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Hello:???: new here and I want to ask a question about claiming costs from court after winning an appeal against a driving conviction, where should i be to ask? I have looked at some forums but can't actually see where I should post my question. thanks for your guidance

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Hello All.. I really would appreciate some advice please.

I recently won an appeal against conviction in Lincoln Crown Court, the Judge ruled that the six points be removed from my license and the £150 I had paid towards the total fine of £865 be returned to me. On the way out of the court a solicitor who had been watching from the back of the court congratulated me and advised I should now claim costs. Now at that time I was just relieved that justice had been done as I originally pleaded not guilty of the offence but failed to go to court to fight my case in person.

Now here's where I need the advice. After originally being found guilty HMCS were on me like a bullet out of a gun threatening me with all sorts of action if I didn't get this fine paid immediately, I phoned them up like the leaflets advised me to do if I was going to need time to pay, the lady I spoke to at HMCS was very polite and told me the installments would be £150 per month! WHAT! no way could I meet that demand, to which I was told if I should fail to pay that amount they would apply to have the money stopped from my wages and have the fine increased with penalties. I really had no option but pay the first installment of £150 as totally expected my bank were soon in touch with the usual stuff regarding my overdraft, and then came the bank statement £85.00 for going over my planned overdraft for eight days, now i'm fuming I was totally innocent and it's cost me a fortune, Lincoln court is a 240 mile round trip and I had to go their twice and pay a small fortune for parking and take two days holiday from work which again I could really do without.

And so finally my question, can I claim court costs? if so what can I claim from who and how?

Again thanks for any advice.

Edited by Gunta
grammer

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Hi,

 

Why did you fail to attend the first hearing? This may have an affect on your ability to claim costs of the appeal.

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Hi,

 

Why did you fail to attend the first hearing? This may have an affect on your ability to claim costs of the appeal.

 

Hiya yes a good question and one that the prosecution picked up on but was straight forward to me at the time. I simply could not afford to get there as i do not own my own car and to get there by train would have meant arriving the day before (a nine hour train journey) At the time I was writing to the CPS and the court asking if they could change the court to a local one for me enabling me to attend, neither decided my request was worthy of an answer even if it was out of the question. I eventually loaned a car from a friend to get to court.

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