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I notified HMCTS that I wouldn't be able to attend my tribunal hearing,due to illness health
(I suffer from ME/Chronic Fatigue Syndrome)
Having had it diagnosed four years ago (the symptoms were present,long before this)I know the tell tale sign,of when it's going to be at its worst and that it lasts for some time!
Out of respect for HMCTS,I gave them advance notice of non attendance as a severe downturn in my condition had began.
When I phoned Darlington County Court to explain this and to give them a hypothetical scenario to demonstrate how my condition severely hinders my forward planning -
the example I gave them was,
"My mate asks me if I want a ticket to go to a concert in Manchester - I always reply with,"I don't know how I'm going to feel later today,never mind in a months time"
When I read the Tribunals report,it stated that the County Court employee had said that I'd been to Manchester and that is false!
They used this,to dismiss my non attendance,
stating that if I could travel to Manchester and back,
there was no reason why I couldn't attend the Tribunal hearing!!!
Other employees at the County Court informed the Tribunal that they'd seen me in Darlington town centre
(hardly surprising as I have to do shopping!)
Again,the Tribunal used this information to dismiss my non attendance -
Haven't HMCTS breached the part of the Human Rights Act,where it states that a person must be "free from State surveillance"??
What annoys me the most,is that there was a Doctor sat on my Tribunal hearing and he obviously did not speak up,to confirm that it was unsurprising for an individual suffering from ME to have severe bouts of fatigue and what I'd wrote on my PIP claim forms was symptomatic of ME -
It was obviously a waste of time him being there!!!
*NB
I reapplied for PIP answering every question identically and qualified for the Enhanced rate for both components -
Conclusive proof that the previous medical,DWP decision and the HMCTS tribunal decision were a complete and utter farce!!!!!
This has taken a massive toll,on both my physical and mental health -
I object to being 101% and then having it used against me for ulterior motives!!!
Can I take legal action against HMCTS for such a farcical procedure and perverse decision?
many thanks
(I suffer from ME/Chronic Fatigue Syndrome)
Having had it diagnosed four years ago (the symptoms were present,long before this)I know the tell tale sign,of when it's going to be at its worst and that it lasts for some time!
Out of respect for HMCTS,I gave them advance notice of non attendance as a severe downturn in my condition had began.
When I phoned Darlington County Court to explain this and to give them a hypothetical scenario to demonstrate how my condition severely hinders my forward planning -
the example I gave them was,
"My mate asks me if I want a ticket to go to a concert in Manchester - I always reply with,"I don't know how I'm going to feel later today,never mind in a months time"
When I read the Tribunals report,it stated that the County Court employee had said that I'd been to Manchester and that is false!
They used this,to dismiss my non attendance,
stating that if I could travel to Manchester and back,
there was no reason why I couldn't attend the Tribunal hearing!!!
Other employees at the County Court informed the Tribunal that they'd seen me in Darlington town centre
(hardly surprising as I have to do shopping!)
Again,the Tribunal used this information to dismiss my non attendance -
Haven't HMCTS breached the part of the Human Rights Act,where it states that a person must be "free from State surveillance"??
What annoys me the most,is that there was a Doctor sat on my Tribunal hearing and he obviously did not speak up,to confirm that it was unsurprising for an individual suffering from ME to have severe bouts of fatigue and what I'd wrote on my PIP claim forms was symptomatic of ME -
It was obviously a waste of time him being there!!!
*NB
I reapplied for PIP answering every question identically and qualified for the Enhanced rate for both components -
Conclusive proof that the previous medical,DWP decision and the HMCTS tribunal decision were a complete and utter farce!!!!!
This has taken a massive toll,on both my physical and mental health -
I object to being 101% and then having it used against me for ulterior motives!!!
Can I take legal action against HMCTS for such a farcical procedure and perverse decision?
many thanks
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