Magistrates Court Rips Up The Common Law

[eileen]

Oooh. Horrible faux pas.

Looking for a latest posting, I realise that I wrongly thanked Mog in my last post. My thanks should have been specifically directed to Dreadlock. My apologies, Dreadlock. Sorry about that.

While I'm posting can I ask if there is a web page or site where I can bone up on this different approach you have introduced me to? Unfortunately, I'm even more confused now than I was before. I sometimes have great difficulty trying to fully understand some of the materials the Freeman has to contend with and use effectively. Holding it all in the head at the same time often gives me a headache.

Does anyone else have this problem or is it just me?

Cheers for now.

[Dreadlock]

You don't need a solicitor to appeal but I think some legal advice from a professional would help you, especially if this is the first time you have been in this situation.
It is important to know all the processes that need to be undertaken and while you can learn this by yourself, it is jumping in at the deep end.

You are right, barristers are generally hired by solicitors on behalf of their client, so unless you know one on a personal level you won't have access to their advice unless you spend muchos ££.

Veronica's technique seems to be to take on the court and while he is correct in pointing out that the courts themselves are corrupt and unlawful, with judges and magistrates breaking their oaths, taking them on is futile for the average person.

Besides, the courts are not the real enemy the Crown is - they are the ones prosecuting you. It is far easier to take on the Crown by challenging them to provide evidence for their claim, than it is to take on the entire legal system. Furthermore, you will meet much less resistance from the courts using this approach as you are not challenging them directly (the £700 fine was clearly punishment for the letters you sent them, rather than merely for a speeding ticket) and they will have no choice but to find in your favour if the Crown's claim fails.

I recommend this video for a good overview of what is happening in a magistrates court.

http://www.youtube.com/watch?v=mK6matfk0jc&feature=relmfu

[eileen]

Hi Dreadlock.

That tells me much more. Many thanks. I hope to get time to watch the video tonight and learn how to do what I need.

I received more correspondence from the court at lunchtime today (completely ignoring mine, as usual) threatening bailiffs if I don't give them 'full disclosure' of means etc., so things are hotting up drastically. I've got a hell of a lot on my plate right now and can't cope with everything as it is. I fear I may fail in this by default, i.e., lack of time and being so ground down that I can't cope. That would be a bad, bad trauma.

Can I recap to be certain I know what I'm supposed to do please? Do you think I should see a solicitor immediately? Will I be able to appeal now that they passed 'judgment' a month ago on September 3? Do you mean I should use the solicitor to make the appeal, e.g., fill out the forms and so on and yet go to court and defend myself? I don't know whether I can afford a solicitor to do the whole thing. Also what occurs, is that any solicitor I approach may not want to take it on because of the 'controversial nature' of the case. Also, I'm suspicious that they will have insufficient knowledge to fight it through properly. Should I show them all my correspondence with the court and perhaps chosen extracts (with your permission, of course) of your postings? I'm not certain right now that I can explain all that clearly what it's all about. Bit wobbly, etc..

Do you know of a London solicitor or a barrister you could recommend that I can approach but not too big bucks or muchos ££ though?

I'd love to know how you became so expert in all this. Do you live anywhere near London and could we meet up sometime? I'd need to bring my other half.

Muchos thanks so much again.

[Dreadlock]

Hi Eileen,

I'd really see a solicitor ASAP if I were you and get an appeal going. Either get them to explain the process to you and do it all yourself or get them to do it. Depends on how much money you have and how confident you feel about
handling it all yourself. I would represent myself in court, but again, it is your choice. If you intend to represent yourself I see no need to give a solicitor all the correspondence that has taken place, otherwise it is best that your representative is aware of everything that has taken place.

I don't think extracts of my postings or anyone elses will help much, after all we are hardly "authorities" with letters and such after our names Furthermore, it is best that you fully understand what is taking place and are able to explain it to someone else yourself. If you go to a solicitor and say "This anonymous person on this forum says this..." how do you think they will react?

Unfortunately I don't live in London so I can't help with solicitors/barristers etc.

I am not an expert! I just do a bit of reading and listen to people who know more than I do.. I've picked a bit up over the years.

[eileen]

Hi Dreadlock.

Thanks for that. I'll start phoning solicitors from later today and see who I can turn up. I'm about to settle down and watch the Dean Clifford video you have so kindly recommended.

The one thing that still doesn't quite add up to me though is saying that I wasn't using my driver's licence on that particular day, so the Crown had no jurisdiction over my travel on the highways where I was driving as I saw fit. I know you tried to explain in an earlier post but have we truly got such a right?

For some reason, it doesn't seem to make sense that I can 'choose' whether or not I was using my licence. It seems to me that I've either got a licence or I haven't. So how is it I can suddenly choose to suspend whether I'm using it or not? It also seems very likely to me that if I say that to a solicitor they'll laugh their blinking head off. Embarrassing!

