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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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swift640s

Work Assesssment for ESA - 6 points scored....ESA no longer available

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Hi,

 

My son had his work assessment earlier this year and he has just received his letter advising him that in the assessors opinion he is capable of work although the writer has recognised that he suffers from anxiety and depression this does not pose any risk to either himself or others in a work place. Where his 'illness' is more of the mind than the body he was able to demonstrate good mobility etc and therefore scored nothing.

 

So the question is where does he go from here, and which is the department most likely to be of assistance to him.

Will he be entitled to his housing benefit? will he have to reclaim that element of his monies? Same applies for council tax. Which living money would he be entitled too? UCredit/JSA/others?

 

Help much appreciated people, in advance.

 

Thanks to all.

swift640s (aka worried mum)

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I would say if he has been declared fit for work it will be JSA

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The first thing you/he should do is look at the descriptors (http://www.legislation.gov.uk/uksi/2011/228/contents/made, Schedule 1) and decide if you think the award of 6 points is appropriate - if you read other ESA threads you will find that people are often given fewer points than they should receive.

 

Your son has 4 weeks from the date of the notice to query the result so this needs to be done quickly. You could also ring DWP and ask for a copy of the report - again, it's not unusual for people to think they've received someone else's report by mistake as the information recorded bears no resemblence to what was actually said.

 

If there's any chance that the assessment is wrong, then mandatory reconsideration (waste of time, but has to be done as part of the process) then an appeal should be the next step.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi,

 

My son had his work assessment earlier this year and he has just received his letter advising him that in the assessors opinion he is capable of work although the writer has recognised that he suffers from anxiety and depression this does not pose any risk to either himself or others in a work place. Where his 'illness' is more of the mind than the body he was able to demonstrate good mobility etc and therefore scored nothing.

 

So the question is where does he go from here, and which is the department most likely to be of assistance to him.

Will he be entitled to his housing benefit? will he have to reclaim that element of his monies? Same applies for council tax. Which living money would he be entitled too? UCredit/JSA/others?

 

Help much appreciated people, in advance.

 

Thanks to all.

swift640s (aka worried mum)

 

You have the option to ask for a reconsideration on the decision and thereafter if that fails an appeal swift640s.

 

Is your son on any medication for his condition, if, so, was this taking into consideration. SF

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I would say if he has been declared fit for work it will be JSA

 

It would be either JCA or Universal credit depends if UC has started in the area you live in, but I would also add has he asked for the Mandatory reconsideration of the ESA assessment results? Have you requested a copy of the report to make sure they have been honest and not left anything out?

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Thank you all so much for your advice's I will pass this on to him and see where it leads.

My concern is that JSA is criteria specific in so much as you must be actively seeking work daily and with mental health issues I am not sure he will meet that criteria... time will tell

 

thank you all

swift640s

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