The police and my complain to them about Mercedes-Benz retail uk

[Carabosse]

its only the matter of finding a Judge who agrees with my submissions and the evidence presented. When they are issued, the Police will have to act this time.

Unfortunately it may not be quite as straightforward as you think.

If you get labeled a vexatious litigant, your legal route will be over.

Have you actually approached the media with your story?

 

[robertjrt]

You have my full and unbridled respect for standing up for yourself.
Too often people are full of smart arsed comments after the event and my personal favourite move on.
Occasionally it takes some one like you with dogged determination to change things for the rest of us.
It hasn't gone smoothly but that is often the way things go.
Keep your chin up.

Thank you. Its been quite surprising how many motorists I have meet who have had a the same type of experience to mine, except, the sums are much smaller.

They are usually around about £1,000. Would I have go through all this for a grand? Probably not. I would have paid then gone to the Small Claims Court as suggested previously. I would have had my car back and if the Court agreed I would get my money back and if not; well that's one life's lesson to remember.

But; £6,640!!!

 

[robertjrt]

Unfortunately it may not be quite as straightforward as you think.

If you get labeled a vexatious litigant, your legal route will be over.

Have you actually approached the media with your story?

I was declared a "Vexatious litigant" and had a two year Order served on me, however, that was for civil actions and it did not cover Criminal Law.

The media want the story all typed out so that they can run it past their lawyers, hence the need for a "ghost" writer. As you can see from this thread it is a long and complicated story with many strands involving two very large corporations, Mercedes-Benz and Mondial who have very deep pockets and their own legal teams.

I served a Witness Summons from the Court to appear before the Court on Mr X, and he did not turn up And then he did it again for another hearing!

 

[the director]

Crikey they are all coming out of the woodwork at the moment.. I have put up with redbarons snide and trolling comments for quite a while on here. Now I don't mind him trolling my comments, for little do I care.
But when someone posts a serious and life changing series of events then I don't think someone should belittle it, and the last thing any troll needs is feeding. Kinda, if you have nothing good to say , say nothing.

Ah, censorship is the way forward I see!

 

[Carabosse]

I was declared a "Vexatious litigant" and had a two year Order served on me, however, that was for civil actions and it did not cover Criminal Law.

The media want the story all typed out so that they can run it past their lawyers, hence the need for a "ghost" writer. As you can see from this thread it is a long and complicated story with many strands involving two very large corporations, Mercedes-Benz and Mondial who have very deep pockets and their own legal teams.

To the best of my knowledge, if the CPS decide not to take on a case that is the end of any hope for a public prosecution. The standard of proof is much higher in criminal law: "beyond reasonable doubt". Not "balance of probabilities" as in civil law.

Your only option is then a private prosecution? Do correct me if I am wrong - my experience is in civil, not criminal law.

The media wants sound bites. They will look more kindly on press release with the facts summarised on a maximum of a page of A4 (half page is better) with "Notes for Editors" appended. The notes can be as long as you wish but if you can keep them to 2-3 pages, it would be better.

Why not have a go yourself?

 

[robertjrt]

To the best of my knowledge, if the CPS decide not to take on a case that is the end of any hope for a public prosecution. The standard of proof is much higher in criminal law: "beyond reasonable doubt". Not "balance of probabilities" as in civil law.

Thanks for the advice, keep it short and to the point with "bullet points"; yes?

"if the CPS decides not to take a case that is the end of any hope for a private prosecution". True.

However the CPS did issued two Advice Notes to the Police for further information and the Police declined, therefore the CPS was not able to make a charging decision.(ex parte Blackburn, again)

I think I will stay with applying for Arrest Warranty as when they are granted the Police will be obliged to arrest the named individuals and secure the evidence.

Then, hopefully, the CPS will have the evidence that they are looking for and they will be charged, all of them. Well, that's the plan for this year.

If they are charged and go before a Judge and Jury and found guilty, my book will be ready.

If found Not Guilty, it will still make a very good story.

Plan B

 

[TheBluetac]

You have my full and unbridled respect for standing up for yourself.
Too often people are full of smart arsed comments after the event and my personal favourite move on.
Occasionally it takes some one like you with dogged determination to change things for the rest of us.
It hasn't gone smoothly but that is often the way things go.
Keep your chin up.

I totally agree, but where I despair is that 'Joe Bloggs" often has a Rose tinted view of the courts and the law of the land.

People who go to court to get Justice often come away completely empty handed I hate to say. The Judges and vultures and scourge of our society today - that are loosely known as the legal profession are there to do a job for money - in an old boys club. They do not let the rights or wrongs get in the way of THAT job and certainly don't pander to Justice.

Courts are there to hammer decent people and let the scum and big business carry on regardless.

 

[Carabosse]

I think I will stay with applying for Arrest Warranty as when they are granted the Police will be obliged to arrest the named individuals and secure the evidence.

Then, hopefully, the CPS will have the evidence that they are looking for and they will be charged, all of them. Well, that's the plan for this year.