"What!!!? You want to appeal against the Crown," s/he'll say, "because, well, you were driving all right but you weren't USING your licence on that day? Ha ha ha ha." s/he'll say, falling about giggling. "Oh, so you just got off the last slow boat from the land of Oz! Is that what you're saying? You know, the one that set sail in 1080?" And then, when they pick themselves up from the floor: "This is 2012, dear! Didn't anyone ever tell you, you can't drive on the roads without a driver's licence? Hee hee heeee. I love it!" "Ha ha haaa. Got any more like that?"

Sorry about the little dramatisation of my negative fantasy. Could you help me some more on this one please?

My thanks again, Dreadlock. You're one of the good guys all right! Oh and wish me luck...

Cheers for now.

PS. Oooh. This is a strong learning curve for me. I hope other freemen on the forum are feeling the benefit of it a bit better than I am at the moment. I just feel totally worried sick.

[frogmanbrabs]

Eileen I had the same thing happen last year and it is very simple to deal with. Firstly once they have sent you the charge notice you need to reply with a conditional offer of acceptance allowing 7 days for a reply. When the 7 days has passed and no reply has been received simply follow up the conditional offer with a Notice of Non Response and Permanent Irrevocable Lawful Estoppel by Acquiescence. This stops them dead in their tracks and means that they have no further recourse in a court of law. It's been 14 months now since I first used this method and I used it again in April of this year. As I write I have not had any further repercussions. Always send any mail recorded delivery and hold on to the receipts.

[Dreadlock]

If I have a fishing license which I use to fish along the banks of a river, does this mean that whenever I am at the bank of said river I am fishing?

What is a driver's license? It was introduced in 1944, but people were using the public highways for thousands of years before that...

Do the birds need a license to fly? Do the fish need a license to swim? Why do we need a license to use the public highways? We don't.

A "driver's license" is nothing more than permission from the government to use a vehicle when in their employ or performing a governmental function, as most people were in 1944 (WW2 of course).

I have a driver's license. I've never used it. I am no more always using my diver's license when using the public highways, than I am always fishing when standing next to a river. It is a presumption made by government.

If logic and common sense aren't enough, there is also this little nugget from the Act of Union 1707 (with Scotland).

"
IV. THAT all the Subjects of the United Kingdom of Great Britain shall, from and after the Union, have full Freedom and Intercourse of Trade and Navigation to and from any Port or Place within the said United Kingdom and the Dominions and Plantations thereunto belonging; and that there be a Communication of all other Rights Privileges, and Advantages, which do or may belong to the Subjects of each Kingdom; except where it is otherwise expressly agreed in these Articles.
"

Of course as we are no longer "subjects" for the most part - officially at least.

Good luck Eileen!

[Dreadlock]

Frogman is correct, but the notices need to be sent before the court hearing. This is why you need to appeal.

[eileen]

Eileen I had the same thing happen last year and it is very simple to deal with. Firstly once they have sent you the charge notice you need to reply with a conditional offer of acceptance allowing 7 days for a reply. When the 7 days has passed and no reply has been received simply follow up the conditional offer with a Notice of Non Response and Permanent Irrevocable Lawful Estoppel by Acquiescence. This stops them dead in their tracks and means that they have no further recourse in a court of law. It's been 14 months now since I first used this method and I used it again in April of this year. As I write I have not had any further repercussions. Always send any mail recorded delivery and hold on to the receipts.

Thanks for that Frogmanbrabs. I used that method a few times and it did work well but one of the recipients actually went as far as to answer the points raised. Anyway, I thought I would try Veronica's DebtBust templates which I thought were excellent. However, as you can see, I've now come to grief with them. My thanks also to Mog for your further comments. I am in the process of trying to appeal by I've come across a massive stumbling block.

Turning to your last, Dreadlock, as you recommended, I did see a solicitor late on Friday and spent about 20 mins with him. He was a very nice gent from (at a guess) somewhere in Africa. I told him I'd been done for speeding and he wanted to go into details, etc., but I told him it was a bit irrelevant because I'd already had a 'judgment'. I told him I wanted to appeal and he was of the opinion that I was too late to lodge an appeal unless I had a good excuse like illness. I told him that I am unwell and have various health conditions. He then wanted me to get a health report from my doctor. I haven't been to the doctor's for about ten years so I told him I didn't think it would be easy to get one. He was then of the opinion that the court would not allow me to appeal. Lovely!

"What speed were you traveling?", etc."Oh no, you won't get away with that." I told him that I'd not been sent a proper court judgment. There was no Magistrate's signature, only a notice of judgment with a printed name stating that it was from the Justices Clerk. "Oh well, the magistrate would have noted it down and the Justices Clerk would follow through and administrate the judgement."

I told him I had written many times questioning the courts jurisdiction. I was getting a bit hot under the collar with this bad news and told him that I was not obliged to accept a judgment from a corporation or a company with no authority under the common law. They have no more authority than your company has over me. If you were to say, I don't like the speed you were doing and I'm going to fine you, I'd laugh at you, wouldn't I?" I could see him starting to smile (almost cracking up) and thinking "who is this loony?"

