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REMOVAL OF IMPLIED RIGHT OF ACCESS

pitano1 asked:

hi all.

i`ve had my old notice up for so long,its starting to fall to bits,so i have made a mk.2 version

feel free to copy-n-paste

notice the part added at bottom

to all that it concerns

NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLIES

Notice of Removal of Implied Right of Access

You are advised to read the following notice thoroughly and carefully. It is a lawful notice. It informs you. It means what it says. I hereby give notice that the implied right of access to the property known as [your address], and surrounding areas, has been removed, along with all associated property including, but not limited to, any private conveyance in respect of the following:

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of or under the instruction of HER MAJESTYS COURT SERVICE, or any other CORPORATE BODY (i.e. Company) howsoever named and,

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of or under the instruction of HER MAJESTYS COURT SERVICE, or any other CORPORATE BODY (i.e. Company) howsoever named and,

2) ANY POLICE OFFICER who is acting for the CORPORATE POLICE and NOT acting as a Constable for and on behalf of Her Majesty Queen Elizabeth II and her people as expressed in the Oath of Office of all POLICE men and women, that is as Public Servants, upon your Oath of Office to serve “with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property”

COMMON LAW JURISDICTION APPLIES EXCLUSIVELYPlease also take notice that the land known as England is a Common Law jurisdiction and any transgression of this notice will be dealt with Private Prosecutions according to, and under, the Common Law.

Any and all access to the above-mentioned properties shall be by strict invitation only and shall be subject to terms and conditions, available by written request.

We do not have, and have never had, a contract. And any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn. If you feel so inclined as to enforce statutes as a consequence of this matter I will report your conduct to ALL relevant bodies and will pursue Proof of Claim in affidavit form, under your full commercial liability and under the penalty of perjury.

You are deemed to have been served this notice with immediate effect.

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256

BrownRabbit replied:

Bit of case law that might help folks……..Morris -v- Beardmore – 1981 😆

Morris -v- Beardmore; HL 1981

Parliament does not intend to authorise tortious conduct except by express provision. It is not for the courts to alter the balance between individual rights and the powers of public officials.

Lord Scarman said: ‘When for the detection, prevention or prosecution of crime Parliament confers upon a constable a power or right which curtails the rights of others, it is to be expected that Parliament intended the curtailment to extend no further than its express authorisation. A constable, who in purported execution of his duty has infringed rights which Parliament has not expressly curtailed, will not, therefore, be able to show that he has acted in execution of his duty, unless (and this will be rare) it can be shown by necessary implication that Parliament must have intended to authorise such infringement . .

[I]t is not the task of judges, exercising their ingenuity in the field of implication, to go further in the invasion of fundamental private rights and liberties than Parliament has expressly authorised.’

Court: HL

Date: 01-Jan-1981

Judges: Lord Diplock, Lord Edmund-Davies, Lord Scarman

References: [1981] AC 446, [1980] 2 All ER 753, [1980] RTR 321, (1980) 71 Cr App R 256, [1980] 3 WLR 283, (1980) 144 JP 331

Cited By:

– Regina on the Application of PW -v- Commissioner of Police for the Metropolis, The London Borough of Richmond-Upon-Thames, Admn, Cited, (Times 21-Jul-05, [2005] 1 WLR 3706, Bailii, [2005] EWHC 1586 (Admin), [2005] 3 All ER 749)

– Gillies -v- Procurator Fiscal, Elgin, HCJ, Cited, (Bailii, [2008] ScotHC HCJAC_55, 2008 GWD 31-476, 2008 SCCR 887, 2008 SCL 1316, 2008 SLT 978, 2009 JC 25, [2008] HCJAC 55)

jillh10 replied:

I notice that it says “England” but I live in Scotland, does the content count as the same or should I change it to UK or Scotland? Wescot have written to me and threatened me with someone coming to my door to collect and being a disabled lady on my own, I am to say the least very concerned.

richarda26 replied:

Sorry this is late … it would be Scotland