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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Hello Sir & Madam My case was sent to Portsmouth County

Resolved Question:

Hello Sir & Madam
My case was sent to Portsmouth County Courts, but I live in Winchester area, do I have rights to transfer to my local County instead, Because Portsmouth Refused my transfer. Thanks Ben
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you.
Alex Watts : Are you the claimant or defendant ?
Alex Watts : Is the other party an individual or business ?
Alex Watts : What is the value of the claim and why do you want it in the high court?

the claim is against winchester city council is not value but I am disabled and I was treated unlawfully for the last 3 years so i issued a County Court proceeding against Winchester under Disability Act 2010, but Portsmouth Courts refused to transfer my case to High Courts, please I need to know my legal right to transfer the case, Portsmouth Courts totally refused this is my third attempt


and the other case I am the claiming against company damaged my car while repairing it, the Courts discredited me, so I asked to transfer my case to my local County council winchester once again they refused with no reson, and is my third attempt please what is my legal rights in order to transfer the case out of Portsmouth is it any legal text or legal rights I can add to my appeal Thanks


the second defendant is auto-glass

Alex Watts : But why do you want it in the high court?

Claim Number A00PO387






Dear Sir & Madam,

On The 15/04/2014 i issued a claim against Winchester City Council according to the Disability Act 2010 and the Equality Act 2010

For the past four to five years Winchester City Centre has not treated me equally and fairly according to the Law and Regulations

In September 2013 i contacted Bishps Walthams Office Citizens Advice Bureau in order to communicate with Winchester City Council and to assist me to obtain responses to my letter; otherwise i guarantee my communication would be ignored.

I have at least 10 recorded telephone calls made in 2014 where I tried to communicate with the Benefit section as soon as i give my name and or reference number to them i get informed and warned that i am not allowed to call them and the calls is immediately terminated

I am permanently ill person with high blood pressure, high cholesterol, a BMI OF 51% and insulin controlled Diabetic

As well as that i take Bydorin once a week to help maintain and control my blood sugar

September 2013 i had an extremely painful operation due to my side effect of Diabetes I had a fistula removed from my back passage

It left me with an open wound and a rubber band fitted to help control the flow and pressure, I am still receiving after care from the Surgeon Specialist at QA Hospital

Less than one month ago I had an MRI scan to check if the operation had been successful and the fistula cleared, there is a high risk that it can come back again

In order to help me with the pains i have been prescribed Morphine as pain is so severe also Tramadol and Co-dydramol

I live in a shared ownership property part I own and part I pay rent on, the rent i have to receive Housing Benefit from Winchester City Council also my Council Tax

On the 11th February 2014 i received a Council Tax bill without explanation when I should get Benefits as my circumstances did not change exactly the same, stating the first instalment due on 1st March 2014 of £56.30

24th March 2014 i also received a reminder rent from Radian £854.44 which meant that the rent had not been paid since February

In February on receiving my council tax bill i telephoned the Council Tax Department who were very helpful, the lady that i spoke to did not know why my council tax had not been paid, i needed to talk to the benefit section, she transferred my call to the Supervisor, they immediately refused to even communicate with me, i was begging them please please, help me, they once again refused, i asked a direct question you refusing to help me to which the lady replied without hesitation yes....

All calls are recorded, saved on my computer as evidence

I complained to Winchester City Council also sent the recorded evidence by email, they once again decided to ignore me

Winchester City Council are acting unreasonable with the intention of causing me stress, more damages to my health, i was unconscious on more than once occasion due to the stress, i have had sleepless nights, worried that i loose my home and i will be homeless in the street with my kids

I had dreams where Winchester City Council are forcibly evicting me and beating me up, unfortunately my blood pressure and blood sugar has been dangerously high and dangerously low, i was prescribed a strong medication in order to help my blood pressure and extra insulin needed to help reduce my blood sugar, due to the stress that Winchester City Council caused me intentionally

I wish if i could change the past when they accused me of shouting at them, I did not know however I apologised on more than one occasion, the apology was truly from the heart, but was rejected and declined

Before i make a call to Winchester City Council i make sure my diabetes is controlled and check my blood sugar first to avoid a hypo, unfortunately it did not make any difference

i still have a hypo when Winchester cut me off and they refuse to help me, i am ill for hours after the hypo, shaking, sweating and shattered

this is both direct and indirect discrimination, this also comes under harassment and victimisation LAW.

