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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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Lack of support from school - friends disabled child being bullied

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A friend has 7 year old twins. One of them is deaf and wears hearing aids. The children in his class are pulling them out and breaking them. He can't hear without them. She's spoken to his teacher who has said "we can't watch 35 children at the same."

 

His aids have been sent off to get fixed and he has nothing in the meantime. He will struggle in the meantime. He's not profoundly deaf and receives little / no help and won't receive help whilst the aids are being fixed.

 

The teacher replied that as children who are in year 2, (6 & 7 year olds) they should be taking responsibility for themselves.

 

School claim he doesn't have a problem as he lip reads. She's rung the school and is hoping to speak to the head later.

 

What are her options, please? He can't reach his full potential because the other children are pulling out his hearing aids, meaning he can't hear properly. I have told her to mention the Equalities Act - he can't reach his potential due to the lack of support.

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It seems to me to be unreasonable to suggest that 6 and 7 year olds should take responsiblity for themselves , particularly as the school has a duty of care when children are in attendance. I would write to the Headmaster outlining the problem and request written response. If this course of action fails you could take it up with the local Education Authority.

 

I have taken the following statement from Scottish policy, however I would imagine the same guidlines exist nationwide.

 

16 If a pupil is having a problem at school and the parent wishes to resolve it or if s/he wants to discuss or challenge a decision about her/his child's education, there may be a number of options. For example, in most cases it will be possible to solve the problem by informal talks with the school. In more complicated cases a parent may have to take further action, for example, contacting the education authority, or making a formal complaint. In these cases it may be advisable for a parent to seek advice and or support from a specialist organisation.

 

I hope this information is of assistance.

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Thank you :) I did say (and so did a few others) that it's unreasonable for 6 & 7 year olds to take responsibility. The friend has asked to see their bullying policy.

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I have a son with aspergers. He's now 16 but due to some bad teachers (two of whom were SENCO's) he had some really bad experiences with bullying. There was little I could do at the time, but now there is something called the Equality Act. It basically says that if a child is in a protected group (i.e. has a disability) the school has a responsibility to enable equal access to education. I would assume that would mean ensuring your friend's son's hearing aids aren't damaged in school. The 'he should be responsible for his hearing aids' excuse will just NOT wash nowadays. There is very clear protection for children with special needs now.., thank goodness.

 

My son is still in school and I recently contacted http://disabilityrightsuk.org/contact.htm. For the first time, I had found an organisation who knew their stuff and were able to advise in a useful way. They gave me very clear advice on where to get help and what my son's rights were. I hope this helps you.

 

BTW I found my son's school did not even know what the Equality Act was.., they're not a bad school, but very ignorant on what equal access means and the impact of special needs. I'm sure a lot of schools are like this.

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Hi

 

A good way to show them you mean business so to speak is do as advised and put your complaint in writing to the Head of the School concerned but also CC your letter to the Local Education Authority and send them a copy. That way you are showing the school that your letters also went to local authority so they will have to be very careful in how they deal with your complaint.


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Thanks. I did tell her to mention the Equalities Act. From experience, that doesn't always work.

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