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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70517
Experience:  Over 5 years in practice.
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I have just received a disqualification notice due to insurance

Resolved Question:

I have just received a disqualification notice due to insurance offence which took my points to 12, apparently there was a second hearing for representation of hardship but I did not receive notification of this second hearing so could not respond or attend.
what can I do to overturn the disqualification as I need to dive to get to work ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Did you attend the original sentencing hearing?
Customer: replied 1 year ago.
no i reponded by post
Expert:  Jo C. replied 1 year ago.
Did they write to you?
If not, do they have the correct address for you?
Customer: replied 1 year ago.
I only received the original summons, no further communication until the disqualification notice today, I have phoned the court and been advised to send an email explaining the situation for consideration by the legal advisers. copy of email below;Dear Sir.Further to my telephone conversation this morning upon receipt of a Notice of disqualification from driving, can you look into this matter as urgently as possible please. I would like to appeal against this disqualification as I have not been given the opportunity to make my representations to the court due to the reasons below.I returned the original documentation to the court with a guilty plea for a hearing on 26th October 2015. I have not received any further documents from the court. The original documentation explained that if a totting of points would lead to a disqualification then a second hearing would be convened to allow representation of any hardship that a ban would entail. I have been told today that this hearing was held on the 2nd November 2015, but I not received notification of this hearing and therefore have been unable to make these representations to the court.I live in Redditch but work shifts in Worcester, without my driving licence I am unable to travel to and from my place of work, unfortunately I unable to use public transport due to the timings of the shifts I work.Could you please acknowledge receipt of this email please.If you need any further information or wish to contact me , my mobile phone number is; 07714 896076 or my email for correspondence is;***@******.***.I trust you will treat this matter with the utmost urgency due to the problems this matter has caused.your sincerly,Les Emanuel
Customer: replied 1 year ago.
I am leaving for work in a few minutes and will return at 2300 today, I will be unable to respond further until then .
Expert:  Jo C. replied 1 year ago.
Ok.
In terms of the ban, why can't you get to work by public transport?
Don't worry about the time. I will be online.
Customer: replied 1 year ago.
Because of the hours I work, public transport does not run early enough or late enough for the shifts I work. I am regularly asked at short notice, ( a few hours or less ) to work on after my shift when there problems in the factory, sometimes finishing in the early hours of the following dayI am also unable to walk any distance due to injuries to my legs I received in a car accident 25 years ago plus an on going problem with ulcers on one of my legs.
Expert:  Jo C. replied 1 year ago.
Ok. But have you checked the timetables? It is quite difficult to establish that it is impossible to travel by public transport. It can be done sometimes but not often.
Customer: replied 1 year ago.
Ok , I will check, but due to my irregular finish times which have be around 2-4 am on occasions, I could be unable to return home.how do I stand regarding the disqualification as I did not receive notification of the 2nd hearing and was obviously not present
to make my representations of hardship ?
Expert:  Jo C. replied 1 year ago.
You can ask the court to reopen that and probably they would.
But that just takes you back to the totting hearing stage. You can still argue exceptional hardship applies but you need to do more than just make these representations.
Ultimately the burden of proof shifts to you to show that you would suffer exceptional hardship. Loss of job can be exceptional hardship but you need to prove that it is impossible for you to perform this role but public transport - taxi drivers are usually covered by people who are just choosing to drive because it is convenient are not.
You will need to get train time tables to proof that it is not possible.
Also, you will probably need to get taxi costings to show that it is not possible to take taxis.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
thanks Jo,
How do I ask the court to reopen the case, is my email sufficient or is there a procedure I must go through ?
Does the disqualification stand, or is it set aside until the result of the new hearing ?
Do I need to get a letter from my GP regarding my problems with walking ?Les
Expert:  Jo C. replied 1 year ago.
You should really attend and make an oral application.
The disqualification remains until the court reopens.
I'm not sure the problems with walking is your best point but if you intend to rely on it then it needs to be proven.
Customer: replied 1 year ago.
How do I apply to attend the court to make an oral application ?I have checked the bus timetables and all involve a minimum walk of 10 minutes from the nearest bus stop to my workplace , so while my walking problems are my primary argument they are contributing factor, or should i not bring this up to the court ?Les
Expert:  Jo C. replied 1 year ago.
I suppose that if that is the reason that you cannot use public transport then you will have to rely on it.
Remember that you have to show that it is not possible for you to perform your job by public transport. It is a higher test than showing inconvenience.
Customer: replied 1 year ago.
How do I apply to attend the court to make an oral application ?Les
Expert:  Jo C. replied 1 year ago.
Just attend court one morning at about 9.30am and ask them to have it listed for an application to reopen.
You might want to call in advance as some courts have specfic days reopenings and stat decs.
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