If they are charged and go before a Judge and Jury and found guilty, my book will be ready.

If found Not Guilty, it will still make a very good story.

Have you actually laid an information before a JP to try and get an arrest warrant issued?

If so, what was the result?

 

[Xtractorfan]

Ah, censorship is the way forward I see!

Absolutely not..I would always allow the fool to shout from the back of the crowd.
Still this is taking away from the more serious postings of the members who have shown an interest in this thread.

 

[d215yq]

AFAIK the CPS has to make a decision not just on rights and wrongs and evidence but also on whether there is public interest in pursuing a prosecution.

Much as I feel for you I can't see how it is in the public's interest to start prosecuting people who almost certainly no longer work for the dealership in question about potential lieing/covering up something so long ago.

Much as this has obviously been and is a big deal for you, in the grand scheme of things it isn't. The case highlights why one shouldn't go to a dealer (unlikely any indie would have such funds available for suing their customers if even if they wanted to which is unlikely) and surely the best "justice" you can practically receive now is to spread this word as much as possible and let the remaining things rest?

 

[exjag]

AFAIK the CPS has to make a decision not just on rights and wrongs and evidence but also on whether there is public interest in pursuing a prosecution.

And also: "There must be enough evidence to provide a 'realistic prospect of conviction' against the defendant. A realistic prospect of conviction is an objective test. It means that a jury or bench of magistrates, or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the alleged charge. This is a different test from the one that the criminal courts must apply. Magistrates or a jury should only convict the defendant if they are sure that he or she is guilty."

 

[robertjrt]

Have you actually laid an information before a JP to try and get an arrest warrant issued?

If so, what was the result?

I have previously applied to the Crown Court, yes.

I was not successful as, as always, what it tells you in the "book" in not quite how it works out in real life. I have learnt from my experience and will, hopefully, do it right this time.

I have asked the Police for my documents back in preparation for the application and a quote from my legal team for the cost of them appearing for me, one solicitor and one Barrister should give me a good chance of persuading the Judge to issue the Warrants.

It would be nice to have a QC from Doughty Street Chambers, Kier Starmer QC would do nicely, but, I think he will be to expensive for me, but you never know until you ask. The last time I went to a conference at DSC it was not as expensive as I had anticipated.

Its only money:lol:

 

[robertjrt]

AFAIK the CPS has to make a decision not just on rights and wrongs and evidence but also on whether there is public interest in pursuing a prosecution.

Much as I feel for you I can't see how it is in the public's interest to start prosecuting people who almost certainly no longer work for the dealership in question about potential lieing/covering up something so long ago.

Ahh, As far as I am aware, five of them are still at their posts, one has just left and another is not far away and those are the one's I know about; who knows how many more knew?

I would argue that it is in the Public interest, but, that is the province of the CPS who cannot make that decision because the police will not provide the information that the CPS need.

 

[Carabosse]

Sounds like you are prepared to throw a lot more money at this.

Oh well, at least you don't have car depreciation to worry about these days. Lol!

 

[Teflon]

Just an aside about getting people up in the dock for trying to mislead a court...............

I had a six year legal battle that involved a key witness for the defence testifying it was all my fault, on the basis of him having recovered some evidence from nearby the scene and relocated it closer to the action. However, he had not actually arrived before someone else had photographed the evidence in it's right and proper place, two hours before our hero pitched up. The presence of two police officers in the photos established the timeline. We found this out about a month before trial, and only because the defence lawyer had been dim enough to search out the (supposedly lost) photos and try to mis-interpret them as part of their very convoluted defence story. The photos were even incorporated into our hero's witness statement, with the evidence just staring out for everyone to see.

Game, set and match, we turned up at court in a state of high confidence for a four day trial. I instructed my QC (via my lawyer of course,) that when we won I wanted the false testimony to be brought to light and steps taken to do him for perjury. The advice given was that the judge would comment somewhere along the lines of, "It is clear that Mr X has had great difficulty remembering the precise sequence of events and cannot be relied upon as a witness in this case". There would be little to zero chance of any prosecution unless it was he himself who was the claimant, falsely trying to enrich himself ( in the style of Aitkin and Archer).

In the end, they capitulated at the door of the court, after we'd kept his Lordship waiting over an hour while putting their feet to the fire in negotiations. So I never got to enjoy seeing Mr X slow roasted under cross examination.

I'm surprised you were not given similar advice before your first foray to the Corwn Court. But nevertheless do feel your pain.


.

 

[robertjrt]

Just an aside about getting people up in the dock for trying to mislead a court...............

I'm surprised you were not given similar advice before your first foray to the Crown Court. But nevertheless do feel your pain.
.

It that hindsight again.

As I had written, it did not happen as per "the book" and I had had enough experience of Court's by then to realise the next time I went back to ask, I
needed to Instruct a specialist lawyer.

 

[robertjrt]

Sounds like you are prepared to throw a lot more money at this.

Oh well, at least you don't have car depreciation to worry about these days. Lol!

Its not as expensive as being married