Case law

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Case law

Postby Ian Pedlar » Thu Jul 12, 2012 5:20 pm

I'm standing in court accused of 'not acting as a pedlar'

Your worships, the prosecution states case law as if it was real law as written down in legislation. I feel this is most unfair.

(the worships) Why do you think this?

Your worships in each case that I have read in these case law cases it was always that the defendant could not afford the approximately seventeen hundred pounds to be paid up front to a solicitor to be able to mount a decent and professional case and that the defendant found themselves defending their own case alone in front of a professional prosecution. Most unfair your worships and furthermore this so called case law is then enacted upon as though it was law.

If a professional prosecution stands pitted against a lone individual without the benefit of his or her own professional defense then I argue that the outcome of an inexperienced individual against a professional prosecution could be anything that the prosecution would like it to be. It is a very daunting experience for an uneducated in the law individual to be subjected to, and to have the outcome then written down in law is most unfair.

And here I am your worships, in exactly the same boat. I cannot afford seventeen hundred pounds up front for a legal representation. I am defending myself exactly as these other 'case law' persons have tried to do.

In such a case I think I must insist that we should only concentrate on what is written down in legislation and that it is not fair to consider case law.

I would firstly like to draw your attention to the definition of a pedlar as defined in the original pedlars act of 1871 ....
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Re: Case law

Postby Ian Pedlar » Thu Jul 12, 2012 5:32 pm

In my experience of the magistrates court after accidentally having too much to drink once and driving my car :oops: (many years ago).

The magistrates are actually a pretty decent bunch. Only interested in the truth. They may only be interested in a yes/no answer, 'is he guilty'

A well informed individual, well informed of the law surrounding pedlary, will be heard.

Take your time.

Don't allow yourself to be flustered.

Stick to the facts, 'this is how a pedlar is defined in the 1871 pedlars act' Is there other legislation that I should have been aware of? Is the prosecution saying that I should have moved? Where is that legislation? I never intended to break any laws, I am a person of good character and my pedlars certificate is proof. Show me the legislation that says that I should approach people instead of them approaching me, show me the legislation that says that I must move, show me the legislation that says that I may not use a wheeled vehicle. SHOW ME!

(but don't shout) :)
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Re: Case law

Postby markd » Thu Jul 26, 2012 7:54 am

Ian Pedlar wrote:In my experience of the magistrates court after accidentally having too much to drink once and driving my car :oops: (many years ago).

The magistrates are actually a pretty decent bunch. Only interested in the truth. They may only be interested in a yes/no answer, 'is he guilty'

A well informed individual, well informed of the law surrounding pedlary, will be heard.

Take your time.

Don't allow yourself to be flustered.

Stick to the facts, 'this is how a pedlar is defined in the 1871 pedlars act' Is there other legislation that I should have been aware of? Is the prosecution saying that I should have moved? Where is that legislation? I never intended to break any laws, I am a person of good character and my pedlars certificate is proof. Show me the legislation that says that I should approach people instead of them approaching me, show me the legislation that says that I must move, show me the legislation that says that I may not use a wheeled vehicle. SHOW ME!

(but don't shout) :)


Here you go; Yes there is other legislation you should be aware of, here is some of it.

Croydon v Burdon 2002

South Tyneside Metropolitan Council v Jackson 1997

Stevenage Borough Council V wright 1996.

Use of a wheeled vehicle is permitted, however it must be of a proportion which does not take it outside the scope of pedlary. It is your method of trading which is the key factor.

Case Law(Common Law) is used, in some instances, to interpret Acts of Parliament, to give more concise definition and to interpret meanings and points of law. Relying on the 1871 Act as is written, will result in fines and possible loss of your pedlars certificate. The defense of saying, " well i kept within the Pedlars Act 1871 and as far as im concerned ive done nothing wrong" wont do you much good in a court. More recent judgements have established that the way you were trading takes you outside the definition of a pedlar.

You cannot stand outside a shopping centre in one fixed spot for 30 minutes calling out to passersby to come to you and buy your goods. The law says you have established a fixed pitch which takes you outside the current definition (in law) of a pedlar.
If, through your actions, a court finds that you werent acting as a pedlar, then you are in danger of being fined and possibly having your certificate revoked.
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Re: Case law

Postby Ian Pedlar » Thu Jul 26, 2012 2:49 pm

Thanks Mark.

It is very important that we are well informed before we take to the streets and I thank you for your hard work in doing the research.
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