Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    imy0786 Novitiate



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    Default Marston bailiff at my door, regarding Court driving fine of £1100

    On Thursday I had a Marston bailiff at my door, regarding Court driving fine of £1100, I explained to him that i cant pay in full, and he tile me that he is going to take goods away, I explained that I cant pay now and will pay instalments to sort this out, he then said he will go and get a magistrates court order to gain entry by force,

    Today Sunday 26th November he called and said he has applied to the court for warrant to gain entry, and said he will take goods, i explained that the goods belong to my wife and she own the house, he told me that will make no difference at all and the case is criminal, how is a speeding fine criminal, he told me that it is not worth his while taking instalments,

    i have tried to call the courts but they told me i need to deal with the bailiff directly, i called Marston they also told me that they cant do anything and i have to talk to the bailiff directly,

    can anyone help and advice, I am willing to pay but cant in one payment


    thank you


  2. #2
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    Default Re: Marston bailiff at my door, regarding Court driving fine of £1100

    Well, first off, how did it get to this stage?

    Can you provide some history, please....


  3. #3
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    Default Re: Marston bailiff at my door, regarding Court driving fine of £1100

    HIi,

    I had got a speeding fine and disclose driver identity,

    i work away a lot and at that time was not in the UK for several month,

    the courts issued a fine and penalty points,

    `I got a letter from the bailiff and tried to make a arrangement, they refused and then sent a bailiff over


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    Default Re: Marston bailiff at my door, regarding Court driving fine of £1100

    Magistrates fine. They CAN force entry into private or commercial property wether owned or rented. Makes no difference.

    Speeding is a criminal offence.
    It is known as a decriminalised criminal offence and is normally delt with by the way of fixed penalty.

    Your saying your wife's goods.. Makes no difference as you, through the marriageicon, have a financial interest in all assets within the property. Joint and severablly liable.

    The courts will refer you back to the EA as a warrant has been issued for non payment of a magistrates fine, unless proper procedures have not been followed.

    You need to pay a big chunk off of this quickly to maybe get the chance of installments. But the EA does not have to accept.

    Forced entry into your property is rare but it does happen.

    You could pay the courts directly but the court will forward all the payments to Marstons as they hold the warrant.
    The fees are also payable for enforcement costs. The fees are set in legislation.

    Please remember that non payment of a magistrates fine is a criminal offence on its own and if you ignore all this you could have a warrant of committal issued by the magistrates and you could be arrested.
    I would also check your driving license has not been revolked. Check online on the dvla website


  5. #5
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    Default

    Quote Originally Posted by imy0786 View Post
    HIi,

    I had got a speeding fine and disclose driver identity,

    i work away a lot and at that time was not in the UK for several month,

    the courts issued a fine and penalty points,

    `I got a letter from the bailiff and tried to make a arrangement, they refused and then sent a bailiff over
    Sadly that isnít a valid excuse.... I work away a lot.... you knew there was a fine coming and you ignored it. Itís come back to bite you.


  6. #6
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    Default Re:  Marston bailiff at my door, regarding Court driving fine of £1100

    Quote Originally Posted by imy0786 View Post

    I had got a speeding fine and disclose driver identity,

    i work away a lot and at that time, was not in the UK for several month, the courts issued a fine and penalty points,
    The amount of the fine is very hefty and this because you have been fined for speeding AND for failing to provide the identity of the driver. It's also more than it should be because, as you had failed to respond to the summons to plead guilty, you have not been able to benefit from the one third discount (awarded by the court when an early guilty plea is entered).

    When you returned back to the UK and discovered paperwork from the court in connection with this fine, you really should have contacted the court at that time to make an appointment for a Section 14 Statutory Declaration. Did you speak with the court?

    When was this fine issued?


  7. #7
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    Default Re:  Marston bailiff at my door, regarding Court driving fine of £1100

    Quote Originally Posted by Bailiff Advice View Post

    When you returned back to the UK and discovered paperwork from the court in connection with this fine, you really should have contacted the court at that time to make an appointment for a Section 14 Statutory Declaration. Did you speak with the court?
    I have made endless posts on this forum over the past couple of years about the steps that will be required if a application is to be made for a Section 14 Statutory Declaration. In this respect, I have urged the public many times to ignore internet reports advising that a Section 14 Statutory Declaration can somehow be made by simply sending a copy of the completed Statutory Declaration to the court by Recorded Delivery. This is an internet myth that is hopelessly inaccurate.

    Although a Section 14 Statutory Declaration is provided for under the Magistrates Court Act 1980, it is important to realise that the actual procedure for the making of a Section 14 Statutory Declaration is outlined under Criminal Procedure Rules and in this respect amendments were made to the Criminal Procedure Rules approx 2 years ago. The actual procedure is outlined in the following post.


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    Default Re: Marston bailiff at my door, regarding Court driving fine of £1100

    If you had no knowledge of the court fine, then you can submit a Section 14 Statutory Declaration to the Magistrates Court. The applicable legislation is Section 14 of the Magistrates Court Act 1980. Once accepted, the warrant of control will be revoked and the original conviction rendered void. It is important to be aware that a Statutory Declaration will not cancel the initial charge against you.

    Is there a time limit to file a Statutory Declaration?

    Yes there is. An application for a statutory declaration must be made within 21 days of you becoming aware of the court fine or conviction. In most cases, this period of time would be from the date that you received a lettericon or a personal visit from a bailiff/enforcement agent.

    It is possible to make a statutory declaration after a period of 21 days but in such cases, you will be required to outline the reason for the delay. The Magistrate or Fines Officer will consider the reason given and may or may not, accept your Statutory Declaration.

    It needs to be stressed that a Section 14 Statutory Declaration is a very important application and great care needs to be taken with the relevant documentation.

    How do I find out which court to apply to for a Statutory Declaration?

    On the Notice of Enforcement it should state the relevant HMCTS region or court that are responsible for issuing the warrant. If this information is not provided, then you should telephone the relevant enforcement company for further details.

    Can I send my Statutory Declaration to the court by post?

    Although legislation under Section 14 of the Magistrate’s Courts Act 1980 provides that a sworn statutory declaration can be sent to the Magistrate’s Court by recorded delivery, there have been many amendments to the Act which have changed the way in which Statutory Declarations are dealt with in the Magistrates Courts. The position now is that all Magistrate’s Courts insist that an appointment is made for you to attend court in person

    The Magistrate Court want me to attend the Statutory Declaration hearing in person.

    It is important to be aware that a Section 14 Statutory Declaration will revoke the conviction against you, but it will not affect the original charge in any way. Accordingly, the way in which the Magistrates Courts address Section 14 Statutory Declarations underwent significant changes approx 2 years ago. The position now, is that the court must re-hear the case against you as soon as possible and in almost all cases, this will be done at the same time as the court consider your Section 14 Statutory Declaration. It is vitally important that you attend the hearing.

    What will happen at the Statutory Declaration hearing?

    This depends on whether you had advised the court of your intention to plead guilty or not guilty to the initial charge against you. The Magistrate will first consider your Statutory Declaration and, if you had indicated your intention to plead guilty, the case against you will be heard at the same time. A guilty plea should attract a one third reduction in the new fine.

    Your income will be taken into consideration when setting the level of fine. In this respect, you will be required to complete a Means Enquiry Form/Statement of Means ( MC100).

    I want to plead ‘not guilty’ to the offence.

    If you wish to plead not guilty to the initial charge, the court must re-list the case for a new trial as soon as possible.

    If your conviction had been for using a TV without a valid licence, then in almost most cases, a ‘not guilty’ plea would not be applicable.



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