Skashion
Well-Known Member
Re: Peter Fletcher and stewards
I'm not saying your advice is bad but I don't think it's the best in the current situation. As far as court goes, a summons is an effective statement that you're serious and you're not going to walk away and accept your ban when you've done nothing wrong and can prove it. It doesn't necessarily mean you're going to go to court. Most are settled before you get anywhere near court. If he sends the results of a cotinine test and signed witness statements to Fletcher and at the same time a summons arrives on the club's doorstep, I think they'd drop the ban there and then which is what the guy wants. It's presenting them with a choice. 1. Just drop it. 2. Drag it out in the legal system. The bloke just wants to see football for the rest of the season. If he's patient that will not happen and it'll all be for nothing bar minor damages plus costs if it actually gets as far as court. Fletcher is an intransigent twat and he's got to act if he wants to see out the rest of the season - including a potential FA Cup final.
He has tried to resolve it without the courts. He offered to prove medically that he doesn't smoke in his first email and it was just ignored. He then sent a second very polite email. That should be more than enough. I'd be up in arms after the first email, believe me.sniff said:I have done trainging as a legal advisor for my job, that in my opinion would be jumping the gun a little. The court like to see that you have tried to resolve this yourself in a reasonable manner. Jumping straight into a summons is a little premature, and not all that reasonable. Yet.
A letter with strict, but not unreasonable time constraints, asking for the full policy on smokers in the stadium. Then you should also request the transcript or paperwork that explains your case and the evidence they have against you.
If all is as you say and you did not get a right to put your case across, then that ist going to bode well for them later on. Also if they havent got a full written report with signed statements from staff, same again.
I have a feeling that the Smokers policy will not specify a full ban in the first instance. It will also highlight the fact they do not allow you any chance to plead your case. If you can get written statements from friends family, anyone reputable confiming you do not smoke, or a doctors note if thats at all possible.
Once you have completed those steps it will give you a better idea of what you are dealing with, and they have a duty to provide you with this information, although they could charge you for Admin costs. Thsi will then give you more credability in court, since you can demonstrate you tried to resolve this issue in a reasonable manner without involving the courts. (they love that) Whilst also highlighting their policy.
Just because the club have xxxxx written in their T&C's that can not over rule your statutory rights. And in this case you have been banned without any right to reply and plead your case.
Also if they have no eveidence other than one person saw you, then its your word against their's, remember they need to prove you where smoking, its not for you to prove you where not.
Im not a solicitor, but have had some legal training. From what i can gather thats the correct way to move forward, as i builds you case, whilst asking them to reconsider.
I'm not saying your advice is bad but I don't think it's the best in the current situation. As far as court goes, a summons is an effective statement that you're serious and you're not going to walk away and accept your ban when you've done nothing wrong and can prove it. It doesn't necessarily mean you're going to go to court. Most are settled before you get anywhere near court. If he sends the results of a cotinine test and signed witness statements to Fletcher and at the same time a summons arrives on the club's doorstep, I think they'd drop the ban there and then which is what the guy wants. It's presenting them with a choice. 1. Just drop it. 2. Drag it out in the legal system. The bloke just wants to see football for the rest of the season. If he's patient that will not happen and it'll all be for nothing bar minor damages plus costs if it actually gets as far as court. Fletcher is an intransigent twat and he's got to act if he wants to see out the rest of the season - including a potential FA Cup final.