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PostPosted: Sat Feb 24, 2007 00:18 
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Hello have browsed yoru site which looks most informative and so this is my first stop with this question

IN 2005 i was given 6 points for a 42 in a 30.. Yeap i thought i was in a 30 no way i would have done 40! in a 30 if i was on the ball.

Anyway got given £170 fine and 6 points.

I appealed the month after and had to close the appeal as I became neurologically ill.

The illness is Lyme Disease which slowly destroys your character, ability to think rationaly and eventually stopped me walking along with memory recall problems and i would never of coped with a court hearing and there was no way i could have made it to Taunton from Bristol as i was in perminent vertigo.

This was the reason i could not conitue the appeal.
I am now 18 months later in recovery and able to pick up where i left off so rang the courts who advised i can not appeal now due to the opening of the appeal a month after the hearing and me not completeing it.

I have contacted a solicitor to gain information as to if it is possible to get this appeal running again and have been advised it is.

Sadly to gain further information on what steps to take i would have to pay £60 of which i have not got.

My grounds for the re-appeal with all medical records supporting evidence if necessary, i was not of sound mind and incapable of rational thinking.
A status i had no way of knowing when the offence happened and at the court date.

I wish to try and get the 6 points lowered, as when I have fully recovered this will be the only thing holding me back from employment as i have always been employed as some type of driver and held a clean license.

It seems companies are willing to accept 2 offences at 3 points a time,
But not one offence = 6 points

If any one has any advice on the re opening of the appeal i would be greatful for the help.. :)

Lymer.


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PostPosted: Sat Feb 24, 2007 01:19 
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Hi and :welcome:

I would have thought you would be better off finding out if you have much chance of winning the appeal first.

You'd be best popping along to http://www.pepipoo.comand ask them.

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PostPosted: Sat Feb 24, 2007 01:21 
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Thank you Graeme and at such a late hour. :shock:
will have a read now.

:)


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PostPosted: Sat Feb 24, 2007 01:45 
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Your last appeal might be argued was against being found guilty not necessarily against the severity of the sentance?

What did you do to antagonise the judge to get 6 points for 40 in a 30?
What was the fine and what was costs?

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PostPosted: Sat Feb 24, 2007 21:08 
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You are probably aware that there are two sorts of appeal.

An appeal against sentence only.

An appeal against conviction AND sentence.




Normally an appeal out of time due to a medical condition would be allowed following production of a letter from a doctor confirming the illness.

The normal practice is to appeal to the court that convicted you. In this case an appeal has already taken place which is not somehting I have seen before. In your position I would go the CAB and get a free interview with one of their lawyers in order to find out how to go about this.

Failing that I would write to the crown court where the appeal took place, quoting the case reference, and see what they say.


Based on your first post I am sure that it is in the interests of justice to re-open the case.


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PostPosted: Sun Feb 25, 2007 05:37 
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Lymer :welcome:

I am deeply gutted for you that you had to endure what I am sure is the misery of Lyme. I myself have had more than my fair share of ticks during my various training courses, and know that it is a constant worry, if you are even aware of them in the first place!

As far as your appeal goes, my best advice is do not take the advice of those within the court system, but seek your own independent advice. I have no idea whether legal aid would be available in a case such as yours, but it is worth investigating, since it is no doubt in the interests of justice.

As for winning the appeal, and presuming you are merely appealing against the severity of the sentence, I would have thought that you would be able so show that similar cases to yours have been sentenced more leniently in higher courts than the mags'. This also presumes, of course, that there were no aggravating factors in your case; any more information you can give us would be interesting, and may enlighten us as to the reasoning behind the sentencing.

I'm genuinely glad you are on the mend!


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PostPosted: Sun Feb 25, 2007 05:39 
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fisherman wrote:
In your position I would go the CAB and get a free interview with one of their lawyers in order to find out how to go about this.


Citizens' Advice Bureau if you were not aware of the abbreviation. A useful resource!


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PostPosted: Sun Feb 25, 2007 11:42 
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RobinXe wrote:
fisherman wrote:
In your position I would go the CAB and get a free interview with one of their lawyers in order to find out how to go about this.


Citizens' Advice Bureau if you were not aware of the abbreviation. A useful resource!


CAB advice is somewhat variable, and I'd recommend caution if they try to give you advice themselves rather than putting you in touch with 'expert services' of one sort or another.

That's not to say that they don't do a great job, but the more specialised your needs the more their weaknesses can show.

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PostPosted: Sun Feb 25, 2007 20:21 
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fisherman wrote:
You are probably aware that there are two sorts of appeal.

