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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 3215
Experience:  Over 5 years in practice.
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In 2004 I was accused of a speeding offence which I strongly

Customer Question

In 2004 I was accused of a speeding offence which I strongly denied, the case was heard in my absence asI had not received a summons to attend court, I appealled to Hull Crown Court and after listening what I had to say the Magistrate sitting with the Judge said that the case should have been adjourned and I would have been sent another summons to attend at a later date, the Judge asked if I wanted the case to be heard in front of him that day and if he found me guilty, then I could not appeal,on the other hand he could send the case back to Goole Magistrates Court and have the case reheard in my presence, the latter I opted to do, he also told me if I didn't hear anything after six months then take it nothing more would be done about the matter, nearly 2 years later I received a saying I had not paid my fine, I telephoned Goole Magistrates Court who said hey would look into the matter, a further 2 years past and again the same thing, I spoke with the Crown Court who said that they only had information that the appeal was not upheld, this has been going on now and this year in May I received another letter saying legal action would be taken against me if I didn't pay the fine, I have written in to Hull Enforcement office who past my letter to East Yorkshire Magistrates Court where I am finding it difficult for them to make enquiries into the total incompetence by court staff, I have spoken with the CPS who say ther is no file for the Appeal which there should have been, I was advised to contact a Company to get the transcript for the appeal they tell me this is only kept 5 years, why wasn't I told this was an option al those years ago, nealy a month ago I wrote to Courts and Tribunals Manager at Humber and South Yorkshire Courts and still nothing has been sorted and I am being threatened by Bailiff Action through no fault of my own
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.


What course of action can I take to stop my items being taken away by Bailliffs and also who can I contact to complain about the way this has been handled especially after a Judge tells me one thing and court staff tell me this didn't happen, surely there is a complaints procedure, this has gone on so long it is beyond belief that no one will do anything about it or believe my side of the story.

Expert:  Jo C. replied 4 years ago.
Sorry if I'm missing the point but you seem to accept being convicted on appeal?
Customer: replied 4 years ago.

The judge sent the case back to the magistrates court to be re heard, this has never been done, he said that if I was found guilty at the magistrates court then I could appeal back to the Crown Court, if he heard it that day then I couldn't appeal aginst his decision, the case was never sent back and at one point Iwas informed that the papers were lost, there is no record of the case or appeal and its outcome in the CPS office which I am told this is strange as there are other cases there as far back as mine, so the courts did not carry out what the judge ordered, the appeal was not upheld but the case was ordered to re tried in my presence which has never happened surely somone has not done what the Judge ordered

Expert:  Jo C. replied 4 years ago.
Can we just try to narrow this down? If you mean you made a statutory declaration then that would not normally be done at the crown court.

What application did you make exactly?