I'm new to this forum. I saw John Harris's 'It's an Illusion' video recently following a friend's recommendation and was blown away! I've been reading the news articles on this website since, and Barry Family's case RE Council Tax and the malpractice of the "authorities" involved made me question a recent court summons I received...
Anyway, here's my story. I hope someone can help offer some advice...
A police car recently followed me and randomly did a PNC check on me whilst I was driving through Exeter city centre late at night. I only bought the car in October 2009 from a mechanic, who had checked the car thoroughly and deemed that it was road worthy before selling it to me. I was faintly aware that the MOT had run out on it (on December 1st 09), but hadn't got round to renewing my MOT (entirely my fault, I must admit). I got pulled over, questioned in the back of the police car and got cautioned for driving without a valid MOT on my car.
(Having since watched John's video, perhaps I shouldn't have told the officer who I was, but I did. Out of interest, does anyone know if police can use refusing to give your name as a reason to search you? And if they do, and find a form of ID in your wallet, can they use that as joinder to identify you with?)
I've received a court summons for this offence the other day. I'm interested in fighting my case, as I resent the idea of having to pay a hefty fine and getting a criminal conviction for such a trivial matter (I feel no guilt or remorse morally speaking, as I know the car to be safe to drive).
I noticed the statement quoted below in the news article on this website about Norm & Steve's ( of the Family Barry) case with regards to Council tax:
"It must also be noted with urgency, that the signature on the summons, is the same as the signature on the Liability Orders – that of the CLERK TO THE JUSTICES – Not even BY the magistrate!!!"
Is it illegal or unlawful for a court summons not to be signed by a magistrate? My court summons has only T.A.M. SMITH printed on it (not even signed), with the title, Justice's Clerk printed below.
Another document that arrived in the envelope was entitled "Notice to Defendant: Proof Of Written Statement" and had written at the bottom of it
Address any reply to:-
Amanda Jayne DAVIES
Orange Team - Argal House
Peninsula Park Rydon Lane
and was signed (presumably by Amanda- it was a squwiggle) with the words (on behalf of the prosecutor) printed below.
Could she be the magistrate?!
If they haven't followed the correct procedure in terms of issuing me with the summons, does that strengthen my case?
On another note:
In the witness statement from the police constable, I noticed that he described my Vehicle as a "Blue Ford Escort". It is in fact a Vauxhall Astra. They refer to it as a Vauxhall under the Offences section of the sheet of paper entitled "Summons". In both references, they do list the correct registration number for the car.
Again, are such discrepencies relevant?
I'm debating whether to seek legal advise and try and fight my case, or whether I should just pleed guilty and accept the fine, points on my licence & criminal conviction that will most likely ensue.
Thanks for taking the time to read this,
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