An appeal against sentence only.

An appeal against conviction AND sentence.




Normally an appeal out of time due to a medical condition would be allowed following production of a letter from a doctor confirming the illness.

The normal practice is to appeal to the court that convicted you. In this case an appeal has already taken place which is not somehting I have seen before. In your position I would go the CAB and get a free interview with one of their lawyers in order to find out how to go about this.

Failing that I would write to the crown court where the appeal took place, quoting the case reference, and see what they say.


Based on your first post I am sure that it is in the interests of justice to re-open the case.


Hi Lymer and :welcome:

OK.. have a check and make a post on the pepipoo site as Graeme suggests. Then check out CAB who may have a listing of all the legal bods in your area who do offer a free advice session of about half an hour. Check out your MAIN library's reference section as well for a list of potentials.

Have you been back to the doctor treating you for this? He can back up just how this affected you as well.

For those not aware of this illness.. it's a bacterial infection which affects the skin. Called Lyme Disease after a town called Lyme, Connecticut had a spate of arthritis in its community in 1975.

It's caused by a a micro-organism called "Borrelia burgdorferi" .. transmitted by ticks which live on wild mammals - deer and rodents. The disease is spread to humans via its bite when the bacterium is injected into the bloodstream with the tick's saliva.. or deposited on the skin by the tick's faeces.

What does it do to a human being? Arthritis mainly. Symptoms are red skin, tiredness, chills, fever, muscle and joint pains and swollen lymph glands.

Relatively rare in the UK (is increasing a little though ) .. so I reckon you lived in USA or near deer or in rural setting for a while. :?

Incubation period varies from three days to several weeks. Bite does not always result in inflammation .. but the most obvious sign of infection with Lyme is an itchy red spot on the thigh or groin or armpit. This spreads to a circle .. going paler at the centre. You get the aforementioned symptoms around this phase.

It then can attack the heart muscle in some patients.. dizziness, shortness of breath and chest pains. If it goes for the nervous system . headaches and stiffness result .. and this leads to arthritis Sounds to me as if this is how this affected you.. vertigo would be very likely. It can also cause swelling of the membranes covering the brain and spinal cord... a form of meningitis.

We usually treat with antibiotics , gentle exercise regimes at the first signs of the rash.. or coticosteroids if diagnosed later. Even then the sufferer will be prone to muscle and joint pains in 50% of cases for some time thereafter. It should be noted that all drugs have side effects as well.

We still do not have a decent vaccine for this disease .. so best to keep the pets free of ticks and use a quality insect repellent in the summer.


Sentence is unduly severe though for 42 mph in a 30 mph. Fixed Penalties have been offered for up to 45 mph to my knowledge .. even in Lancash£££££re.

This is where justice becomes a farce .. with decisions based subjectively on the magistrates and judges on the day. We know of one case whereby the claimant admitted he was speeding, did not see the defendant .. and yet the defendant still lost "because the biker was more vulnerable than the car driver who had stopped at a solid white with a big red hexagon which means :stop: :banghead:

I would certainly look to see what free advice is available and take advantage of any "free consult" sessions. Nothing to stop you checking out more than one .. as you do need to shop around for a decent solicitor who comes across to you as "knowing his stuff and with whom you establish a working relationship"

Best of luck .. pleased to read you are recovering too. By the way .. points stay on licence for four years and you have to declare for five of them. Try to mitigate as best you can too.. by taking some training with an ADI to get yourself back into the swing of the traffic.. and consider an IAM .. which may curry some favour with the insurers in your situation.

My own wife re-did her IAM and her RoSPA before taking to the road again when she recovered from a nasty setback in the past. It helped get a decent quote after an absence from the road. (She has never received any fines or points in her life.. the setback was the result of someone in the throes of death hitting her car .. rather hard. All on here know this.. but you are new. :wink:)

Best of luck anyway.

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PostPosted: Sun Feb 25, 2007 21:09 
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Mad Moggie wrote:
Sentence is unduly severe though for 42 mph in a 30 mph.
Unless you have a lot more case specific information than is posted here this is no more than a wild guess.

What is, or is not, appropriate as a sentence for any speeding case that reaches court depends on a lot more than the numbers.

As a matter of fact the guideline sentence for a simple (ie no aggravating or mitigating circumstances) 42 in a 30 limit is 4/5 points OR a ban of up to 42 days.

It wouldn't take much in the way of aggravating features to push 5 points up to 6.


