Unbelievable!

Or if your solicitor/barrister had that evidence in their possession and had not told you, there would be issues of negligence too.

That is enough to base an appeal on because the prosecution had an obligation to inform your legal representatives of all the evidence in their possession which would include the evidence of the phone call etc. That you made a guilty plea without that evidence which would have strengthened your case smacks of unfairness. and could be in breach of PACE as well as contrary to Article 6 of the Human Rights Act. Are you sure you can't face an Appeal? It wouldn't involve you in any court appearance, just your barrister etc arguing the case I think. It would put a stop to all the police station stuff etc too, at least for now until there was a proper consideration of your case.

Sorry to hear the outcome. I am quite shocked at the penalty. Sorry you felt you had to plead guilty. Your story seems unfair from beginning to end.... But take my hat off to you for going through it and getting through it - took a lot of courage. So hears to you! Best wishes.

Fingers crossed and good luck from me too!

Maybe the ATOS report could be submitted as supporting evidence for the Crown Court case? Will be keeping fingers crossed too!

Just hope that you get through the hearing okay and that things go your way. Best wishes, will be thinking of you...

Completely agree, well said. Also, just wondered if your solicitor said anything about where the the only evidence about the advice you were given about the pension is contained in your witness statement, and the prosecution can not produce any evidence to contradict that, then might there be no case to answer? Further was it mentioned that it could be said that the overpayment was caused by official error? And that if you were not aware that you were not entitled to the money, then that the overpayment would not be recoverable? If that was right I wonder if the overpayment might be claimed back from the DWP if they drop or lose the case? Don't want to tempt fate but your treatment does reek of injustice...

And in a just world sinkinghelp would receive substantial compensation for the distress and suffering he has been caused by their incompetence, arrogance and viciousness

How convenient....

Best wishes for a successful outcome. Don't let them get you down, keep up your fighting spirit. This is your opportunity to say exactly what happened. I believe in you and others will too.

Hi there, Any new developments? Fingers crossed for you. Best wishes.

Sounds like a very stressful wait. And they don't even have their act together yet? They should give up now.... Anyway, I hope the full disclosure will prove useful to your case when you eventually get it. Well done for getting through it anyway. Best wishes!

Good luck, I hope it goes in your favour. Best wishes!

Sorry, don't know what happened with the typing there. The website is: disney.go.com/mickey/

Good to hear you are still hanging on in there. When I helped my daughter appeal her ESA medical outcome I got a lot of help from a website 'disney.go.com/mickey/'. They produce a really good appeal guidance document which was so useful when she had to appeal her medical outcome. And she won. At that time there was a big issue about recording the interviews, but I think maybe ATOS has been forced to back down a bit since then. Check out the website before you go to your medical because it will help you avoid some of the possible pitfalls. Good luck, hope someone will give some advice about what a plea management hearing is. Keep posting and best wishes.

How is it going now? Any developments? Hope that you are coping with all the stress okay. I know how difficult it is particularly as it goes on and on and on.... Best wishes!

sledge9862, your judicial review argument sounds interesting, could you elaborate on what the skeleton of your argument was? and are you going to be using the same argument in the overpayment appeal? If you could get a precedent in this area, it would help a lot of people, including sinkinghelp!! love your fighting spirit!!

Good luck, and be persistent. Try both.

That caselaw you quoted may be useful, but you need an experienced adviser to put an appeal together I think. You definitely have a potential case there, you just need to find someone who can help you present it in the most persuasive way.

Contact the Shelter helpline, they have a legal advice service or people with housing law problems. Alternatively, you can ask the CAB to access legal advice from Shelter on your behalf.

Maybe someone else knows? Any angle is worth pursuing....

Do you know what the likely consequence of a violation of PACE would be? Would it undermine any prosecution, or would it merely mean that the Council were given a ticking off?

Talk about unfairly weighted against you! Can't you get a solicitor to do the work for you under Legal Aid now?

Re the threat in the letter is it not a breach of PACE guidance to make threats in order to induce someone to attend an IUC? Even if they are later told that they don't have to be there?