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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71525
Experience:  Over 5 years in practice.
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I have made an application tot he Justices to re-open my

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I have made an application tot he Justices to re-open my case under the provisions of section 142 of the Magistrates Courts Act 1980 - I was in Goa and had my passport stolen so did not have time to deal with a summons that had been delivered to my home in Manchester, and my plea / defence missed the court date. . . . . . however the date now given for the hearing to re-open the case is the same date (and time0 as my girlfriend is in court in Warrington . . . and I am in Manchester. . . . I have to drive her to Warrington, how can I request to have the hearing to re-open my case moved? . . . . . I understand that they do not like to move hearings but I need to drive her to Warrington which is about 1.5 hours - if not more - in the morning . . .any advis eplease?
Assistant: Where are you located? It matters because laws vary by location.
Customer: I ma in Manchester, the hearing is in Tameside - Greater MANCHESTER.
Assistant: Has anything been filed or reported?
Customer: I only have the letter to re-open my hearing and also from the original hearing - which I missed - I have a fine to pay, if my plea/evidence is not accepted by the court. . . . .I had a car (which did not work) waiting to be collected for scrap, for which I have been charged . .that I did not have insurance for it, but at the time I was driving a newer car that was insured 'fully comp" . .. so my plea is based on the fact that I was insured for the car I was driving, and the other - old vehicle - just did not work . . . and was awaiting collection for scrap.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No . . I think that covers everything.

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

Sorry but I'm not sure what the issue is here?

It can't be the same date otherwise there would be nothing to reopen?

Customer: replied 3 months ago.
my case is being reviewed . .. . . so my hearing (in Tameside) is a hearing to re-open my case on the same date 0 by coincidence - that my Girlfriend is in court - for a totally in-related matter - in Warrington (Cheshire). . . ..my hearing to re-open the case is on the same date and at the same (given) time as her case,. . . .. but I need to drive her to Court, and so cannot be at my hearing (to re-open my case) so can my date be changed?

Not on that basis I'm afraid. That is just not a good basis for an application.

This is ultimately your application and her commitments do not prevent you from getting to court. It is just not convenient. I am sorry but they are not going to move it on that basis.

If you are intent then you could email the court but it is not going to succeed I'm afraid.

Can I clarify anything for you?

Jo

Jo C. and 3 other Traffic Law Specialists are ready to help you
Customer: replied 3 months ago.
No, thank you.. . . . . . that is fine.

No problem and all the best.

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