Shaun Wright-Phillips escapes jail because he doesn’t open his own post
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Does that mean if I outsource my mail I don't have to pay any bills that come in by post?0
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Unbelievable..........................0
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This is what an expensive lawyer can do for you.0
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Total Bullshit . How on earth can a court accept that poxy excuse ???0
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The courts are shit. They need a massive overhaul.0
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It's not the courts - it's the whole system. I'm willing to volunteer myself as an independent adjudicator. Clearly for cases such as this, where there is some legal loophole, my adjudication would take about four seconds - and that includes banging the gavel and signing my name. The Court of Leroy declares your previous judgement null and void, and finds you guilty of being a pisstaking rich c***. You are hereby fined 50% of your earnings for the next month, and made to donate it to a local hospital of your choice.0
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Amen to that Leroy.0
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Forgive me if I'm mistaken; but now this has been ruled - doesn't this set a precedent for future cases? Obviously this is working upon the assumption that this wont be overruled at a later date, but who is going to finance that? I can't see the CPS thinking it's a worthy cause.
Theoretically speaking then, if someone can now demonstrate that they were unaware of the contents of their mail, does that now mean that they can't be found liable for any consequences arising from the lack of action taken regarding the subject matter of the mail?
I'm quite surprised this doesn't land his agent in hot water though; given the status of mail (and, presumably court/legal documents) I would've thought this would pass some form of culpability on to the agent for not ensuring the documents found SWP.
His agent has, in essence, intercepted (albeit with permission) SWP's post - but not ensured it's found it's rightful owner. Surely there is some form of legal obligation to ensure that legal paperwork is passed on to the correct recipient?
Utterly ridiculous though.0 -
beyond belief. Would be interesting to see what the outcome would have been if you or I had tried that one on.0
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Hes better than shaun! Bwp is better at opening his own post an shaun ;-)0
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Shouldn't his agent be done for contempt, or something similar? As well as SWP getting the sentence he should have got. I wasn't aware that ignorance was a defence!! Would like to see any of us try it and get away with it.0
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His agent should be banned from driving then. I know that sounds stupid, but no more than whats has happened.
I take it that SWP ban starts again.0 -
Make up your mid LA. Only Auctioneers bang gavels. :-)Leroy Ambrose said:and that includes banging the gavel
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What happened to "Ignorance is no defence in the eys of the law"?0
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There's magistrates for you.
I always thought ignorance was no defence! (Although this was mitigation rather than defence.)0 -
Decisions of the lower courts don't create precedents.LuckyReds said:Forgive me if I'm mistaken; but now this has been ruled - doesn't this set a precedent for future cases? Obviously this is working upon the assumption that this wont be overruled at a later date, but who is going to finance that? I can't see the CPS thinking it's a worthy cause.
Theoretically speaking then, if someone can now demonstrate that they were unaware of the contents of their mail, does that now mean that they can't be found liable for any consequences arising from the lack of action taken regarding the subject matter of the mail?
I'm quite surprised this doesn't land his agent in hot water though; given the status of mail (and, presumably court/legal documents) I would've thought this would pass some form of culpability on to the agent for not ensuring the documents found SWP.
His agent has, in essence, intercepted (albeit with permission) SWP's post - but not ensured it's found it's rightful owner. Surely there is some form of legal obligation to ensure that legal paperwork is passed on to the correct recipient?
Utterly ridiculous though.0 -
No. There's a piece of legislation - Section 7 of The Interpretation Act 1978 which says:LuckyReds said:
Theoretically speaking then, if someone can now demonstrate that they were unaware of the contents of their mail, does that now mean that they can't be found liable for any consequences arising from the lack of action taken regarding the subject matter of the mail?
"Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."
