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alanedge

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About alanedge

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  1. I'm not sure how much I can do on this but I need to ask if there is something I can do. In February this year I was caught speeding on a motorway that had a restricted 50mph speed limit on it. I was caught at the end of the restricted zone doing +-62mph. Documents were sent to me that I duly completed admitting my guilt and these were returned in time apart from my licence and counterpart that I couldn't find at the time. As I was due to go on holiday the following day I felt that it could wait till I returned before I sent it. The fine of £100 was paid electronically. In about June, I received a cheque for £100 from the court whom I contacted to be informed that the money was returned as they had not received my Licence and counterpart and that I must now wait for more papers. As you can see I forgot about the licence when I returned from holiday. After searching again I couldn't find the offending items and so I asked for duplicates from the DVLA which I received. The next set of documents arrived which were duly completed along with a statement of my mitigating circumstances as above and I enclosed the new licence and counterpart. A couple of days ago I received notice from the court that my fine was now £700 with a £70 victim surcharge and £85 costs a total of £855!! This is a large increase from the original fine of £100 and all because I failed to send in my licence. I had completed the original documents, I had paid the fine, I had completed the next set of documents, I sent in my licence and now I have a fine that is, in my opinion, out of context with the original offence. I have spoken to and now written to the court to ask why this has happened and the reasons for it and have asked for that fine to be reviewed. I have also asked the court to hold the Enforcement Notice. The fine was due to be paid on the 1st. October. Does anyone have any other way that I can appeal this vast increase for something which is fairly easy to have been resolved. All they had to do was to send me a reminder for the licence and it would have been done. Thank you in advance. Alan.
  2. Thank you for taking the time to answer this. I shall look into it and once we know what the agent is up to we shall apply this if necessary. Alan.
  3. I am hoping someone may be able to either give me an answer or guide me to get the correct answer. Also I hope this is the right place for my question. The situation is as follows and I shall try and make it as brief and succint as possible. My son and his friend recently won a small claims court case against his old landlord and her agent for not returning their deposit. There were other irregularities in the rental process but both agent and landlord were named separately on the action. At the time they proffered NO evidence to support why they should not return the deposit but my son had all the necessary evidence to win. Subsequently the agent tried to have the result set aside stating that her company (which was dissolved in May 2013) should have been named and not her. This time some very unsatisfactory and incorrect evidence on their part was offered but nothing to show that the original action was incorrect. The Judge dismissed this claim stating the right person had been named. The agent and landlord have steadfastly refused to pay my son the amount won and we have employed the High Court Enforcement Agency to recover goods from both the agent and the landlord. He now has been told by the court that the agent has again submitted ANOTHER action to have the award set aside of which he is awaiting the details for. We could go to a solicitor but that is going to cost money that will eat into the amount already awarded. I do know we have a couple of other actions we can take to recover the money but that again will take time but we shall do that if necessary. I was under the impression that once a decision had been made in the small claims court that there was nothing or very little a defendant could do to have that decision overturned. If that is not the case just how many times can this be repeated as each time it costs my son money to defend which he can ill afford. How do we stop the person from continuosly starting actions for the same claim and if we cannot, how do we defend it without incurring more costs? Thank you in advance and I hope the above makes sense. Alan.
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