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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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sorry in advance as this may be a little bit long winded.

 

my face no longer fits with tptb where i have been employed for over 2 years and so they want me out,there has been many employees before me that have been made to hand their notice in instead of being sacked.today i had a disciplinary hearing where my answers were not even listened to and instead of getting a final written warning i got suspended untill wednesday.

 

at my first disciplinary metting for not following company procedure for paperwork i was given a written warning,this was sometime in november,however at the hearing i brought up a lot things this compnay partakes in which is illegal,eg,not paying overtime when you have been issued with more than the 8 hours i'm contracted for,making us answer work phones out of hours with no compensation,taking money for damages without my consent leaving my weeks pay below the national minimum wage.

 

this was conveniently left out of the official notes when these were handed to me with the written warning so i declined to sign the notes or warning untill the notes were ammended to include everything that was said as i know that once i sign, it means it was a true and accurate record of what was said at the hearing.hr got back to me and we went through everything,i got some things added on but basically came to a stalemate and i have not received any ammended notes or a written warning to sign since.

where do i stand with this?is it on record?is it still gonna count toward a final written?

 

fast forward 2 months and i have another hearing for not following procedure,i made a genuine mistake this time and apologised,but this was not a good enough answer,i have to pay for my mistake out of my wages and i won't be able to recoup the money,so now my employer has caused me a loss.i tried to put my point accross but this wasn't good enough so ha asked me to leave the room.

 

i see he tries to ring someone then my manager goes into the room and comes back out then he asks me to come back in then tells me i'm suspended untill wednesday,on my letter for this disciplinary it says that i may get up to final written warning not suspension so i assume that they hope i hand my notice in to make things easier for themselves which is going to be far from the case if i get sacked.

 

also before christmas,apparently i walked mud onto someones carpets which wasn't the case,and i was to be charged for someone to go out to clean the carpets,but i had to go back there and took pictures of the carpets which weren't dirty at all and these are dated before the company has sent someone out to clean the carpets.i have also suffered racist comments by emails which i have kept e.g sheep shagger and just about any other sheep joke out there and have the docket to prove they took money out of my wages without my consent which took me to below minimum wage,so if i do get sacked i will be going straight to the cab.

 

thanks for reading,any help will be much appreciated.

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What type of job is this???


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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I take it there is an employee handbook laying down diciplinary procedures.


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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yes it states,first warning is verbal,then written on file for 12 months then final written warning on file for 12 months then dismissal unless its gross misconduct which can be instant dismissal

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Ok in the detail of the procedures, in what parts have the company acted improperly in your opinion, is there actual evidence of misconduct that has caused them to loose money?

 

I would make a detailed list of such breaches and copy it to give to whoever is at the next meeting.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yes there is evidence i have caused them a loss but i have been made to pay it back.i have apologised for this,this is the first time it has happened out of approximately 3000 jobs that i have completed for them,others have made the same mistakes on more occasions but as far as i'm aware haven't been sacked over it.

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So if you had to take this to a tribunal hearing would you be able to claim victimisation as others were treated differently?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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i'm not sure on that one?may have to go to cab for that answer.i do have many emails of racist comments towards me and evidence of taking money without consent which can be brought against the employer.

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