Mad Moggie wrote:
This is where justice becomes a farce .. with decisions based subjectively on the magistrates and judges on the day.
An even wilder guess than the last one.

Sentencers listen to all the information put forward by both sides.
Then they work out the aggravating circumstances - if any.
Then they work out the mitigating circumstances - if any.
Then they take into account any features of the offender - early guilty plea, previous record (good or bad)
Then they balance all those factors to arrive at an estimation of seriousness.
If they feel a disqualification is merited the offender is asked if he would like to make an exceptional hardship claim, which if successful will avoid the ban.
Then they sentence in accordance with the guidelines.
All of the above is recorded on a sentencing record form which will be available at any appeal that may be made.


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PostPosted: Mon Feb 26, 2007 02:36 
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fisherman wrote:
What is, or is not, appropriate as a sentence for any speeding case that reaches court depends on a lot more than the numbers.


Gosh really? There we were thinking that it was all about the numbers!


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PostPosted: Mon Feb 26, 2007 22:34 
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fisherman wrote:
Mad Moggie wrote:
Sentence is unduly severe though for 42 mph in a 30 mph.
Unless you have a lot more case specific information than is posted here this is no more than a wild guess.




We know of rather a lot of folk who received FIXED PENALTY for this speed - up to 45 mph on a Gatso. They obviously did not qualify for the Speed Course :roll: .. but even so.. they still had the standard fine. Why this seem OTT result for this person.

Perhaps he had the defiance to complain - but ist not clear whether BiB stop or ping from his post anyway. Perhaps if a BiB .. then some other factor in the driving.. which may be related to the Lyme Disease. (Ist a nasty little one. My firm ist more dealing with virus und cancers. Our competition based in the USA may have an effective weapon to bash this bacteria into complete surrender soon though. But this does not help Lymer immediately though :roll: Und remember .. hurdle through US licence does not mean "cleared for UK und Europe" either. :roll:

Quote:
What is, or is not, appropriate as a sentence for any speeding case that reaches court depends on a lot more than the numbers.

As a matter of fact the guideline sentence for a simple (ie no aggravating or mitigating circumstances) 42 in a 30 limit is 4/5 points OR a ban of up to 42 days.

It wouldn't take much in the way of aggravating features to push 5 points up to 6.


As I mention above My English may not be as good as Mad Doc's .. but I think I do see thing a little better than a mere male anyway :wink: His explanation of Lyme's ist accurate und he try to couch anything medical in passing in simple explanatory lingo .. with no jargon ... We try to help folk to understand Lymer's problem here und not judge him .. und our lurks will do just that :wink: as you know. Besides .. if we help folk recognise a symptom to work on.. und improve their health.. all the better. :wink:

But .. I agree that we do not know what other factor prevailed if Lymer was tugged by real Plod und not Gatso if he did not get a NIP. But then as mentioned.. he could have been in throes of Lyme's at the time .. undiagnosed at that point.. but medical evidence from timing could be one angle of argument for him to look at .. assuming his appeal can be re-opened due to these extenuating circumstance for him.

But this was perhaps :? not available at his first court hearing when he was awarded a severe penalty when you consider someone Mad Doc reported in Bolton press only got 3 points for a very careless driving case :roll: Und the one who killed the vodka swigging teenager received 6 points on licence.. He did drive at an alleged 54 mph in a 30 mph zone as well. It ist when you measure these punishment side by side .. that you have to ask hard question as to what exactly consitittute justice in this country. :roll: Mad Doc reported it on here und on PH as "Six of One/Half Dozen of the Other" when this story broke in the regional press for North West England. She was drunk. He was tooling it. He was originally charged with "death by dangerous".. but the two bottles of vodka consumed by a little girl late at night.. rather impacted on prosecution's case. As a Mama .. I do wonder about why she was out so late.. und I am appalled that someone was stupid enough to sell her this stuff as I am under impression that this ist also illegal und can be whopping fine und even jail term. :furious: (ja.. I do know that young girls appear older than are with make-up, boobs und sassy clothes.. I jazzed myself up that way as teenager und turn :yikes: into my own mama when my own girls do this :oops: We have the little talk about sluts und tartlets at this point :wink: )


Ja.. I digress.. I chatter on as usual. But I try to show that perhaps this was a bit severe when you look at what get passed down for much more serious daftness on our roads .. und one has to say that if pinged normally by Gatso at such speed .. he get the Fixed Penalty which ist less in any case. (I know Liebchen.. he does not actually say so in the OP.. but it sound like a "tug" und something else must have been reason for that severity.. und we cannot rule out Lyme's was making its presence known to him at that point.. but he ist hardly one of the "Burton" cash which can find evidence of "automatism" in any case - can we :banghead: I sympathise with the chap if really "automatism" .. but whatever the truth in that case.. he has to live with his conscience und ultimately .. "what go around come around" anyway.)

