To set the record straight

[Naughty Cal]

c,mon rachel you threw a wobbly and you had your a*se smacked , have you now got a criminal record or what , are you on the slippery slope .

Spin it any way you like you is now a BAD GIRL , cant believe you had the cheek to try for not guilty , as well as the offence you went on to waste public money that in itself should have meant you got the full costs of the case .

anyway just of to the boat four a few hours , practice me wave making. can i borrow your hoodie.

 

So you cant read either. I pleaded GUILTY to all offences and will have to pay court costs and BW costs on top of the fines. Do keep up.

 

The only slippery slope i have been on lately was the slipway at Burton Waters and i can say from experience that slope is very slippery

[Proper Job]

I'm not defending Phylis. She did what she did and has been dealt with by the full force of the law.

 

But, when will BW actually do something about boats that are driving without due care and attention even when they are below the speed limit.

 

On the Southern Oxford I doubt that many boats can actually do 4 mph without causing a breaking wash and damaging the banks.

 

Additionally, I couldn't help noticing at the weekend, the amount of damage that is being caused to the banks where mooring stakes are being pulled out of the ground by boats going past to fast.

 

Maybe a few of the BW staff who spend thier time collecting statistics on continious moorers could get out and about and take a few photographs of the 'surfers' and prosecute them.

[Naughty Cal]

Have you tried contacting those who have published inaccurate information ?

 

(I'd be pretty miffed if there was a press report that said I had been arrested when I had not.)

 

If so, what was their reaction ? I would have thought you could press for an apology and a correction.

 

I am pretty miffed but there does become a point where you think is it worth the effort.

[mayalld]

Could have been worse

 

Oh, it's bad enough.

 

For the next 5 years you have to declare it in any job application.

[Naughty Cal]

Oh, it's bad enough.

 

For the next 5 years you have to declare it in any job application.

 

Not planning on changing my job.

 

And speeding isnt exactly crime of the century (especially in a boat)

Edited August 24, 2009 by Phylis

[mayalld]

That was part of my defence however the judge still thought there was enough evidence to convict.

 

OK, there seems to be a degree of inconsistency in what you are saying here.

 

Here you talk about your defence, and the judge thinking that there was enough evidence to convict, yet elsewhere you have taken umbrage at claims that you pleaded not guilty.

 

If you had pleaded guilty, then there would be no question of the judge deciding whether there was enough evidence to convict!

 

So, which is it?

[Naughty Cal]

I pleaded GUILTY (as i have said over and over again) however submitted evidence to prove that the witness statements provided by BW where providing false information.

[mayalld]

I pleaded GUILTY (as i have said over and over again) however submitted evidence to prove that the witness statements provided by BW where providing false information.

 

But as you had entered a guilty plea, these were clearly not relevant, and a waste of the court's time.

[Naughty Cal]

But as you had entered a guilty plea, these were clearly not relevant, and a waste of the court's time.

 

Made me a saving of £68 so worth while for an hour or so of my time doing some research.

[RLWP]

But as you had entered a guilty plea, these were clearly not relevant, and a waste of the court's time.

It would appear that the judge has some discretion in the level of the fine, so this information would surely be highly relevant and explain the fact that the fines were £66 (Is that correct Phylis?) not £100. £100 is what is set in the BW bye-laws 1976.

 

Richard

[David Schweizer]

There are many inconsistences with all the reported stories.

 

1.- I was never arrested

2.- The fine amount is wrong in all reports

3.- All information has been made avaliable to all persons who have requested it

Not sure why you are whinging about this point. Unless you are in a excempted catagory, or your life is at risk if the informatioon is disclosed, all prosecutions and convictions are in the Public Domain. All you have to do is read the daily charge sheets which are posted in the Magistrates Court, and often printed in the Local Press.

 

I agree that publishing or issuing inacurate information is unforgiveable, but the Press rarely get all their information correct in the rush to be the first to publish. It is one of the less fortunate consequences of getting caught and charged for any offence.

[Naughty Cal]

It would appear that the judge has some discretion in the level of the fine, so this information would surely be highly relevant and explain the fact that the fines were £66 (Is that correct Phylis?) not £100. £100 is what is set in the BW bye-laws 1976.

 

Richard

 

Correct

[dor]

Didn't you actually admit, on this forum, that you had thrown a hissy fit and gone off speeding?

[Robbo]

Not planning on changing my job.

 

And speeding isnt exactly crime of the century (especially in a boat)

 

 

Is the conviction (as seen by law) the same as a road driving conviction of the same nature?

