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LATE APPEAL MAGISTRATES CONVICTION FTF 6 POINTS
Wheels
post Thu, 11 Oct 2018 - 23:53
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As if I don't have enough on my plate! I went to court in August on behalf of my daughter for a speeding offence which was her ex partner. We did not receive any paperwork only a court summons. Due to my daughters mental health she had a melt down and could not attend. Very long story short. I got doctors letter confirming her issues, a copy of my appointeeship and explained. They decided to carry out the trial in her absence and although they didn't charge her for the speeding and I supplied the driver details, as early as was reasonably practical, she was given 6 points.

My questions:
1) if we did not receive paperwork, how can my daughter be guilty of failing to respond to something she did not receive?
2) if a person due to mental health issues needs somebody else to manage their affairs, is it right to then punish them for the inability to manage their affairs by giving them 6 points, is this not penalising them for being disabled, ie, disability discrimination?
3) we did not receive full information in court including all the letters allegedly sent etc, not that I realised this was a requirement until researching after the case?
4) if my daughter has a melt down and cannot attend and the trial is held in her absence, (this happened more than once) is it a fair trial if she has not been given the opportunity to present her own case?
5) what would be possible reasons for allowing a late appeal in the circumstances?

We have now received another single justice notice for speeding and ftf, which I have already sent in the reply back in March giving driver details. I have proof of posting, I did have photocopy of the form too, but I can't find it at present, but given the lack of sympathy for my daughter's case and the fact that they didn't care that we didn't receive the paperwork previously I don't hold out much hope in them accepting I sent off this one, despite the proof. They were pretty horrid in court. Furthermore, there are apparently a couple of other fines that have been issued, not that anybody mentioned them, for which we have received absolutely no paperwork whatsoever, I am awaiting details, but this is all going to add up. Yes we've had some postal issues, yes sometimes the dogs rip the mail apart and my daughter doesn't open mail and stuffs it in the drawer, but I do my best to make regular checks in all possible drawers, cupboards etc. I'm at my wits end and I am totally overwhelmed, I still haven't recovered from the court experience and now I have all this to contend with?

My daughter's car is her lifeline, she cannot afford to lose her licence, if I'm in too much pain and can't get to her, at least she knows she can get to me or other family/friend, whichever is quickest if she's in a tiz.

Any thoughts gratefully received.

Wheels icon_hang.gif

This post has been edited by Wheels: Thu, 11 Oct 2018 - 23:58
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The Rookie
post Yesterday, 05:45
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I would agree the case hasn’t been handled well from start to finish, but not by the court I’m afraid. You (and your daughter) I feel were far to casual about it, ill prepared, and have ended up where you are now. The court could never aquit of the S172 without the key witness being there, ever. It sounds like you didn’t even try submitting a witness statement, so there was no evidence at all on which to find her not guilty.

I think it’s inevitable your daughter will have anxiety facing a court hearing, you either have to decide now to not try and defend it at all or that she will go regardless of how anxious she is on the day, otherwise you’ll be in the same situation again. The only possible get out is if the prosecution will agree to a witness statement without wishing to cross examine, but I really doubt they will.

This post has been edited by The Rookie: Yesterday, 05:49


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Wheels
post Yesterday, 20:30
Post #42


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QUOTE (The Rookie @ Fri, 19 Oct 2018 - 06:45) *
I would agree the case hasn’t been handled well from start to finish, but not by the court I’m afraid. You (and your daughter) I feel were far to casual about it, ill prepared, and have ended up where you are now. The court could never aquit of the S172 without the key witness being there, ever. It sounds like you didn’t even try submitting a witness statement, so there was no evidence at all on which to find her not guilty.

I think it’s inevitable your daughter will have anxiety facing a court hearing, you either have to decide now to not try and defend it at all or that she will go regardless of how anxious she is on the day, otherwise you’ll be in the same situation again. The only possible get out is if the prosecution will agree to a witness statement without wishing to cross examine, but I really doubt they will.


Thank you Rookie, sadly not being experienced in such things, in particular when or when not to do a witness statement, & certainly not being able to do it at the last minute when my daughter was too distressed, especially whilst being led to believe there was an opportunity for it to be cancelled, why would we think it necessary, or even know what was possible? I did what I could at the time in the absence of my daughter, the best that I possibly could, given my disabilities, my pain and my poor brain function to boot, so actually for me I did pretty well considering. wacko.gif
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