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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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question 1 are civil rights the same in the uk where i am

Resolved Question:

question 1 are civil rights the same in the uk where i am the same as the us -please
question 2 in the uk we have to send the government a form telling them i motor vehicle is of the road even if its kept on private ground with on road tax on it an £80 fine is payable if they are not informed ,as the ofence of driving a vehicle on the road has not been committed ,dose it breach my rights to force me to make this decoration and then fine me for not doing so.as the vehicle is not kept or driven on the road no crime has been committed. i resent having to inform any one of my private affairs , surely am i not innocent till proven guilty ,yet i am forced to comply and pay the postage -regards -dave
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason why you think it would be a violation of your rights please?
Customer: replied 3 years ago.

y es i am being force to declare information about my property kept on my property which is nobody's business but mine forced ot pay postage to right letters or fill in forms i do not chose to or pay a £80 fine for not doing so. wheres my freedom of choice gone, in affect im being treated as a criminal without using any vehicle on the road without road tax, probably because others are ,but what they do should not affect my rights regards -Dave

Expert:  Jo C. replied 3 years ago.
It is the business of the state. They are entitled to know where vehicles are kept and who is the registered keeper for crime detection purposes and indeed compliance with things such as road tax.

In any event, the only HRA article that may apply is the right to privacy and there can be derogation from that for a good reason. Clearly there is a good reason here because the DVLA have to regulate compliance with road tax and enforce speeding fines and other contraventions.

Also, your HRA rights are not being interfered with. The regulation is not upon you per se. It is upon an action you are taking - the ownership of a vehicle - which is not a right but a privilege.

I'm really sorry but I do not think the HRA extends out to cover this for those reasons.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

jo the point i am making i am sure you are aware that concerns me is that the onus has been misplaced from the guilty using the vehicles on the road an placed also on the inercent people not doing so i always belived you were inercent till proven guilty of a crime , now you are made guilty buy doing nothing ,ie not paying the postage aand sending a form to the DVLA


IT Seams the government has rewritten the law with non regards XXXXX XXXXX rights ,to be fined for doing nothing is something i cant comprehend its just wrong -regards dave

Expert:  Jo C. replied 3 years ago.
Yes, I understand the point you are making.

I'm afraid it has no merit though. The DVLA are entitled to be told if you are the registered keeper of a car so that they can enforce the law. That is not a breach of the HRA.

On the point about being innocent until proven guilty, there are lots of instances of reverse burdens and that issue has been fairly heavily considered by Europe and the reversals have been held to be reasonable.
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Customer: replied 3 years ago.

jo i have a case coming up in less than two weeks with the HSA In county court so far my solicitor has not sent off legal aid forms nor found me a barrister he has had 3 months to do it ,woried now as its a serious matter could carry a custodial sentence ,i hope not , should i be contacting the Law society - dave

Expert:  Jo C. replied 3 years ago.
Why should it carry a custodial sentence?

Do you mean the county court?
Customer: replied 3 years ago.

yes county court we were summonsed a week before magistrates court and could not get an agerment so no time no choice but to go to county court .

Expert:  Jo C. replied 3 years ago.
It doesn't work like that normally.

What type of case is this?
Customer: replied 3 years ago.

it does here in Cornwall here pushing cases though the magistrates courts farst rather ruthless and not at all just

Expert:  Jo C. replied 3 years ago.
Oh, yes that is certainly true but it wouldn't transfer to the county normally.

What type of case is this?
Customer: replied 3 years ago.

gas work i believe the hse are out of there dept but now i dont have time to bring in experts to prove it im losing faith in the legal system

Expert:  Jo C. replied 3 years ago.
Ok.

But what is the offence?

What are you being sued for?
Customer: replied 3 years ago.

working on a gas AGA but we built the AGA But i dont do the gas work we pay some qualified they say difrent

Expert:  Jo C. replied 3 years ago.
Thanks,

What I need to know is

But what is the offence?

What are you being sued for?
Customer: replied 3 years ago.

3 folders full sorry jo all i wonted to now is should i be complaining by now as were nearly out of time

Expert:  Jo C. replied 3 years ago.
It depends really.

If you are describing a Magistrates Court matter under the HSAW legislation then the Judge will shout and scream about the absence of legal aid but he will grant an adjournment to allow it.

If you are describing a county court matter then thats not really my remit. A Magistrates Court matter is a criminal matter and cannot be prosecuted in the county court.

In terms of calling the law society, you can always make a complaint but that doesn't deal with the issue. In fairness, the CDS14 and 15 can be filled out in 30 mins and sent to the courts. Its not a complicated affair. The granting of legal aid might well take forever but the application is not complicated.
Customer: replied 3 years ago.

im notn sure u understand me i opted for county court to gain the time inow have lossed jo u surly know legal aid is always given in county court cases but i may have to pay something towards it the solicitor could not cope with the forms with there updates so i got to take them home i could not cope with them as im dislecisc so itook them back to them

Expert:  Jo C. replied 3 years ago.
Legal is not always given in the county court and you cannot opt for the county court from the magistrates court. Its completely impossible. They are two separate courts.
Customer: replied 3 years ago.

jo do i mean crown court then it the only one in the city center Truro in Cornwall

Expert:  Jo C. replied 3 years ago.
You do mean the Crown Court.

In fact, legal aid is not always granted there either but probably you will get it after several appeals. Probably the cause of delay is that you are working which always sends the legal aid officer into a panic.

The Judge won't take any action against you for this. You cannot do more than submit an application.
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