Legal advise required - Can anyone help?

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Postby 112-1077774096 » Mon Mar 10, 2008 4:08 am

Kharhaz wrote:
peewee wrote:
Kharhaz wrote:
peewee wrote:
Kharhaz wrote:
peewee wrote:
Kharhaz wrote:
peewee wrote:ok here is what you do, (but bare in mind I am going back a few years here).

when we used to give fixed pens for various things some people would write to the ticket office without making the payment initially, they would basically write their defence in a letter.  This would then be forwarded to the officer who gave you the ticket for him to reply to as to why he wants the ticket to stand.

sadly most are too busy to bother responding so generally the ticket is scrapped, however if he responds you will end up paying the ticket or choose to go to court, in court your defence is weak mate, the fact you are on a private car park is not that good, the magistrate will just ask if your car flew there and you were never on the road to get there, but then they can always produce cctv to show the plates on your car on the road.

So lets say he goes to court and is at fault, could he then sue the company who made the plates with the different font for the business they are in therefore making him a criminal?

no because its an invitation to treat and not an offer for sale. its contract law.

as an example the off licence, if they were offering to sell ale then the offer is open to children and therefore illegal, so its called an invitation to treat where the customer has to make an offer and the shopkeeper accepts the offer.

(this is from memory. no doubt someone will say its wrong)

So neil got these plates made from someone who shouldnt be doing them? Come on neil come clean !

no, they can be made for exhibitions etc, the manafacturer has no control over whether they are used on the road. just like guns can be made and bought legally, the manufacturer has no control if someone decides to use them illegally.

what you are saying is like cars should not be made because some people speed in them

But, to quote your example of the off licences they do have an element of control. Is it the case of its just easier to punish the recipient rather than the distributor?

no mate because they are only illegal in certain circumstances. at trade shows etc they are fine,.its only when used on a public road they are illegal, its up to the user and not the supplier as to how they are used.

the road traffic act does include 'use, cause and permit' to cover third part offences, as an example, if you let someone use your car and you know they have no insurance then you are also guilty of permitting the use of your car for an illegal purpose, however in the case here with the plate they are not liable in any way as they don't know how the plates will be used, it is up to the individual in this matter to know the RTA and not use them on the road

So in a way its like if I backed up my dvds and I lent one of my backups to my brother but he decided to copy it and sell the copies, I wouldnt be at fault here for providing him with the source?

you would only be at fault if you knew what he was doing with the dvd, it depends on your intention.

let me give you another example, B&Q sell you a hammer, its not illegal, even if you then decide to use the hammer to kill someone B&Q have done no wrong. If however you go to B&Q and tell them you want the hammer to use as a weapon to kill someone then they can be at fault.
112-1077774096
 

Postby Kharhaz » Mon Mar 10, 2008 4:17 am

you would only be at fault if you knew what he was doing with the dvd, it depends on your intention.

let me give you another example, B&Q sell you a hammer, its not illegal, even if you then decide to use the hammer to kill someone B&Q have done no wrong. If however you go to B&Q and tell them you want the hammer to use as a weapon to kill someone then they can be at fault.


Thats true but the be all and end all is what niftyneil did is nothing compared to what else is going on so there is no real excuse. He was punished for a nothing offence and like what we have discussed, hell there are even adverts on bbc about piracy ! what he did was nothing. But as is constantly the case its the nothing offences that are punished.
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Postby 112-1077774096 » Mon Mar 10, 2008 5:38 am

Kharhaz wrote:
you would only be at fault if you knew what he was doing with the dvd, it depends on your intention.

let me give you another example, B&Q sell you a hammer, its not illegal, even if you then decide to use the hammer to kill someone B&Q have done no wrong. If however you go to B&Q and tell them you want the hammer to use as a weapon to kill someone then they can be at fault.


Thats true but the be all and end all is what niftyneil did is nothing compared to what else is going on so there is no real excuse. He was punished for a nothing offence and like what we have discussed, hell there are even adverts on bbc about piracy ! what he did was nothing. But as is constantly the case its the nothing offences that are punished.

no offence is a nothing offence mate or there would be no need for it to be an offence,

I was constantly asked by idiots "have you got nothing better to do'? the answer was always "no, because my time is spent dealing with idiots who can not abide by the simplest of laws". it is time consuming but while the public choose to break even the simplest of laws then they need to be dealt with,

where do you draw the line mate at what laws to ignore, very soon it will be another law that you ask to be ignored.
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Postby dawson99 » Mon Mar 10, 2008 8:49 am

yeah! and stop downloading movies!!!!  :rasp
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Postby 112-1077774096 » Mon Mar 10, 2008 9:29 am

dawson99 wrote:yeah! and stop downloading movies!!!!  :rasp

how dare you, I have never downloaded a movie in my life     :angry:



























I buy the copy DVD for 100 baht     :D
112-1077774096
 

Postby Judge » Mon Mar 10, 2008 9:49 am

peewee wrote:
Kharhaz wrote:
peewee wrote:
Kharhaz wrote:
peewee wrote:ok here is what you do, (but bare in mind I am going back a few years here).

when we used to give fixed pens for various things some people would write to the ticket office without making the payment initially, they would basically write their defence in a letter.  This would then be forwarded to the officer who gave you the ticket for him to reply to as to why he wants the ticket to stand.

sadly most are too busy to bother responding so generally the ticket is scrapped, however if he responds you will end up paying the ticket or choose to go to court, in court your defence is weak mate, the fact you are on a private car park is not that good, the magistrate will just ask if your car flew there and you were never on the road to get there, but then they can always produce cctv to show the plates on your car on the road.

So lets say he goes to court and is at fault, could he then sue the company who made the plates with the different font for the business they are in therefore making him a criminal?

no because its an invitation to treat and not an offer for sale. its contract law.

as an example the off licence, if they were offering to sell ale then the offer is open to children and therefore illegal, so its called an invitation to treat where the customer has to make an offer and the shopkeeper accepts the offer.

(this is from memory. no doubt someone will say its wrong)

So neil got these plates made from someone who shouldnt be doing them? Come on neil come clean !

no, they can be made for exhibitions etc, the manafacturer has no control over whether they are used on the road. just like guns can be made and bought legally, the manufacturer has no control if someone decides to use them illegally.

what you are saying is like cars should not be made because some people speed in them

if thats the case, then all cars should have a 70 mph speed restriction on them, or perhaps they should get rid of gatso, in favour of a signal sent to the car that automatically reduces ones speed. in this day and age of bluetooth and hi-tech wireless technology, it would be the cheaper option, plus no one would get 3 points and 60 quid fine

i vote for that
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