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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75290
Experience:  Over 5 years in practice
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I am disabled my van was parked with consent at castle

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i am disabled my van was parked with consent at castle donington svcs on the a453 i used it as a mobility scooter/ prosthetic storage whilst on a 3 day training course nearbye commuting daily by bus as driving difficult and village bus regular service without mob scooter .on third day i drove along the service road 427M within the services to the shop for a sandwich on route i was stopped by a motorway police car the officer informed me that my insurance had lapsed previous day he cautioned and reported me told me the services was part of highway . trusting his legal advice unable to pay the fixed fine offer i attended court and entered a guilty plea asking for time to pay monthly which i am doing.i have recently been told by an sia registered security officer whom i waschatting to that donnington services is not on the motorway it is privately owned land on which vehicles enter by implied consent the travellers caravans and unroadworthy vehicles on the services can only be removed by criminal trespass proceedings cp carparks control and time limit all parking that occurs within the privately owned sevice area i rang and obtained insurance before taking my vehicle off the services area on the day the officer stopped me at no time was my vehicle on road without valid insurances who was right had i committed an offence should i have pleaded guilty if not if the officer wrongly advised me can i go back to the court my insurance is now much more expensive i have 6 penalty points on my license
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: castle donnington services on what used to be the a453 near east midlands airport this section of road was down graded to a b road it is not on a motorway junction or even very close to one so about a half mile away located on a b status road
JA: Do you need to appear in court?
Customer: i appeared in court and pleaded guilty believing what the police officer told me as stated in my first message
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no several questions that need an answer on the text thanks

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

are you asking if this is a defence?

Customer: replied 16 days ago.
yes as i feel that i never had the vehicle on the highway uninsured and my court guilty plea was because i believed the police officer when he said that the services were part of the highway i wonder now if he was unintentionally mistaken

have you pleaded guilty already?

Customer: replied 16 days ago.
yes a few months ago i had to attend court and ask to pay monthly it was only yesterday when talking to the security officer that i was told all the roads and car parks were privately owned and the police werent interested in the untaxed vehicles and parked caravans belonging to travellers on it

Right, so basically you regret pleading guilty?

Customer: replied 15 days ago.
my guilty plea was because i trusted the police officers opinion if he is wrong and i have entered a wrong plea due to his advice i want judgement set aside or to appeal -new evidence??? as a ground for appealing as a disabled low income person i can request court fees are waived i want the points removed from my license and my monthly payments made to date returned.the only way i manage to pay the fine instalments is by turning off the heating and missing meals

Would it be possible to respond to my question? I am not interested in the reason. I am interested in confirming that the essence of this is you regret pleading guilty. The answer is really either yes or no

Customer: replied 14 days ago.
Yes

Thanks for the information and the time.

 

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

 

I’m afraid that you cannot appeal if you have pleaded guilty. Largely because you have pleaded guilty so the appeal would only be from your own plea which is a contradiction in terms. In very limited circumstances, you can apply to vacate a guilty plea but not after sentence.

 

If the issue is that you just regret pleading guilty then that is not a ground to have the conviction reopened I’m afraid.

 

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

 

Hope this helps. Please let me know if you need more information.

 

Jo

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