Page 660 - Driving Ban Simulation 1

vehicle — used a vehicle on the road. Once that is established it’s for the
defendant to prove there was a valid policy in force at the time. But the
slight grey area here is the — it’s the nature of the use that’s being
contested.
THE RECORDER: Yes. Thank you. Anything else?
MR POTTINGER: No.
THE RECORDER: Thank you. Although it’s after one o’clock, we’re going to rise and we’re
going to come back within the next five or ten minutes and deal with this
submission. I apologise to all those whose luncheon it will interfere with,
but it may take less time in the end. Thank you very much.
(There followed a short adjournment)

THE RECORDER: We’ve considered this case very carefully and we’re very unhappy with it.
In essence, we are going to take a robust approach and we are going to
dismiss this case now thereby allowing the appeal. I don’t propose to give
any further grounds or reasons. We are not satisfied that the Crown have
shown sufficient cause that this man wasn’t covered by this policy, if
you’ll forgive the double negatives, and in the circumstances, we allow the
appeal.
MR KENNEDY: I’m very grateful. Costs follow the event.
THE RECORDER: Yes, they do.
MR KENNEDY: (Inaudible) for costs.
30
246,
THE RECORDER: Application for costs granted.
MR KENNEDY: Thank you.
THE RECORDER: I would like to see the officer’s notebooks, please, Mr Pottinger, and I’d
like them handed to the clerk, the original ones, so that I can view them
and they will be returned in due course.
MR POTTINGER: What — what he gave me was — was in fact the same statement you have.
THE RECORDER: Right. He said - he referred to some — there was - as though there was a
date-stamp on the back of something.
MR POTTINGER: There’s a — that’s the
THE RECORDER: Can I see that now? That’ll be fine.
MR POTTINGER: Yes, certainly.
THE RECORDER: Thank you very much.
MR POTTINGER: I just mention matters outside — I think there was a -- the fixed penalty
notice, the original fixed penalty notice, isn’t in the file and I’m afraid that
is what happens these days. In the old d
THE RECORDER: Yes.
MR POTTINGER: the original file would come through on appeal. The way the system works
now, you do
THE RECORDER: No, no. I — I understand. I understand.
MR POTTINGER: And I can only
THE RECORDER: No, no. It’s not your fault at all.
MR POTTINGER: It may be on the back of that, the original handwritten