Quote:

Mad Moggie wrote:
This is where justice becomes a farce .. with decisions based subjectively on the magistrates and judges on the day.
An even wilder guess than the last one.

Sentencers listen to all the information put forward by both sides.
Then they work out the aggravating circumstances - if any.
Then they work out the mitigating circumstances - if any.
Then they take into account any features of the offender - early guilty plea, previous record (good or bad)
Then they balance all those factors to arrive at an estimation of seriousness.
If they feel a disqualification is merited the offender is asked if he would like to make an exceptional hardship claim, which if successful will avoid the ban.
Then they sentence in accordance with the guidelines.
All of the above is recorded on a sentencing record form which will be available at any appeal that may be made.


OK .. ist a civil case we know .. but even so.. guy admitted he was speeding und on wrong side of road und not complying with Highway Code when he collided with a vehicle on a bend. But he denied liabilty und the plaintiff was injured. It was one word against the other as no independent witness. Judge incredibly found for the defendant .. saying the Highway Code was just a Code. :banghead:

Take Dan Cadden the cyclist's period of complete "angst" as a result of an incredibly incompetent judge .. und the expense of trying PC Milton twice.. plus the blinkers on the judge in charge of the case of the Chinese Takeaway... und you have some pretty hard questions to ask of Lady Justice in the UK.

We also know of a lady who was hit up the rear end whilst at traffic lights. The person who hit her car on the far RIGHT REAR ... claims "she changed lanes" when she had been stopped at the lights.

No independent witnesses sadly. Her insurers play very fair with her. They know not possible for damage to occur if hit per his claim. They even tell her his own insurers doubt his story ... but since he claimed for injury und hire cars.. und they paid up initially believing his story.. they now want cash back. :roll: The insurers inform her of his version .. und ask for comment. She reply. He change story to fit even. It now go to court. The lady sobbed into her drink with us at our local over weekend. She say her insurers support.. even rejected a back out appeal for 50:50 from the other chap's insurers. The solicitors they hire say she has a strong case .. but still warn her "that judges are very strange people und that it depend who they get.. (apparently elderly geezers are best und wimmin are "'opeless" :roll: :hissyfit: ) und who ist believed on the day as well. :roll:

The firm ist local und very reputable. We hired them to fight for my rights after that little episode of mine. For them to warn of this .. tell us plenty about "so called justice" system :roll:

I do hope Lymer can get his appeal back up und running. In meantime .. point stay on licence for 4 years. Declareable for 5 years. He ist already 18 months into recovery.. so perhaps two years since conviction. I reckon he may have another year or so to go before fully normal. Shop around for best quote under circumstances und do seek out und take advantage of any free advice clinics for this case.

Hope it work out well for you.

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PostPosted: Mon Feb 26, 2007 22:58 
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Just for clarification.

I am not suggesting that the penalty imposed was correct. Or that it was incorrect.

I am saying that there is insufficient information on which to base a meaningful opinion.





If he can prove that he had the illness at the time of the offence, that it would (balance of probabilities) be likely to cause him to drive to a lower standard and that he would have been unaware that he was unfit to drive he has a good basis for a guilty plea and special reasons not to endorse.


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PostPosted: Mon Feb 26, 2007 23:20 
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fisherman wrote:
Just for clarification.

I am not suggesting that the penalty imposed was correct. Or that it was incorrect.

I am saying that there is insufficient information on which to base a meaningful opinion.





If he can prove that he had the illness at the time of the offence, that it would (balance of probabilities) be likely to cause him to drive to a lower standard and that he would have been unaware that he was unfit to drive he has a good basis for a guilty plea and special reasons not to endorse.


Ja.. und to lieben Lymer.. make sure your medic makes it plain that you were unable to drive or work through this illness.. but have recovered fully.

I would also after such a break.. invest in a session or two with an ADI to re-adjust yourself to the roads und the increased busy nature of them. Take a look see at your local IAM as well. All of these can help a little as you shop around the "confused.com, insurance supermarket site und compare quotes from the brokers as well. "Victoria und Albert", Fortis, und one or two other small but quality firms may be able to offer you a fair quote under your special circumstances.

