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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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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.
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