I'd suggest the magistrate(s) in this case (remember it would have been SW-P who provided his agent's address as the contact point) were likely ignorant of this piece of legislation and neither the Clerk of The Court nor, of course, SW-P's brief (who, being a motoring specialist, would have been only too aware of it) bothered to bring it to the Mag's attention.0 -
Love him to come to us on loan0
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But he'd probably miss the game0
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I've heard it all now. Absolute bollocks.0
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Shouldn't the letter be sent to the address on the driving licence?cafcfan said:
I'd suggest the magistrate(s) in this case (remember it would have been SW-P who provided his agent's address as the contact point) were likely ignorant of this piece of legislation and neither the Clerk of The Court nor, of course, SW-P's brief (who, being a motoring specialist, would have been only too aware of it) bothered to bring it to the Mag's attention.LuckyReds said:
Theoretically speaking then, if someone can now demonstrate that they were unaware of the contents of their mail, does that now mean that they can't be found liable for any consequences arising from the lack of action taken regarding the subject matter of the mail?0 -
SCP wrote to him and asked if he fancied it. The bastard never even replied!I-SAW-POUSO-PLAY said:Love him to come to us on loan
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So, I'm not opening any of my post in future. The wife can open mine & I'll open her post.
I'm just dreamimg of all the new opportunities that have opened up :-)0 -
Possibly not. The original offence was speeding (presumably caught by a scamera). The NIP would have been sent to the address of the registered keeper of the Bentley. At that time, the actual driver of the car would have been unknown.guinnessaddick said:
Shouldn't the letter be sent to the address on the driving licence?cafcfan said:
I'd suggest the magistrate(s) in this case (remember it would have been SW-P who provided his agent's address as the contact point) were likely ignorant of this piece of legislation and neither the Clerk of The Court nor, of course, SW-P's brief (who, being a motoring specialist, would have been only too aware of it) bothered to bring it to the Mag's attention.LuckyReds said:
Theoretically speaking then, if someone can now demonstrate that they were unaware of the contents of their mail, does that now mean that they can't be found liable for any consequences arising from the lack of action taken regarding the subject matter of the mail?
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If SWP got banged up he would be wearing a dress within a day. Correct decision.0
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He may have his post referred to his agent by Royal Mail. That would, at least, provide some evidence for his claim although we don't know that for sure....still think it's an expensive loophole lawyer. Not to worry, he'll be banned next time around.cafcfan said:
Possibly not. The original offence was speeding (presumably caught by a scamera). The NIP would have been sent to the address of the registered keeper of the Bentley. At that time, the actual driver of the car would have been unknown.guinnessaddick said:
Shouldn't the letter be sent to the address on the driving licence?cafcfan said:
I'd suggest the magistrate(s) in this case (remember it would have been SW-P who provided his agent's address as the contact point) were likely ignorant of this piece of legislation and neither the Clerk of The Court nor, of course, SW-P's brief (who, being a motoring specialist, would have been only too aware of it) bothered to bring it to the Mag's attention.LuckyReds said:
Theoretically speaking then, if someone can now demonstrate that they were unaware of the contents of their mail, does that now mean that they can't be found liable for any consequences arising from the lack of action taken regarding the subject matter of the mail?
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It's a rich mans world.0
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Let's not forget there was another dodgy decision from the bench on a driving offence just the other day - Ray 'hic!' Wilkinsh, your worship.0
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A number of reminders went out, including one to the star’s home in Surrey. But he never saw any of them, the court heard.cafcfan said:
Possibly not. The original offence was speeding (presumably caught by a scamera). The NIP would have been sent to the address of the registered keeper of the Bentley. At that time, the actual driver of the car would have been unknown.guinnessaddick said:
Shouldn't the letter be sent to the address on the driving licence?cafcfan said:
I'd suggest the magistrate(s) in this case (remember it would have been SW-P who provided his agent's address as the contact point) were likely ignorant of this piece of legislation and neither the Clerk of The Court nor, of course, SW-P's brief (who, being a motoring specialist, would have been only too aware of it) bothered to bring it to the Mag's attention.LuckyReds said:
Theoretically speaking then, if someone can now demonstrate that they were unaware of the contents of their mail, does that now mean that they can't be found liable for any consequences arising from the lack of action taken regarding the subject matter of the mail?
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So one letter was sent to his home. Guilty m'lord.0 -
From now on I dont open my own post either.0
