Arrested Due To Arrest Warrant & Court Papers Being Sent To Wrong Address.

[Rob1969]

Wouldn't it be more sensible to post on the Scotland board? Scotland - LegalBeagles Forum

Many thanks for your help i much appreciate it. I have now posted the solicitors letter and it looks like i need to attend 2 court dates.

[Rob1969]

Good afternoon guys

I was wondering if you can tell me if i can get reimbursed for these following expenses which are directly related to this case. I get legal aid and i'm on a low income with benefits like PIP and Universal Credit. My PDSO lawyer said this is not possible.

Returning home from Glasgow by train after the arrest related to the warrant. £80

I had to attend the initial court hearing on the 17th April, it was basically just an appearance, vehicle hire costs + fuel costs around £200.

Upcoming travel expenses in May for the main trial.

Many thanks

[efpom]

No reimbursement Quote "If you have to attend court as an accused person you cannot claim back expenses."
See: https://www.copfs.gov.uk/services/cl...tending-court/

[PallasAthena]

The rules quoted above apply to everyone attending court whether or not on legal aid.

You are on legal aid but that will not cover your travel costs either. Legal aid only covers the payment to a solicitor for the work the solicitor does for you.

So your solicitor is correct to advise you that the expenses you list in post #17 cannot be reimbursed to you by legal aid or the courts.

I know nothing about UC and PIP but I would be very surprised if the benefits system would make additional payments to you to cover those costs.

You could ask them I suppose but I don't know whether telling them about the court case might have other implications for your benefits.

Ask your Scottish PDSO lawyer what would happen about these expenses if the eventual outcome is that you are found not guilty. Would you then be reimbursed for these expenses by the prosecution? I don't know how Scottish courts work regarding this. If that is possible make sure you keep receipts for all the expenses you mention. Receipts would be required before you could claim reimbursement. They might question why vehicle hire was necessary to get from Manchester to Glasgow.

[islandgirl]

"I had to attend the initial court hearing on the 17th April, it was basically just an appearance, vehicle hire costs + fuel costs around £200." - You had told us you were unable to drive there due to mental health issues? Seems like you managed it. Coach travel would have been much cheaper.

[Rob1969]

No reimbursement Quote "If you have to attend court as an accused person you cannot claim back expenses."
See: https://www.copfs.gov.uk/services/cl...tending-court/

Many thanks for your reply its much appreciated.

Thanks for the link it clearly shows what you have said.

[Rob1969]

The rules quoted above apply to everyone attending court whether or not on legal aid.

You are on legal aid but that will not cover your travel costs either. Legal aid only covers the payment to a solicitor for the work the solicitor does for you.

So your solicitor is correct to advise you that the expenses you list in post #17 cannot be reimbursed to you by legal aid or the courts.

I know nothing about UC and PIP but I would be very surprised if the benefits system would make additional payments to you to cover those costs.

You could ask them I suppose but I don't know whether telling them about the court case might have other implications for your benefits.

Ask your Scottish PDSO lawyer what would happen about these expenses if the eventual outcome is that you are found not guilty. Would you then be reimbursed for these expenses by the prosecution? I don't know how Scottish courts work regarding this. If that is possible make sure you keep receipts for all the expenses you mention. Receipts would be required before you could claim reimbursement. They might question why vehicle hire was necessary to get from Manchester to Glasgow.

Many thanks for your reply it is much appreciated.

I only mentioned i was on UC and PIP to let you know im on a low income, i was not thinking they would help with these costs. As you say the costs cannot be reimbursed by the courts.

Its unlikely i will be found not guilty but if i am i will ask if i can apply for my costs to be reimbursed.

[Rob1969]

"I had to attend the initial court hearing on the 17th April, it was basically just an appearance, vehicle hire costs + fuel costs around £200." - You had told us you were unable to drive there due to mental health issues? Seems like you managed it. Coach travel would have been much cheaper.

Thanks for your reply it is much appreciated.

I told you the truth about my mental health and travelling to Glasgow. I was given no option and i had to attend court, any form of public transport is a disaster for me planes, trains, taxi, buses, i get sick easily when im in a bus or taxi. I also risk getting into fights or confrontations with annoying passengers on any mode of public transport. I risk ending up in trouble with the police or ending up in jail. Hiring a car, im at risk of driving like a maniac, hiring a van i drive it cautiously and responsibly and it seems the best option for me.

I paid £80 for a doctors letter but i was still expected to attend court regardless.

I hired a full size transit van, the most expensive option, i would rather do that than risk using public transport. I paid for the excess waiver as i know im a high risk driver.

[Rob1969]

Hey guys i am starting to lose faith in my lawyer and i dont really feel that she is on my side. Please give me the benefit of the doubt here as the evidence is stacked against me. I understand that my lawyer has read the statement from the victim cyclist and 2 independent witnesses. They are all saying that i accelerated into the cyclist when he illegally moved from the left lane into my lane to overtake the bus. He has no idea about the highway code, its illegal to ride in a bus lane, he nearly ran into the back of the bus, he did not stop and he did not signal to make me aware of what he was doing.

I had no chance of avoiding him, i was sitting stopped in the second lane due to traffic and very near the back of the bus corner, i went to move forward as there was a gap in front of me, the cyclist went directly in front of my car and i had no chance of avoiding hitting him. He said that i accelerated into him which is lies, all i did was move forward to fill the gap in front of me. The cyclist ended up spending lots of time waiting for the police and the ambulance at the bus stop, im sure he told the people there about what happened and they are now repeating his lies. As you can see from the picture the people at the bus stop could not see the rear right of the bus but they are lying to try and get me convicted of dangerous driving.

