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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice
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I received a summons for speeding which I know did not happen

Customer Question

I received a summons for speeding which I know did not happen and elected to go to court. In court the Camera Partnership person had not got what I considered a vital piece of evidence with him as to when the camera was last calibrated and the magistrates allowed him an adjournment despite my protest! This obviously gave him time to concoct whatever evidence he needed.
Before the re-hearing I had a heart attack and sent proof to the court but according to correspondence received they took a Judicial Decision to go ahead with the case in my absence! Of course I was found guilty and fined with points put on my licence.
I then requested details of who made the Judicial Decision and what were there medical qualifications and asked for the case to be re-opened. This they refused saying they did not believe they had done anything wrong and that if I wanted to appeal it have to be to the crown court.
I then spoke to Manchester Crown Court who explained to me which form I needed to fill out and to write that I wanted it transferred from Cardiff Crown Court to Manchester Crown Court so that it could be heard there to save me having to travel 470 miles round trip for the hearing.
I then received a letter stating that the evidence that I had sent them from the Hospital where I was treated for the heart attack in Blackpool stated that I was "well". It says nothing of the kind and at the point of me suffering the "Massive" heart attack as my doctor called it my heart was functioning at 33% and 3 months later when I had a Stress Echogram Test at Blackpool Hospital it was up to 67% according to evidence received.
I then received a call from Cardiff Crown Court asking why I was not there to attend my appeal hearing and I stated to the woman that it was supposed to be transferred to Manchester. She hung up and retrieved the papers and rang me back within a few minutes with an apology saying she would speak to the Judge and I then received a letter to send evidence to the court that had previously been submitted to Cardiff Magistrates so that they could consider transferring to Manchester. I did this on the 18th October 2013 by post as they had requested this by the 22nd October for a hearing on 25th October. I never heard anything back from Cardiff Crown Court but have now received a letter stating that the request to transfer to Manchester had been refused and I had to pay a further £415 in costs. I believe this is not right and want to know what I can do please?
kind regards
malcolm Yeo
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this. What do you specifically wish to know about this?
Customer: replied 3 years ago.

Can I go back to the Crown or a higher Court and in the circumstances can I get Legal Aid so that I can emply someone to help. I used a solicitor to try to get the case re-opened at a cost of £300 but they wanted another £1500 to go further?

Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but on what basis do you want to appeal?

On what specific ground?
Customer: replied 3 years ago.

I wish to appeal against the original speeding charge which is trumped up, the fact that they made a Judicial Decision when I had sent proof that I had had the heart attack and requested a further adjournment and then when they went ahead and refused to re-open the case they now refused to transfer it to Manchester for it to be re-opened as I was adcised my Manchester CC which is closer to me and which I understand is my right! This seems like a money making exercise to me? Fleece the motorist!

Expert:  Jo C. replied 3 years ago.
So, on short, you wan to reopen the case on the basis that you have medical evidence for no begin there?

Have you provided a sick note?
Customer: replied 3 years ago.

Yes I provided my hospital notes to both Cardiff Magistrates Court where somebody then made a Judicial decision to go ahead with the case in my absence and then subsequently to Cardiff Crown Court who seem to have ignored it? I have heard nothing from Cardiff Crown Court as to why my case was not transferred to Manchester C C as requested only a notice of costs order! Cardiff magistrates said that my hospital notes said I was well ??? Somebody needs to go to Specsavers because nowhere on the notes does it say I am "well" I had just suffered a massive heart attack!


I want an explanation why Cardiff Magistrates thought it right to go ahead in my absence and then refuse to re-open the case and why Cardiff Crown Court refuses to transfer to Manchester which I was advised was my right!

Customer: replied 3 years ago.

Yes I provided my hospital notes to both Cardiff Magistrates Court where somebody then made a Judicial decision to go ahead with the case in my absence and then subsequently to Cardiff Crown Court who seem to have ignored it? I have heard nothing from Cardiff Crown Court as to why my case was not transferred to Manchester C C as requested only a notice of costs order! Cardiff magistrates said that my hospital notes said I was well ??? Somebody needs to go to Specsavers because nowhere on the notes does it say I am "well" I had just suffered a massive heart attack!




I want an explanation why Cardiff Magistrates thought it right to go ahead in my absence and then refuse to re-open the case and why Cardiff Crown Court refuses to transfer to Manchester which I was advised was my right!


Expert:  Jo C. replied 3 years ago.
It doesn't work like that I'm afraid.

The reason they carried on, I suspect, is that having had a recent heart attack does not amount to a reasonable excuse necessarily.

Obviously if you were in hospital that day then that would amount to a reasonable excuse. Having a general condition may mean you are unable to attend or it may mean you can attend. People with heart disease attend court all the time as do people with cancer or HIV or many other very serious conditions that are ultimately terminal.

Unless you produced a sickness note that actually said you were unfit for court on that specific day, I'm afraid there is no basis to get this set aside. Producing your doctors notes is not sufficient I'm afraid unless they do go that far.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

No thank you I cannot see that they should decide that I am not entitled to have an appeal transferred to my local Court!!!


 


This is not the end of this I quite frankly believe this is a money making scam after requesting all the evidence again they did not even give me the courtesy of a reply!


 

Expert:  Jo C. replied 3 years ago.

Ok.

 

Good luck with the appeal then.