Edited August 24, 2009 by Robbo

[Naughty Cal]

Not sure why you are whinging about this point. Unless you are in a excempted catagory, or your life is at risk if the informatioon is disclosed, all prosecutions and convictions are in the Public Domain. All you have to do is read the daily charge sheets which are posted in the Magistrates Court, and often printed in the Local Press.

 

I agree that publishing or issuing inacurate information is unforgiveable, but the Press rarely get all their information correct in the rush to be the first to publish. It is one of the less fortunate consequences of getting caught and charged for any offence.

 

Not whinging. It was the way NBW insist they are doing the world a favour by printing my name when it is out there for all and sundry to read anyway.

 

You really would think i had commited a murder the way the local press have latched onto this one. The local rag want to speak to me about my side of the story (brought on because i rang this morning to complain about their inaccurate coverage).

[Allan(nb Albert)]

Have you tried contacting those who have published inaccurate information ?

 

(I'd be pretty miffed if there was a press report that said I had been arrested when I had not.)

 

If so, what was their reaction ? I would have thought you could press for an apology and a correction.

 

I am reminded of Bob Hope who many years ago stood on a stage in London and said that the hotel room he was staying in was so small that even the rats were round shouldered. As it was well known where he was staying the hotel management pressed him for an "apology and a correction". The following night he stood on the same stage, named the hotel, apologised and corrected himself by saying the rats in his hotel room were not round shouldered.

 

Why give the press more ammo?

[RLWP]

Not sure why you are whinging about this point. Unless you are in a excempted catagory, or your life is at risk if the informatioon is disclosed, all prosecutions and convictions are in the Public Domain. All you have to do is read the daily charge sheets which are posted in the Magistrates Court, and often printed in the Local Press.

 

I agree that publishing or issuing inacurate information is unforgiveable, but the Press rarely get all their information correct in the rush to be the first to publish. It is one of the less fortunate consequences of getting caught and charged for any offence.

 

I think the point here is the "Sword of Justice" stance that NBW are taking. They are making out that no-one was prepared to tell people who it was but their brave and intrepid reporters were prepared to "Name and Shame".

 

In reality all of the information was freely available in the public domain. Phyis was hiding nothing although NBW imply that she was.

 

Is that it?

 

Richard

[colin stone]

There seems to be a universal confusion between defence and mitigation - not helped by some of our rubbish laws having mitigation built into them eg the theft law.

 

In my limited experience on the Thames, the planing yogurt pots are often trying to overtake displacement vessels and break the speed limit of 5mph/8kph, creating a breaking wash. Indeed they often create a breaking wash when not exceeding the speed limit. They are no better than motor cycles on the roads.

[Naughty Cal]

I think the point here is the "Sword of Justice" stance that NBW are taking. They are making out that no-one was prepared to tell people who it was but their brave and intrepid reporters were prepared to "Name and Shame".

 

In reality all of the information was freely available in the public domain. Phyis was hiding nothing although NBW imply that she was.

 

Is that it?

 

Richard

 

Thats what i was getting at

[Robbo]

Didn't you actually admit, on this forum, that you had thrown a hissy fit and gone off speeding?

 

Whist not to defend Phylis, anyone who's been driving for some time would admit to doing the same at one point.

Edited August 24, 2009 by Robbo

[Naughty Cal]

Didn't you actually admit, on this forum, that you had thrown a hissy fit and gone off speeding?

 

I admitted to "setting off" across Brayford.

[woodenit]

I admitted to "setting off" across Brayford.

 

yeah but what was the arguement about with hubby?

[mayalld]

Made me a saving of £68 so worth while for an hour or so of my time doing some research.

 

So, you are actually talking about either mitigation, or a Newton hearing to determine the severity.

[Proper Job]

There seems to be a universal confusion between defence and mitigation - not helped by some of our rubbish laws having mitigation built into them eg the theft law.

 

In my limited experience on the Thames, the planing yogurt pots are often trying to overtake displacement vessels and break the speed limit of 5mph/8kph, creating a breaking wash. Indeed they often create a breaking wash when not exceeding the speed limit. They are no better than motor cycles on the roads.

What have motor cycles got to do with it! My motor cycle is way better than a floating Yogurt Pot

[mayalld]

Is the conviction (as seen by law) the same as a road driving conviction of the same nature?

 

Yes.

 

However, the issue is that should Phylis's employers ever realise that she does no work, she will have to declare it.

 

Most employers ask "Have you been convicted of any offence (other than a motoring offence) that is not 'spent' under the rehabilitation of offenders act".

 

Whilst it is of a similar standard to a motoring offence, it is not a motoring offence, and would have to be declared.

 

Oh, and it's goodbye to visa-free travel to the USA for life!