You also say you have always been employed as driver. Perhaps whilst you are now in the latter phase of recovery und able to really assess all your options.. perhaps now ist the time to seize an opportunity to broaden all your options.

Sit down. Take deepest breath Liebchen.

List out all your qualifications to date.

Then list out each und every skill other than driving. You will be suprised at how many other transferable skills you have on a "self audit und evaluation"

Look at your strengths. Consult CAB und Adult career services. Look at all adult education/vocational courses which you may even be eligible for GRATIS.. FREE as recipient of incapacity or other benefit due to this tempo illness of yours.

You never know.. you may find your true vocation. Positive usually follows a negative you know.

You never know.. things have a way of hitting a silver cloud when you hit rock bottom und begin to push yourself back to surface again.

Liebchen.. I did go through that black hole after the accident my husband mention. You have to look to the light und make for it. I think you will make it. :wink: though.

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Ich setze mich immer wieder in die Nesseln! Der Mad Doc ist mein Mann! Und ich benutzte seinen PC!

UND OUR SMILEYS? Smile ... und the the world smiles with you.
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Fine me for Safe Speed
(& other good causes..)

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But if you lose the driving plan - don't lose the COAST lesson.
Me?
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PostPosted: Sat Mar 03, 2007 10:14 
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Im quiet overwhelmed by the amount of support thank you all so much for replying i had almost given up and im so pleased i returned.

This is going to be a bit long , i feel i have to give time to the Lyme subject as it is such an awfull disease and experience and facts is all that will save others in the future. I will repost again after regarding my fine and again will highlight as much as possible.

lyme disease is not rare in the UK but only ignored by the health authority. I have paid £500 to have my blood sent to california because England chooses not to widen its criteria for a positive result. California have had the most accurate testing for many years now so there is a known test but the Uk will not fund it as it do not want to know the true results.

There are other ways of resolving the problem, in russia Lyme Disase is so bad that they prescribe antibiotics while sending a test and diagnosis is reached mainly by the results of treatment. Here we are given 4 weeks treatment when it is known that 6 months is the most effiecient.

It only takes 4 weeks for the disease to become active enough in your body to give neurological problems in later years as severe as I have had. Yet a test in the UK takes 6 weeks to return and GPs will not treat while waiting.

Even worse is when blood tests go missing and it takes 3 months to turn around, this has just happened to mine and my sons tests, both taken from different clinics but both heading to the same labratory.

Now thats slim odds of that happening to the same people in the same home. Who in my opinion both have Lyme Disease.

I have paid for private treatement into the thousands and even now im walking and have improved 80% my NHS GP still will not take on my case even thou the NHS clearing house quoted that Lyme disease is to be treated on a clinical diagnosis and only to be backed by a positive blood reading when possible. The results of treatment then qualify as confirmation.

However no one is taking this on board.

My son also suffers and has 8 days off sick a month and still my GP says no.

That for me is so deeply upsetting as I watch him struggle and know in 5-10 years time if my son is not treated then he will also loose the use of his body and mind. I hope soon when i return to work I will raise enough money to start him on treatement early enough for him to gain a better quality of life.

The private doctors in the Uk that help us amount to 3 and they are witch hunted the same as doctors in the USA, they are scrutinised more so than other private doctors and will be closed down at the slighest oppurtunity given to the government, lyme is a political Disease and people suffer for that reason alone.

I could not possibly enter all my experience here but briefly I almost walked away from my family and home to sleep in shop doorways, and at my worst i had concidered ending my familys lives. this is not a disease to be under estimated.

I was suicidal everyday and if i had not of found my Lyme doctor or had the funds to pay for treatement I would have been a seriouse threat to society and myself, yet the only diagnosis i was given was stress and depression and given anti depressants and more or less told to get on with it.

I allmost died on lithium and when my symptoms became unbearable it was commented that i wanted to have a problems so imagined them, it was only when my heart stopped did anyone realy care.

The ignorance is vast and a wake up call is not far away, I can not stress enough how important it is to gather knowledge of this disease to keep families safe in the future

Where there is a furry or feather animal there is high risk of lyme disease.

With travelers from all over the world and migrating birds it will not be long untill the stronger strains spread.

A tick can live for 5 years with out feeding and a female 12.

I will happily give more indepth details of my experience/ symptoms/ charts/ detoxing anything i have if anyone wishes to contact me please feel free to do so, it is a dibilitating disease and a very lonely place to be and contact with other lymies around the world is what kept my head above water, so please drop me aline.

Juebs14@hotmail.com

not sure if emails are allowed please delete if its wrong.

