I feel that the manor in which this was handled was incorrect. With it being unclear whether or not the case was of a civil, or criminal nature. With “Summery offences” being referred to. If such a summery offence of 'Mooring a Vessel without paying a toll' does indeed exist. I believe that prosecutions for such a crime are still subject to the summery time bar's that exist for minor offences. And as such the matter from May 2011 was clearly out of time when first bought before the Magistrates on 2nd March 2012.
Upon receiving an unsigned notice of the court order, I wrote to David Carrier, cheif law officer of Norfolk, drawing his attention to what occoured, the reasoning and case law in relation to void orders. Drawing his attention to a leaked memo seemingly detailing procedures that ought to be adhered to when individuals such as myself present themselves to a court. Namely identifying and dealing with challenges to juristiction, and enabling those with an interest in the case to be heard, and evidence presented/explained.
He replied offering to have the case re-heard if I agree that I'm an embodiment of MR Smith, which is somthing I cannot do, and suggested the alternatives of the crown court appeal route, or a judicial review.
In reply to his letter I suggested that it might be best for the justice's to re-open the case to enable them to set aside their own void order, however today I recieved a letter stating that he is "Unable to deal with the matter as I suggest".
Following this I contacted the High Sheriff of the County detailing the matter, incorrectly believing that he was responsible for maintaining law and order in the county, and ensuring that the courts follow correct procedures.
I was advised by the Sheriff that I should take the matter back to the Magistrates, however they as documented are refusing to take the correct action, I Contacted HH Judge Jacobs at Norwich Crown, requesting his assistance by way of issuing a writ.
Today I recieved a reply from a T M Room, Crown court manager, indicating that from the contents of my letter, a judicial review would be the way to proceed, as it is my feeling that there has been numerous procedural error's in the management of the case. Which is plainly evident, as the written arguments between myself and the Broads Authority have as yet not been examined by a court, howevera fine and compensation order have seemingly been imposed.
Please can you pass this to somebody who can speak with me and help me through the process to resolve the matter.
I recieved an automated response stating that the e-mail had arrived, and would be dealt with and responded to within the usual timescales.
The usual timescales expired so I phoned the Administrative court, and was put through to a Ms O'neil who told me that she had no record of it on the system, and suggested I resend, which I did immidiately.
Once again, the usual timescales elapsed, and I phoned the court, was put through to Ms O'neil again, who after some wrangling admitted that she had seen the e-mail, and told me it had been replied to, and stated that the court didn't have the juristiction to resolve the matter, which I believe to be a fob off, since they refused to re-send it upon my request, and told me that they'd responded verbally on the phone.
More recently, whilst enjoying (ignoring) the jubilee celebrations in Gt Yarmouth on a wet sunday morning I was approaced by none other than the navigation ranger Steve Williams (Ex Navy) who was skippering the BA Launch that boarded me back in 2009 and a constable from the "Broads Beat", wishing to once again draw my attention to the unregistered nature of my boat, and the fact that its BCC had lapsed (somthing I'm in the process of sorting out privately between myself, and the boat safety guy for my own piece of mind). We had a discussion, and I was offered yet more notices of contravention which I respectfully declined, once again clearly explaining my position and what had thanspired thus far. This time they were happy to take their papers away with them.
So anyway, thanks for bearing with me, I'd say that is about where we're at. and as always I'm most grateful for feedback, or any support that might be on offer
Tom of the Maid of Clava
The truth is like a turd that wont flush, in the end it floats to the surface and smells terrible.