How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70005
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Evening,Thanks for taking your time to have a read over my

Resolved Question:

Evening,Thanks for taking your time to have a read over my post. Background regarding the situation is as follows -:Totting up driving ban, we filed for exceptional hardship based on employment grounds which was not granted. The disqualification was 6 months with 3 penalty points. This was on 13/7/13.My lawyer at the time immediately lodged an appeal because he believed that the circumstances surrounding the exceptional hardship were more than enough to have this granted. The appeal was lodged the following day,and I had another £700 + all the other fees to pay, the whole thing basically cost myself more than £2500 for a case which I pleaded guilty to the totting up, and for the exceptional hardship. I received a receipt of my appeal and was also told that during the appeal my ban would be suspended pending appeal so I was allowed to drive during this time.Today (3/3/14) coming up 8 months since date of appeal, I received a letter from DVLA telling me that they have received notification from the courts that I am now disqualified. Immediately in shock, I called my lawyers office to discuss only to be told that my lawyer does not work there anymore and that they will look into things and call me back tomorrow morning. I just no longer know where I stand, nor do I have much confidence in my lawyers efforts. From day 1 I felt like I never had a dedicated lawyer, nor an interest in my case. On the date of the actual hardship hearing my lawyer who was originally dealing with the case never showed up, and I was left with someone who had no information surrounding the case, I had to explain everything to them again 10 minutes before entering the court room. I received no notifications from my lawyer, nor the courts regarding my appeal. I am looking for some advice, if any exactly what to do here. I am upset with my lawyer for their efforts especially after such high costs. I am also not sure regarding timescales around appeals, or where to go next. Thank you so much for any input.
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 would you like to know about this please?
Customer: replied 3 years ago.

Bascially, where do I stand in terms of time taken to respond to appeal? Being it was almost 8 months ago - with no notifications from Lawyer or Courts.


 


My service from my lawyer I was extremely unhappy with, is there anything I can do regarding this?

Expert:  Jo C. replied 3 years ago.
What happened at the appeal?
Customer: replied 3 years ago.

I have only just received a letter from DVLA saying that I am now disqualified and to send in my licence. I attended no appeal, all paperwork was sent to the Magistrates by my lawyer. I only ever received receipt of paperwork sent by the Justice of the Peace.

Expert:  Jo C. replied 3 years ago.
No, but since notice of appeal had been lodged wasn't the appeal pursued?
Customer: replied 3 years ago.

I never heard from anyone since the appeal was lodged. DVLA returned my licence and told me my disqualification was suspended pending appeal, and my lawyer said I could drive pending appeal. I never attended any appeal, but paid a further £700 for the appeal, never heard anything, untill DVLA sent this letter today, 8 months down the line. I called my lawyers office today, to be told, he had since left the company & they are going to call the court tomorrow.

Expert:  Jo C. replied 3 years ago.
I don't know if you want to get an answer on that and come back to me?

It depends on so many factors here.

If the appeal was not lodged then I'm afraid you are in difficulty here. You are out of time to appeal and there are no real grounds to set this aside although I suppose you could try to appeal out of time. You would have a negligence claim against the firm.

If there was an appeal which was decided against you then I suppose you could try to get that hearing set aside but it depends on the date. I don't think that could have happened because there would be further costs to pay.

I don't think that your ban could have been overturned on appeal. The DVLA do have inaccurate records sometimes but if you didn't attend the appeal then they should not have found exceptional hardship in absence because you have to prove exceptional hardship.

If you want to get to the bottom of this and come back to me then I could probably offer more?

Jo
Customer: replied 3 years ago.

I attended an exceptional hardship which was not granted. Immediatly, my lawyer told me he appealed the decision. I received a phone call the next day which allowed me to drive pending appeal. This is as much information as I have ever received from the date that the exceptional hardship was not granted (18/7/13)


 


I heard or attended NOTHING in this time. Had no correspondence or attendance anywhere, but did pay an additional £700 for the appeal.


 


Today, 3/3/14 I receive a letter from DVLA dated 26/2/14 that I was disqualified from driving. The court date on the letter from DVLA reads 18/7/13.


 


This is as much as I know.

Expert:  Jo C. replied 3 years ago.
Yes, I understand but the issue is what happened to the appeal which only the firm could answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 70005
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice