Legal advice, from a court?

by itheman Thu Feb 14, 2019 10:45 pm

Could this be considered as legal advice?
"Please advise Mr XXXXXXX to seek independent legal advice as to how to appeal the decision made by the magistrates’ court.

Are the courts allowed to offer legal advice?...they always state that they cannot.

cheers

by **assassin** Fri Feb 15, 2019 2:20 am

No, they are not.

Court clerks can offer legal advice and should actually act for the accused, but they are well paid and would rather keep their jobs than do what they actually should do.

by itheman Sat Feb 16, 2019 2:54 pm

Hi assassin,

That was from the Case Preparation.

Would that be classed as legal advise?
Could it go in our favor? i assume not as the judge is most likely to be corrupt!

by **assassin** Sun Feb 17, 2019 2:01 am

It actually depends on who gave the advice.

by itheman Sun Feb 17, 2019 10:23 am

Khalid sent the advice but didn't create or write it

Dear Khalid,

Please advise Mr Xxxxxxxx to seek independent legal advice as to how to appeal the decision made by the magistrates’ court. There are no grounds to warrant the matter being re-listed back in the magistrates’ court.

Good Afternoon,
Please can you assist with the below.
Regards,

Khalid Mahmood | Case Preparation | Phone:0121 212 6336 | Email:Khalid.Mahmood3@justice.gov.uk |
Birmingham Magistrates Court | Victoria Law Courts | Corporation Street | Birmingham | B4 6QA |

I am not authorised to bind the Ministry of Justice contractually, nor to make representations or other statements which may bind the Ministry of Justice in any way via electronic means.

by **assassin** Mon Feb 18, 2019 6:36 pm

It would appear that you have been charged, and found guilty by a magistrates court which isn't actually a court, its a private company called HMCTS and based in Leek, Staffordshire the last time I looked them up, they also run the Crown courts as they are part of their company.

Note the wording: "I am not authorised to bind the Ministry of Justice" so who is he working for? its another sleight of hand tactic as he doesn't work for the Ministry of Justice, he works for HMCTS.

by itheman Wed Feb 20, 2019 11:02 pm

Hi assassin, so question begs...is the only way that these courts can hold any authority is by consent?

Joinder...does that even come into it here?

so we're going to set a ltd up, put a sign up on a street saying "to enter will cost £30. ANPR is active" so we can bill anyone who passes through! If they don't pay we print a liability order and send it + costs etc via mags..?

therefore if any other corporate body (inc council, police etc) issues a charge because they can't answer the questions asked to prove their claim and it goes to mags...where do we stand?

and is it the same with county court?

by **assassin** Thu Feb 21, 2019 1:31 am

Correct, if you do not consent then they have numerous ways of tricking you into consent and some are very subtle.

Consent gives joinder, no consent then no joinder.

To do that you would have to be the land owner or have perceived authority to act for the owner, councils are supposed to be councils of the people as we are governed by consent and they allegedly have the authority to act for the people within their jurisdiction and are supposed to. If the road is adopted then it remains the peoples road and the council accept the benefits and the liabilities for it. Liabilities are cleaning it, pruning obstructions, and repairing or resurfacing it.

Magistrates and crown courts are all part of HMCTS along with the tribunals service and this is a private company; county courts operate in a different jurisdiction and this is that of lawful whereas mags and crown courts operate in legal.

by itheman Sat Feb 23, 2019 4:04 pm

so considering that we the people own the roads/land (God given) as tax payers/vehicle tax payers, then we set up
The Peoples Roads Plc, charge the road users for using the roads and give them a share of the profits every 12 months! Hmmm bit like things should have been before privatisation.

going back to the matter in hand,
There has been no communication either way but feel that a reply must be given as theirs is last communication end Jan.

thinking along the lines:

Dear Khalid,

It is my wish to know/I require you tell me:
1. Who has offered me this legal advice?
2. In what capacity are they offering this legal advice?
3. What company do they work for?
4. What is their position within this company?
5. Where do they get their authority to offer legal advice?
a. the Company/Corporation
b. the Person

I wish to settle this matter, in order to do so I require the following:

1. That you tell me who the claimant is.

2. A copy of the sworn statement by the (Authorised Assistant to the) Justices' Clerk.
a, Proof of the debt, evidence that the claimant has paid out funds.
b, Accounts showing all payments hitherto made by the claimant on this matter.

3. That the Clerk who issued the liability orders provides me with their documentation to show they scrutinised the sworn statement provided by an employee of the claimant, in accordance with Justice Clerks Rules 2005 (S.I.2005 No.545).

4. That you tell me how a liability order can be made against a woman or man who is in full control of maintaining their property.

If all of the above requirements are not met within 14 days I demand that this case be dismissed.

SIGNED BY:

xxxxx of the xxxxx family

DATE: xxth February 2019

“This lawful notice adds to the Record Of The Parties”

Should i include the bailiff part?
I require that you cease further actions from any bailiff forthwith. Any persons who trespass will be discharged. NOTICE: REMOVAL OF IMPLIED RIGHT OF ACCESS to the property xxx xxxx as above.

How does that sound?...like the ravings of a mad man (or woman!) Smile

by itheman Sat Mar 02, 2019 1:13 pm

The reply to the their email has been posted here https://goodf.forumotion.com/t3294-liability-order-bailiff-called-cms-csa#21766

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