If HMCS issue a 'grant of time to pay' notice in relation to an unpaid fine for a motoring offence, and I do not respond to the notice, what is likely to be their next action? Is it possible they will issue a distress warrant straight away without further notice, or is it necessary for it to go to court first?

The situation is that I received such a notice from a non-local HMCS office relating to a fine dating from 2004. I have no previous knowledge of the offence or the fine. I understand from bailiffadviceonline that I can phone them and ask to make a Statutory Declaration and have the fine set aside, which I will do. However, if the deadline on the notice has already expired, is it possible that they may have already issued a distress warrant, or would I receive some further warning/notice to attend court or some such?

If anyone reading this has any knowledge of the likely procedure, it would be very helpful.

Many thanks,

Greetings,

tonkatoy

If you can make a Statutory Declaration, my understanding is that you can also make an 'out of time' application which would stay all recovery until it is accepted/rejected.

Oh, is that something akin to a debt being statute barred? If so do you happen to know what are the applicable time limits?

Can anyone else answer the remaining question: as the deadline is passed, am I now at risk of being hit with an (un)expected distress warrant, or must I receive some other communication prior to that?

The time limit for an out of time application is as long as it takes to get a reply, if that's what you meant.

oh I see, no it's not what I meant, I thought you were suggesting the fine might be too old to collect (duhhh)..

regardless of my options for making statutory declaration or late payment etc, it would be reassuring to know that the warrant might not actually be imminent, because there is a necessary further stage of warning/communication, if that were the case..

Don't know, never heard of a grant of time to pay....

The out of time thing is that you are past the time for putting in the Statutory Declaration, but asking to anyway, for specified reasons which can be accepted, or not.

mmm.. yes that helps. So the time limit for making the SD would presumably be the same as the payment deadline..

Is it from Northampton County Court?

Cambridgeshire (I am now in London)

I guess the problem would be, having made an out of time SD, then having to persuade the bailiff at the door of the reality of it..

Keep a copy.

Ring the court and ask them is probably a good idea.