Ok on to fthe fine better start again :-)


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PostPosted: Sat Mar 03, 2007 11:16 
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I have no paper records of 2005 but found a disc with some letters on it. The emotions it stirred where awfull as i remember the full extent of my situation.

oh yeah better adivise now i'm female but not to worry its not easy to tell on the net. Ive also done the pepipoo site but not had one reply and i di it the same time as this post.

Again this is a long post one and all quiet unbeliveable.

In 2004 i took a job as an emergency alarm responce officer, who also covered a vast area of static gaurds.

At the time i was employed it was not relayed to me that my officer in charge was under investigation for being drunk on duty.

I lasted at that job 25 days, I was dumped in the middle of a full area collapse, and I feel there was an attempt to make me the escape goat for everyone!!.

I had gaurds not being attended to in accidents as no records where wanted with energency services so 999 was the last option allowed, yet i had no back up driver of which should have been my manange but he was always drunk and could not attend when on call.

The only other driver who had been standing in untill my employment and over my first few days never even held a license as that had been taken away for drink driving offences( this is important i shall get there in a while)

Ok on the 12th /13th 16th/18th of 1 month there were speeding tickets, all via fixed cameras, i think 3 from the same camera. All where directed straight to my address by the employer, i was totaly devistated. This i found out as i was leaving my job was a regular occurence on this route with all drivers???

My address was given out to a new employee who was taken on at the same level as me so he could give my details for redirection, yet the choice was never offered to myself.

I fully belive i was employed by the alcholic manager to fail, so deflecting his incompetance in some way.

I instisted that records be shown for the 12th and the 13th.

I proved my employer was lieing regarding me driving on the 12th and i advised teh camera unit why they would of and it was because teh man actaully driving held no license.

The 13th I had all paper work regarding a hospital attendance with an injured gaurd of whom i had to get to hospital as i was forbidden to ring an ambulance. If a sight is to have to many emergency call outs for injurys attacks it is investigated and classed a s aviolent area and this then reflects back on the company gaurding it. Anyone whos worked in these circles will understand the awfull state some guys work under.

Sadly i can not put to much detail on here regarding places or even where i got my camera flash as it will coincide with my route and employer.

I will come back to the 13th later ( the 13th was me driving and was heard in my local court with me present only after theses 6 points on another fine had been issued in another court)

The 17th I was not working on that evening and the fine was sent to the new manager who should have recieved it in the first place!!


That left me with the 18th in my name of which right up untill court i always advised that if it was my crime then i will pay a fine and accept guilty, but please insist on clarification in the form of paper work from my employer. .

I had done 15 nights straight of 12 hour shifts with 2 nights off in which they had the check to ring me to go in, then i was on another 5 nights.

There was no orginaistaion and no paper work, i was at work when someone else was supposed to be, my wages where wrong as the timetables where wrong. It was a total mess. therefore my argument was that they had already sent 4 fines to me as they themselves had no clue as to who was on duty.

There fore how can they inist i was driving on the 18th, with out paper proof of my presence. There is paper check sheets for the propertys i searched and locked down and all the employer needed to do was present one but they were never asked too.

by the time of the court cases i had naturaly resigned from the job, and now contact and information to me was in lock down.

I was told by the camera unit and courts it was up to me to provide evidence from my employer. I insisted it was the camera unit who should request confirmation but they did not bother and it went straight to court.

I requested to have any fines going to court to be heard in one court this was also not actioned.

Eventually when i got to my local court and showed teh hospital report for teh evening of the 13th the judge was a very kind lady who took it all on board, she also advised me that if i had teh funding i would of been in the position to have better representation and to have had both fines heard under her, she aploigised! fro not being able to alter the 6 points as they were now out of her jurisdiction and she fined me £30 and no points, she advised if i had teh representation then totting up? could have been applied and my license woudl not of suffered so badly.

I had sent letters to the court that applied teh 6 points explaining My mum had just had cataract operations and she was loosing her sight, her partner is registered blind and i am thier sole driver leaving closest at 22 miles.
If I gained to many points i would lose the car and employment and i would be greatfull if the fine could reflect more than the point.

thats it realy i feel i was let down terribly by the camera unit.

I do hope I havent left anything out. Im sorry its such a mess and muddle hope you can see now what i was upagainst and becoming so ill was just unbearable.

I must have sent 13 or more letters to the camera unit in a space of a month and in the end i was overwhelmed with it all.