Winchester City Council are obliged by LAW to prove that they have made reasonable adjustment according to accommodate my permanent illness and help reduce my suffering, change the way they talk and communicate with me, provide me with extra support, perhaps a designated person who has understanding of my illness and situation, aware that i can have hypos and deal with my questions not terminate my calls and cause me unnecessary added stress

To make sure a disabled person (myself) is not discriminated against. These are disability rights under the Disability and Equality Act 2010, Winchester City Council has not made any reasonable adjustments in fact i have been bullied harassed by the Staff or Manager of the Benefit Section for a prolonged period of 4-5 years

On one occasion my landline was barred so that i was unable to telephone Winchester City Council for at least 6 months, i was unable to ring them and arrange for my “Sharp” bin to be emptied, this contained needles that are paramount to me being able to inject my insulin to help my Diabetes

Council offer local residents free disposal service for used hypodermic needles and syringes, these items designated as biologically hazardous and require save disposal, I was unable to have my bins emptied on time, i have a young daughter 3 years old and they could be a hazardous risk for my family

I was unable to have my sharps box emptied on regular basis only if i go to an outside payphone to telephone Winchester City Council

Under freedom of information Act 2000, i ask Winchester to provide me with all the notes, memos from meeting, history kept on their computer, on even note pads, files or by any method stored by Winchester City Council, regarding me and my family members, they only have one month from receiving to reply, if they fail to comply i will ask the Judges to enter judgement by default against Winchester City Council

15th April 2014 i issued a notice of Court Proceeding in the Portsmouth County Court claim number A00PO387, the defendant had until 20th May 2014 to reply it is written and stated clearly on the order form and was issued and sent to them 1st May 2014

The case was listed for preliminary hearing 9th July 2014 the County Court of Portsmouth District Judge Barlow

There was never an acknowledgement of service and Defence filed reference to this case by Winchester City Council

On the preliminary hearing date i suggested to District Judge Barlow to enter Judgement by default against the defendant as they failed to comply within the order and is the LAW

There are no exceptions or favours for anyone, and is a ENGLISH LAW Everyone will be treated within the LAW

Sadly i was wrong, District Judge Barlow he has his own LAW, gave me an unhappy look, and refused to enter Judgement by default against Winchester City Council

He picked a previous defence with a different claim number and different case number, different date, different reason, he crossed the old claim number by hand, and hand written the new claim number instead,

He stated the defence now has been entered, even though it was a different meaning the judge stated that he would accept it as a defence for this claim, even it was irrelevant meaning

I felt that i had been ROOBED by Judge Barlow of my rights by LAW, my dignity, respect, he then handed it on the plate to Winchester City Council, giving them extra power to discriminate against me and humiliate more and more..... Against the innocent

Surely District Judge Barlow favoured Winchester City Council and acted in a biased way, further more he made a direct statement to me, stating if I lose this case against Winchester City Council i will never have the rights to issue any more cases against Winchester again, I will have no rights to issue a Court proceeding ever and ever

That immediately felt like a “BIG SLAP” across my face, he humiliated, insulted and discredited me

This is only a preliminary hearing, and i had all of this unfair treatment by a District Judge, this Judge has not heard my case and evidence and he already made his mind up, he was attempting to discredit me and humiliate me in front of the defendant, I am a member of the Public know much knowledge of the LAW i.e. I am a trained Solicitor, and he took advantages of that and treated like I was stupid and idiot no respect to ordinary member of the public

He then added this is not a threat, if is not threat why he brought it my attention, it still does not give him the right for Acting Judge representing the English LAW

I was so disappointed and felt that I been let down by the English LAW, he should be impartial, should not prejudice me and i should be treated fairly this is my right by LAW

I felt Judge Barlow demonstrated that he was biased and favoured Winchester once again, and I have no chance to prove my rights or even speak for my rights, and my case will be struck out no chance of winning

Previously Judge Ackroyd in 2012 also acted in the same manner and he treated me with no respect, against Winchester City Council, he also Humiliated me took all my rights and struck out my case on the spot without even giving me the chance to present my case and evidence

He was not in the slightest interest, i filed a complaint and also my complaint was struck out, i was told that i have no right to complain about a judge

I am seriously complaining about Portsmouth County Courts discrediting and humiliating me in more than one occasion, i would like to complain about District Judge Barlow for not acting within the LAW

I demand within the English LAW that according to the freedom of Information Act 2000, that I be giving all information’s that Portsmouth Courts hold regarding myself and all previous cases that have been heard, all information that affecting me and discredited me or any unfair information,