Just as I already predicted he thought I was raving on about the law and so forth, so I asked him if he knew anything about the common law of this country and he sort of went a bit cross-eyed and avoided replying. I was getting a bit hacked off with his totally predictable (to me) behaviour, so I went for it to agg him up too. "I was driving without my licence on that day," I told him. He had to break eye contact at this point and looked at me horrified. "Driving without a licence?" he questioned, outraged. "Yep," say I. "That's means you were uninsured!"

"Doesn't matter!" I told him and said that under the common law, I was not obliged to use a driver's licence; that it was only brought in in 1994 during the war as they thought it necessary for Army and other Services personnel to have a licence to drive Government vehicles and act as a Government agent and that they had kept in on after the war and duped us all into believing that we had to have a licence to drive.

He was now arrested to the point of being quite intrigued and interested . I told him that I had been studying the common law for some little while and though I was not an expert, I had come across the Magna Carta and said that it guaranteed a right to all of us to travel the highways without hindrance or let and that no one should be prevented from traveling anywhere as they see fit. I also informed him that this was signed by King John in 1215 and it still stands today. The King had signed it in perpetuity, saying it could never be repealed and that even today it cannot be.

I said that there was also new laws from the eighteenth century during our Union with Scotland that backed this up. He was getting pretty interested but was still gobsmacked and giggly. Any old way up, the upshot was that he would fill out the forms for £200 but could not, in any way, guarantee that I would be offered an appeal. He stated categorically that he did not think it would be possible. He also said that the court would be examining 'my conduct'.

"My conduct? I am examining their conduct!" I protested. "My conduct has been exemplary," I said. "I have replied patiently to everything they have sent me. They on the other hand had never once deigned to respond to a single matter or question I raised. They had merely moved straight to judgment and are prepared to use the weight of their delusional power to drag other government authorities behind them to impose their 'judgment' upon me. Absolutely unlawfully!"

I told him that if I wouldn't be allowed an appeal, I would take up a private prosecution and seek a judicial review. Then, of course, his eyes started rolling over as he was calculating how much he could score from this nutter.

As you can imagine he was giggling and his eyes were going to ceiling at the same time. Very amusing but not too productive for me, eh what?

He said to me to think about it till Monday and he would help me fill the forms but did not think I would gain an appeal. So here I am - kippered!

Anybody got any ideas on what I should do now?

I've just had to renew my driver's licence and guess what? Yes, you got. Six points added. Lovely!

I'd also love to hear Veronica's comments on this too. Is anyone able to draw her attention to this lively exchange of posts and get her to say what she thinks is the way forward under these circumstances. I really want to fight it out with them but they seem to be holding all the right cards right now.

Thank you all so much for reading this post. Sorry in advance if it is rushed and a little frenetic. I don't want to dump it on anyone else but I'm trying to move home amongst other things and I'm feeling a lot of stress at the moment.

I'm very very grateful to you all for all the help I've received so far and hope I can get some more help before I finally crack up. Joke!

Cheers all for now.

[eileen]

Hi all once again.

I forgot to say that during my studies I'd always understood that a Freeman should never stoop to using the legal system to resist and should never appeal using the court's appeals system. This has stuck fast in my thinking, so I do hope I've got that right. Anyway, I've always returned the court's legal paperwork to them as inapplicable. Obviously, I've continued with this tack during this battle with the magistrate's court.

However, in this case, they have always ignored my letters of resistance and have never commented on anything I have told them. Again, I'd always understood that we have a right to have our questions and any other matters we raise, fully and properly addressed, or they fall into dishonour. Which again, I always believed was anathema to them. Well now, as far as I can understand it, the court is not only in dishonour but they don't care!

It would seem that they're thinking if they ignore you, you can't do anything. As during these posts I've been advised to appeal using court paperwork, I find that they don't have to allow that either. I have taken your points to heart Dreadlock, Mog, Frogmanbrabs and all you others who have kindly offered guidance. I have earnestly tried to give it a go but as you can see, no soap! Can any of you, or any other fmotl subscribers, answer this one for me? What I mean is, how can I be a Freeman if they can trump me by disallowing an appeal, however valid and lawful it may be?

I already demanded that the court set aside their void order and asked for information on setting up a judicial revue but yet again, that has been ignored too and they continue to threaten and have now awarded points on the licence. If they won't allow me the knowledge I need to move forward, how now can I continue to challenge them? Surely this is a gross abuse of the law that has to be put right?

Has anybody any ideas on this at all, please? I'm not going to be allowed to appeal, so how do I go forward to resist now? I mean, I can resist the bailiffs as some of Veronica's articles show but they have already said they will attach any income, pensions or benefits I may be receiving. Obviously, I will resist giving them any information but it seems to me that they can go directly to the DWP and get any information they want and instruct them to attach any pension. Similarly with the Job Centre and other benefits offices, just as they have already done with DVLA and the points. Do you think they have closed the net around us when we weren't looking?

I hope you can see the plight I face and look forward hopefully to more advice so I can continue to fight the good fight for us all.

Thanks.