by IamallthatIam » Thu Aug 27, 2009 7:40 pm
Lol thanks Mike , i am on the verge of drawing pictures for them all to make it easier
have a look at this one, please guys let me know if i have left out anything blatantly obvious
FAO STEPHEN WHALE
Justices’ Clerk’s Office
Dyfed Powys Magistrates’ Courts
The Old Vicarage
Picton Terrace
Carmarthen
SA31 1BJ
Date 26th August 2009
FAO Stephen Whale,
NOTICE OF DISHONOUR AND OPPORTUNITY TO CURE
I am writing in order to acknowledge your letter dated 24th August 2009, received by me on the morning of 26th August 2009 whereby you attempt to inform me that there is no relationship between the CARMARTHEN MAGISTRATES’ COURT and CARMARTHEN COUNTY COUNCIL. The contents therein are noted.
You also go on to state, “it does not seem that there are any other actions that I could possibly take on the basis of the remainder of your letter”.
Firstly, let me make it clear that my correspondence to you was in the form of a Notice which legally is something very different to a letter.
Furthermore, let me make clear the differences between the two.
A letter is legally defined as a dispatch or epistle; a written or printed message; a communication in writing from one person to another at a distance. In the imperial law of Rome “letter” or “epistle” was the name of the answer returned b the emperor to a question of law submitted to him by the magistrates.
A letter is a communication inclosed sealed, stamped, carried and delivered by private hand or courier or the postal service. A commission, patent, or written instrument containing or attesting the grant of some power, authority or right.
Let me make it very clear that I have attested you no such power, authority or right over me or the legal fiction for which I am authorised agent.
In comparison a Notice is something entirely different. A Notice assigns information as a result of observation, whether by the senses or the mind. It is the knowledge of the existence of a fact of state of affairs; the means of knowledge. Intelligence by whatever means communicated.
A notice is knowledge of the facts which would naturally lead an honest and prudent person to make inquiry, and does not necessarily mean knowledge of all the facts. In another sense, “Notice” means information, an advice, or written warning, in more or less formal shape, intended to apprise a person of some proceeding in which his interests are involved, or informing him of some fact which it is his right to know and the duty of the notifying party to communicate.
A person has notice of a fact if he knows the fact, has reason to know it, should know it, or has been given notification of it.
Notices may be either (1) statutory, i.e made so by legislative enactment: (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive.
My Notice to you was an actual notice.
An actual Notice has been legally defined as notice expressly and actually given, and actually given, and brought home to the party directly.
The term actual notice embraces two classes, express and implied. The former includes all knowledge of a degree above that which depends on collateral inference, or which imposes upon the party the further duty of inquiry while the latter imputes knowledge to the party because he is shown to be conscious of having the means of knowledge.
Given the definition above am I to conclude that the Customer Services Standards, as displayed in the foyer of CARMARTHEN MAGISTRATES’ COURT, which states “We will make sure any letter we send you deals fully with all matters raised, is signed personally and shows the name and contact details of the author.” refers only to letters received and NOT notices as your letter to me has NOT dealt with all matters raised at all, thus leaving you in dishonour and in default of the notice sent.
My notice expressly requested proofs of your claim against me and expressly requested that demands were carried out as well as implying acceptance of your claim should these conditions be met. Failure on your part to act as requested has determined a breach leaving you in default and dishonour. As a matter of courtesy I am now providing you with an opportunity to cure this transgression and present remedy.
It is also to be noted that an additional occurrence of dishonour caused injury to me when I attended your place of business, under my own terms and conditions, in response to your superfluous invite.
Not only did you compel and inflict unwarranted and unjust services upon me, to which I did not consent, you purposely and wilfully delayed deliberation without excuse or explanation for nearly two hours of my time, which is chargeable.
You also allotted an intentionally facetious and wholly inappropriate time for deliberation i.e. at time when the courts are closed for lunch, on this occasion this would mean between the hours of 1pm and 2pm. It is concluded that the intent behind the invite being timed for 1:30pm was either frivolous or vexatious.
Rectification of your dishonour is sought by way of complete revocation of that fraudulent order passed, again chargeable as notified – invoice enclosed.
Remedy is expected to be notified by return and, no later that 3days, as this is the only action that could possibly return you to honour which in turn will result in the waiving of all charges accrued. Failure, on the other hand, to provide resolution to this matter will cause all charges to become due with immediate effect along with additional penalties that I deem appropriate. NON payment will generate further fines that will be enforced via non judicial means and other processes as I see fit.
In honour, and without malice, vexation or frivolity
Simon: of the Elder family, as commonly called
WITHOUT PREJUDICE
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
I DO NOT offer legal advice
- "I just say what I say because everyone is entitled to my opinion!" -
- Saffi Elder (Aged 7)-