A bit of good news..
I have rechecked my paper work regarding the 18th and the speed was 40 in a 30 and not 42


please feel free to kick me if i have left anything out.
Just the memory of teh feeling of unfairness and bullying is awfull to relive as thats what i felt like i was being bullied by my ex employer.

Thanks every one for helping out with this.
Lymer

assesing my qualifications - i have none but trained Accounts to send stage AAT crash course 1 year for 2 years, went into finance Account manager calling door to door aiding over due accounts needing driving .

long time ago Laptop technition, monitor calibrator, all these things i can not fall back on i have to much memory loss of them.

All my passed jobs main jobs have gone hand in hand with driving.

I have done some voluntary victim support which again i need to get to appointments as i wont do local calls. i feel this is something i can do again as its not so much learning calculations as it is empathy and listening. So i look forward to starting again.

My future is realy manual work in store not great wage better with driving if possible... i can relearn but i cant store information its drained by the next day. SO im not reliable enough to do much else.


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PostPosted: Sat Mar 03, 2007 13:08 
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Blimey Lymer .. hard to know exactly where to start .. or help here.



lymer wrote:
I have no paper records of 2005 but found a disc with some letters on it. The emotions it stirred where awfull as i remember the full extent of my situation.

oh yeah better adivise now i'm female but not to worry its not easy to tell on the net. Ive also done the pepipoo site but not had one reply and i di it the same time as this post.

Again this is a long post one and all quiet unbeliveable.

In 2004 i took a job as an emergency alarm responce officer, who also covered a vast area of static gaurds.

At the time i was employed it was not relayed to me that my officer in charge was under investigation for being drunk on duty.

I lasted at that job 25 days, I was dumped in the middle of a full area collapse, and I feel there was an attempt to make me the escape goat for everyone!!.

I had gaurds not being attended to in accidents as no records where wanted with energency services so 999 was the last option allowed, yet i had no back up driver of which should have been my manange but he was always drunk and could not attend when on call.

The only other driver who had been standing in untill my employment and over my first few days never even held a license as that had been taken away for drink driving offences( this is important i shall get there in a while)





On this issue... have you been down the ACAS/Grievance/Employment Solicitors route? If you were a new employee on induction and the policy was to have a back-up driver (who if drunk on duty was guilty of very probably an offence which should be rewarded with an immediate P45 [i] especially if this job required him to drive :furious:) - then I think you should see if you can take retropective porceedings. I think there is a cut off for Employment Tribunals of three months.. but worth looking into your options here just the same given the illness /incapacity factor and the seriousness of placing someone currently being investigated for being drunk on duty in a post in which it is very likely he could drive a car or be supervising a driver out there. To me .. he should have been suspended pending investigation at the very least and sacked immediately if proven drunk. I will not say too much on line.. but we would be sniffing around that firm if here and we knew this was going on.

Quote:

Ok on the 12th /13th 16th/18th of 1 month there were speeding tickets, all via fixed cameras, i think 3 from the same camera. All where directed straight to my address by the employer, i was totaly devistated. This i found out as i was leaving my job was a regular occurence on this route with all drivers???

My address was given out to a new employee who was taken on at the same level as me so he could give my details for redirection, yet the choice was never offered to myself.

I fully belive i was employed by the alcholic manager to fail, so deflecting his incompetance in some way.

I instisted that records be shown for the 12th and the 13th.

I proved my employer was lieing regarding me driving on the 12th and i advised teh camera unit why they would of and it was because teh man actaully driving held no license.



The 13th I had all paper work regarding a hospital attendance with an injured gaurd of whom i had to get to hospital as i was forbidden to ring an ambulance. If a sight is to have to many emergency call outs for injurys attacks it is investigated and classed a s aviolent area and this then reflects back on the company gaurding it. Anyone whos worked in these circles will understand the awfull state some guys work under.

Sadly i can not put to much detail on here regarding places or even where i got my camera flash as it will coincide with my route and employer.




See a solicitor ... urgently. This is a conundrum which appears to have perverting the course of justice if taken at face value on one finger, employment law issues on another and one severely rogue firm on another.

If this driver can be proven to have been driving whilst disqualified on firm's business and with the full knowledge of this "employer" - then we have a very serious criminal offence being committed. I would advise seeing a solicitor urgently who will also help you deal with this with the police who will no doubt want to investigate this.

You do not owe this employer any misplaced loyalty. If this situation occurred as you post .. then this is a serious matter and warrants some investigation - if only to protect other road users as well as try to get some kind of justice for you.