I wish for my case to be transferred to the high Court in London, it is my right to have my case heard without any threats or even unfair comments,

I would like to ask to be treated with respect and NOT to be humiliated in front of others, by powerful Judges

This is My statement of truth on the best of my knowledge

Mr Ben Hlal

To follow up from the above complaint:

Today I received my claim back from Portsmouth County Courts A4QZ8470, was refused for transfer as per my request hand delivered july 2014, and secondly the Judge Wilson unfairly STRUCK out my case

I initially when I filed the Questionnaire I requested NO Portsmouth County Courts or Winchester County Courts,

None of my requests is been taken in to accounts, I been once again I been humiliated and unfairly treated by this District Judge

What is the points of having a Questionnaires to fill in and requesting a different County Courts and giving a reason, I did all of that according to the questionnaire and answered all the questions correct, now is proven to me that what I sate or write it does not come to any considerations and there is no LAW the District Judge decide on the Day what he wishes

I am not happy with this all unfair treatments and disrespecting my wish and my statements, I am not happy for Judge Wilson to struck out my case unfairly, for that reason I will issue a Court proceeding against Portsmouth County Courts for all my loss

I requested for my case ( A00PO387) to be transferred to high Courts in London, also that was refused I feel that I should have my rights, to transfer my case If I wish, either they struck out my case or refuse a transfer,

I leave in Winchester City Council, NOT Portsmouth, all my cases should be transferred to Winchester rather than Portsmouth

When I file a request the Judges of Portsmouth refuses, so they can humiliate more and finally struck out my case

I wish for my complaint to be dealt with fairly and promptly


Ben Hlal


sorry is a long letter was sent to Courts as complaint


explain properly


Hi Alex sorry i missed you ealier

Alex Watts : Why don't you the the county court can deal with this?
Alex Watts : What track has it been allocated to?
Alex Watts : I may be on and offline today as its the weekend and I am driving

small track, to be honest i lost faith in portsmouth County Courts


Oh I am sorry Alex


we can chat another time if you wish

Alex Watts : Ok, if it is small claims track it is not suitable for the county court.
Alex Watts : not suitable for high court sorry.
Alex Watts : The high court does not deal with small claims matters.
Alex Watts : The high court does not even deal with fast track matters.
Alex Watts : The high court only deals with multi track matters with sums in excess of £100,000
Alex Watts : So the high court does not have jursidiction to hear any matter below £100,000
Alex Watts : In any event if you wanted to issue in the high court you should have issued a claim there rather than the county court.
Alex Watts : So in short I am sorry to say the high court is not able to hear this because you said it is a small claim and below £100,000
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?

Hi Alex, Thanks for that I understand now, but the autoglass company I wish to transfer to my local authority rather than Portsmouth, but Portsmouth refused and the case was issued on-line initially through money claim, and then was sent to Portsmouth, in the claim form I stated clearly NOT Portsmouth, i was ignored and was sent to Portsmouth, after my 3 attempts still refused with no reason, please help this is my final request.

Alex Watts : Is Portsmouth your home court? As for auto glass is there head office in Portsmouth ?

autoglass is nation wide company, but my local authority is winchester


is it any LAW or Claw I can use in my request Form to help me speed up the process of transfer Thanks

Alex Watts : But which is your home cou ty court?
Alex Watts : county

is Winchester not Portsmouth

Alex Watts : You need to make a formal application, not just write.
Alex Watts : This is on form n244
Alex Watts :

yes I did that and was refused, 3 x times a formal application

Alex Watts : Let me just get the rule


Alex Watts : On what basis?
Alex Watts : its rule 26.2

please can you state the rule



Alex Watts : (5) If a defendant under paragraph (3) or a claimant under paragraph (4) has specified a court other than the preferred court on their directions questionnaire, the claim will be sent to that court.
Alex Watts : It's rule 26.2(5)
Alex Watts : Does that help?

i could include this in my application

Alex Watts : yes.
Alex Watts : Does that answer the question for you todaya.

thanks Alex,


i appriciate that



Alex Watts : Happy to help.

what do I do now

Alex Watts : Make a formal application, pay the court fee if £50

so you get your money??

Alex Watts : If you rate I get paid yes
Alex Watts : Thank you.

yes I got all that ready here


yes I will rate it now as excellent

Alex Watts : Ok. Click on a smiley face at the bottom of the page, that's
Alex Watts : that should do it.
Alex Watts : thanks
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