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Everything posted by Number6

  1. I now have a definite date for the appeal hearing and know the name of the judge listed to hear it.
  2. Well, I have a hearing date (sort of) I have received a "Criminal Warned List" letter informing me that the appeal hearing is listed at Worcester Crown Court during week commencing 16th July. It says that representations regarding the listing of a case should be made no later than 11am on 5th July. Do I need to do anything about this?
  3. I have received my form from the Courts and Tribunals Service asking questions about the case in the Magistrates Court so as to assist in the appeal preparation. It has been completed and returned to the court
  4. Thanks. Never been involved with this sort of stuff before so I was wondering.
  5. Just a question... the caution administered by the Council / DWP - is it the same as a police caution, i.e. goes on your police record?
  6. They accept they are a couple but also accept that they live separately. Two addresses, that's not the issue. The only issue in my mind is whether it's worth contesting the amount of the overpayment?
  7. Hello I've been asked for advice by a couple who've been invited to an IUC. So far as I know, this is what's happened so far. They are a couple but live separately. She claims housing benefit and council tax benefit as well as DLA and IS. She lives in a council property. He claims Council tax benefit and IS Earlier this week they both received letters inviting them to separate IUCs next week. They contacted a solicitor who rang the council for pre-disclosure info. Result of this is that they have reason to believe that income has been earned but not notified. This is correct but I don't believe the couple concerned did this dishonestly or with intent to decieve - yes, I know they should have declared it so please, no comments or judgements about this, just looking to confirm a few things here. The total earnings undeclared are around £3k jointly. Council "prosecutor" told solicitor that they are assuming an overpayment of CTB for the guy at £400 - they said if he accepts this he will receive a caution, have to pay £400 back but no further action. Overpayment to the girl they say is around £5K - they will not say what will happen but if she admits the offence they will recommend a caution and she'll have to repay the £5K. Otherwise it's court. Solicitor has recommended going to the IUC and submitting a written statement admitting everything and then fingers crossed! I'm not sure this is best advice, certainly for the girl. My main question is this: If the undeclared earnings are £3k in total (less costs and expenses as it was a "self-employed" situation), split between the two parties then that's £1500 each before costs and expenses. Does this justify having to repay a £5K overpayment? It's effectively her entire HB and CTB for the last 8 months which is apparently when the earnings occurred. Should she contest it on the basis that they are requesting too large an overpayment or is it all correct under benefit rules? Can someone help me here?
  8. @ Paul Kenedy Could you PM me please, I could do with knowing what you put on the Notice of Appeal. It seems fairly straightforward but I want to make sure I don't say the wrong thing.
  9. Morning all. Thanks for the posts and PM Paul, and thanks to everyone else too. I must admit I felt low yesterday, it was the first time I've ever lost in court So, we're agreed then? A full appeal to the Crown Court and not a Statement of Case for consideration by Queens Bench?
  10. On a similar O/T note, the makers of the film version of Tinker, Tailor, Soldier, Spy also need shooting!
  11. Yes, I've already sent him a PM. Was never keen on Rumpole, but a big thumbs up to the other two I was never sure why The Prisoner was so compelling, but it was and is. Unmissable. Whoever came up with that the half-cocked abortion of a remake needs shooting though!
  12. Thanks for the reply Tony. I have followed the advice in my sig all the way so far and have no intention of giving up now. Reading Paul's thread it doesn't seem like he employed a barrister or solicitor - do you know if this is the case? He was LIP all the way?
  13. OK, that's an interesting thread Well Mr John Dyson (DVLA Prosecutor), I hope you are reading this thread and I look forward to meeting you in the Crown Court for the appeal hearing as soon as possible!
  14. I know an appeal against conviction will be at the Crown Court, but my question is should I appeal the conviction? - in which case it will effectively be a retrial, or do I appeal it to the divisional court on a point of law? The latter course would not involve a retrial but OTOH I won't be able to re-present my evidence.
  15. I'm thinking of getting local / national media involved. Good idea or maybe counter productive if I intend to appeal?
  16. All that the magistrate said was that "while they have sympathy for my case they have to apply the law". He went on to say that the strict interpretation of the word "deliver" means to "hand over to another party". He said nothing else. Even the DVLA guy agreed with me that I posted it, I have a witness to the fact but apparently merely posting it is not good enough! I'm not happy as you can imagine. I have 21 days to consider appealing. Problem with appealing is that I would have to get a solicitor or barrister to represent me and I simply can't afford that along with the risk of costs being awarded against me if I still go on to lose. Another question is - do I appeal the conviction or do I go to the Divisional Court to appeal on a point of law?
  17. Just back from Court 5. I lost! The magistrates had sympathy with me but decided that in the strict interpretation of the law I did not "deliver" the document. I asked for, and was granted leave to appeal. What does the panel suggest I do next? Any thoughts?
  18. That's my thinking too. But there are three Magistrates so I'm wondering if I should prepare a copy for each Magistrate?
  19. Thanks Raykay. I'd still like to prepare my documentation correctly though, just in case it's needed. I could do with some advice how I should do this. Anyone?
  20. Yes, Magistrates. OK, we'll see What had you prepared for the hearing though? Just in case it all goes through to hearing.
  21. Oh, one more thing - What would it be reasonable to ask for in recompense for my costs when I win?
  22. Hello again I'm up before the bench on Thursday afternoon (if anyone wants to come and watch, you're welcome) and, having never been before the mags before I wonder if anyone can advise me of the procedure and what I should do? I am preparing a small bundle of documents to take with me as requested by the Clerk at my plea hearing - should I prepare just two sets, i.e. one for me and one for the bench as a whole, or should I provide a set for each of the three magistrates and the prosecutor? What will happen at the court. I know I have to present myself a half hour or so before the allotted time, but what will happen then? Will I hand my bundle over to the Clerk? Do I take it into court with me? When I'm called in for trial, any pointers as to how things will proceed? Any advice will be appreciated. Many thanks.
  23. Thanks for the advice Raykay.
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