I told my lawyer this the other day and she was very dismissive saying this is a bit far fetched and she does not believe me. I tried to say to her about my online research has found this can actually happen with witnesses and car and cyclist incidents on the road. She thought i was crazy. Witnesses will say things they did not actually see.

If these witnesses did not actually witness what happened can they be dismissed as witnesses? One of the mental male witnesses stood in front of my car, he was accusing me of drink driving, was causing me extreme stress, i had a mental health breakdown, we ended up in a tussle but it was not too violent, one of the shop keepers came out and helped keep him away from me. He kept coming into my car and upsetting me and calling me names and accusing me of drunk driving. I told the police about this but they never took it seriously. So can these witnesses still testify against me?

My daughter was sitting in the passenger seat and she saw everything. I told her to walk home as she lived around the corner, i said i would call her if she was needed. I told the police this and they said 'oh how convenient' as if there was another motive. It was so she would not be left waiting for hours. I gave them her address and phone number but they never contacted her for a statement. Is this legal what they did?

Me and my daughters relationship is down the pan and she has not responded to me or my lawyers voicemail, she has moved house so im unable to visit her.





Below is just an example picture i took it the other day, as you can see the witnesses at the bus stop could not see a thing.

[PallasAthena]

It is not generally illegal to ride a bicycle in a bus lane. Highway Code Rule 65.

https://www.gov.uk/guidance/the-high...lists-59-to-82

Have you checked on Google Street View what the sign at the start of the bus lane says? Does it indicate that cyclists can use the bus lane?

No-one here can sensibly advise whether the witness statements are reliable. I've no idea why two independent witnesses would lie to get you convicted and it appears your solicitor thinks that is fanciful as well.

You have discussed the court hearing with your lawyer so if you are not happy with her you have the option to dismiss her and either find another solicitor (if legal aid rules in Scotland permit that) or defend yourself.

You can tell the court why you think the witnesses are not telling the truth and it will be up to the court to decide whether they believe you or the witnesses.

[Rob1969]

It is not generally illegal to ride a bicycle in a bus lane. Highway Code Rule 65.

https://www.gov.uk/guidance/the-high...lists-59-to-82

Have you checked on Google Street View what the sign at the start of the bus lane says? Does it indicate that cyclists can use the bus lane?

No-one here can sensibly advise whether the witness statements are reliable. I've no idea why two independent witnesses would lie to get you convicted and it appears your solicitor thinks that is fanciful as well.

You have discussed the court hearing with your lawyer so if you are not happy with her you have the option to dismiss her and either find another solicitor (if legal aid rules in Scotland permit that) or defend yourself.

You can tell the court why you think the witnesses are not telling the truth and it will be up to the court to decide whether they believe you or the witnesses.

Many thanks for your reply it is much appreciated.

It was actually a bus stop that the incident happened in. Google search says its not strictly illegal but it is a restricted area. The cyclist has put himself in grave danger through his very poor cycling and road sense and not following the highway code.

The lawyer is a duty solicitor does that have any bearing on how good she is, with this being a road traffic incident im starting to wonder if she has the experience for a case like mine. Should i ask the PDSO to allocate me another lawyer who has the right experience?

I would have thought the witness who harassed me would be considered to have an a hateful agenda against me for no reason, his attacks and behaviour would surely write off anything he says.

With regards to what the witnesses have said when they did not see anything, here is a link to what google AI has to say about it, it gives reasoning behind why people would lie in this situation, this is what is happening to me, the fact that the witnesses were standing at the bus stop it means they could not have seen anything, i seen them coming onto the road after the event and that was by the front of the bus, there was no witnesses at the rear of the bus where it actually happened.

LINK https://share.google/aimode/wNTYpYGydUAnauu44




,

[PallasAthena]

I cannot comment on the experience and competence of your solicitor. It would be surprising if a duty solicitor had no experience of road traffic offences but if you no longer want her to represent you that is your right.

[islandgirl]

A good solicitor will cross examine with rigour. The key point will be what view they had. You / your lawyer can produce physical evidence (which must be disclosed prior to the trial) of the view from their position. You will have copies of the witness statements in advance - you can read them and discuss what to challenge with your solicitor. I do not know if there are any differences in scottish courts.

[Rob1969]

I cannot comment on the experience and competence of your solicitor. It would be surprising if a duty solicitor had no experience of road traffic offences but if you no longer want her to represent you that is your right.

Many thanks for your reply. I called PDSO today to see if i could be given a different lawyer, i was told they don't do that in this office. I was put through to my lawyer and it was a very awkward conversation, i told her my concerns and she was not happy with what i said, i said i will leave things as they are as it is less hassle doing this. She said she will have a chat with her managers tomorrow, that means ill be dropped, i have contacted a different lawyer and sent over the details by whatsapp.

[PallasAthena]

Is the solicitor who has emailed you acting for the cyclist?

If so it sounds like the cyclist is bringing a civil claim against you for compensation for the injuries they allege they received in the accident. Is that what the email is suggesting?

A civil claim is entirely separate from the criminal prosecution you are currently dealing with.

So if this is a third party liability claim against you (ie a claim by the cyclist) you should pass it to the motor insurer who was insuring you at the time of the accident. They should consider it and hopefully deal with it on your behalf under the Third Party Liability section of the motor insurance policy that was insuring you on 31st August 2023.

It will be a requirement of your policy that you pass the email to your insurer as soon as possible without replying to it.