Quote:
I will come back to the 13th later ( the 13th was me driving and was heard in my local court with me present only after theses 6 points on another fine had been issued in another court)

The 17th I was not working on that evening and the fine was sent to the new manager who should have recieved it in the first place!!


That left me with the 18th in my name of which right up untill court i always advised that if it was my crime then i will pay a fine and accept guilty, but please insist on clarification in the form of paper work from my employer. .

I had done 15 nights straight of 12 hour shifts with 2 nights off in which they had the check to ring me to go in, then i was on another 5 nights.

There was no orginaistaion and no paper work, i was at work when someone else was supposed to be, my wages where wrong as the timetables where wrong. It was a total mess. therefore my argument was that they had already sent 4 fines to me as they themselves had no clue as to who was on duty.

There fore how can they inist i was driving on the 18th, with out paper proof of my presence. There is paper check sheets for the propertys i searched and locked down and all the employer needed to do was present one but they were never asked too.

by the time of the court cases i had naturaly resigned from the job, and now contact and information to me was in lock down.

I was told by the camera unit and courts it was up to me to provide evidence from my employer. I insisted it was the camera unit who should request confirmation but they did not bother and it went straight to court.

I requested to have any fines going to court to be heard in one court this was also not actioned.

Eventually when i got to my local court and showed teh hospital report for teh evening of the 13th the judge was a very kind lady who took it all on board, she also advised me that if i had teh funding i would of been in the position to have better representation and to have had both fines heard under her, she aploigised! fro not being able to alter the 6 points as they were now out of her jurisdiction and she fined me £30 and no points, she advised if i had teh representation then totting up? could have been applied and my license woudl not of suffered so badly.

I had sent letters to the court that applied teh 6 points explaining My mum had just had cataract operations and she was loosing her sight, her partner is registered blind and i am thier sole driver leaving closest at 22 miles.
If I gained to many points i would lose the car and employment and i would be greatfull if the fine could reflect more than the point.





My head is reeling a bit. I think I will re-read a few times and come back to this later. But I think still you need to see about taking some action against this cowboy company you appear to have been working for.

Quote:
thats it realy i feel i was let down terribly by the camera unit.




Policemen like me .. will know who was driving as we look the driver's in the eye and deliver an acid lecture along COAST lines :wink:

Camera Partnerships .. you are talking to computers and not people. :roll:

Quote:
I do hope I havent left anything out. Im sorry its such a mess and muddle hope you can see now what i was upagainst and becoming so ill was just unbearable.




I think I can read that you are still a bit poorly in this post.

Quote:
I must have sent 13 or more letters to the camera unit in a space of a month and in the end i was overwhelmed with it all.

A bit of good news..
I have rechecked my paper work regarding the 18th and the speed was 40 in a 30 and not 42


please feel free to kick me if i have left anything out.
Just the memory of teh feeling of unfairness and bullying is awfull to relive as thats what i felt like i was being bullied by my ex employer.

Thanks every one for helping out with this.
Lymer




I should certainly contact a solicitor about the ex -employer. There is legislation covering employment and harrassment in the work place. You could also try contacting the unions. Even if you are not a member .. I think the T&GW are collating some information over bullying at work issues. They do have some useful information leaflets which you can obtain on-line. Also ACAS has a lot of useful stuff on line over this.

Quote:
assesing my qualifications - i have none but trained Accounts to send stage AAT crash course 1 year for 2 years, went into finance Account manager calling door to door aiding over due accounts needing driving .

long time ago Laptop technition, monitor calibrator, all these things i can not fall back on i have to much memory loss of them.




E-learning.. Learning Direct... local college and adult classes. See what can be re-kindled and refreshed to current levels. The basics will be in sub-cosncious... you just need to bring yourself back up to date and up to speed.

Have a look to see if there is anything new as well. CAB and local library can help you.


Quote:
All my passed jobs main jobs have gone hand in hand with driving.

I have done some voluntary victim support which again i need to get to appointments as i wont do local calls. i feel this is something i can do again as its not so much learning calculations as it is empathy and listening. So i look forward to starting again.

My future is realy manual work in store not great wage better with driving if possible... i can relearn but i cant store information its drained by the next day. SO im not reliable enough to do much else.



Don't give up. It's good that you want to get up and going again. Plenty would simply go to Incapacity Benefits. Set yourself some realistic memory stimulating goals.. then try to gently build a bit further each day. Reward yourself each time you achieve this goal - and keep these goals into attainable chunks as this will motivate and rebuild your confidence.

Try some of our recipes in the cycling section. Some of those foods per CW feed the grey cells too :wink:

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Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.


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