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  1. The new bailiff regulations came into effect on 6th April 2014 and a most welcome change was that with the exception of CCJ's £600 that are transferred to the High Court each debt type (council tax arrears, unpaid road traffic debts and magistrate court fines) now has fixed bailiff fees (Compliance Fee of £75 and Enforcement Fee of £235). To bring the enforcement of unpaid magistrate court fines into line with the new regulations it was necessary to amend the Magistrate Courts Act 1980 and this was achieved under a series of amendments outlined in paragraph 45 of Schedule 13 of the Tribunals, Courts & Enforcement Act 2007. On the same date (6th April 2014) the Magistrate's Courts Rules 1981 were also amended to provide that the person owing the court fine would in future be referred to as a 'debtor'. Part 52 of the Criminal Procedure Rules (Enforcement of fines and others order for payment) outlines the procedure that must be followed when a warrant of control (previously a warrant of distress) is enforced by a bailiff/enforcement agent. As a consequence of Part 3 of the Tribunals, Courts and Enforcement Act 2007, and the associated Taking Control of Goods Regulations 2013 and the Taking Control of Goods (Fees) Regulations 2014 coming into effect on 6th April 2014 the Criminal Procedure Rules Committee has brought the rules up to date. The changes are outlined in the new Criminal Procedure (Amendment) Rules 2015 which were laid in Parliament a few days ago.
  2. Announcing the new UK Criminal Records Trade Body (CRTB) READ MORE HERE: https://www.gov.uk/government/news/announcing-the-new-uk-criminal-records-trade-body-crtb
  3. Dear readers, I'm currently making an application to obtain SC Clearance for a job I've recently been offered with a defense contractor in the UK. My problem is, as a young adult I was convicted of assault on two occasions, in both instances I received a fine as the matters were very minor. I understand that criminal convictions are a very serious subject when it concerns matters such as security clearance and that it is likely my application will be rejected. In general I'm a good citizen and a hard working individual I just happened to be in the wrong place at the wrong time. I'm in the process of writing up my PhD and have not since been involved in any trouble with the police. Would having two convictions mean my application is rejected right away? If so is there an appeal process I could go through? Any advise on the matter would be greatly appreciated. Thanks Bob
  4. Hi everyone am posting this on behalf of a family member who is in this situation and doesn't use the internet. family member is a professional for the government. I will just refer to them as X.. X got their car keyed as did all the government team in a hospital car park by one of their service users who has a mental illness. Every single one of the people who got their cars keyed by this person reported it. The hospital captured this on CCTV which they have stated is 1080P sharp and clear and shows this person doing it. The police were called as a result and took the CCTV footage. All staff have so far settled claims either through insurance or cheapest quote. The mental patient here as well does have money as he jumped out of a window whilst in NHS care and got a substanial 8 figure sum from the NHS. X reported it to the police too, who under caution interviewed this service user/mental patient. The patient admitted keying X's car in a taped interview to the police. He said he did not realise X was not part of the government local team he keyed. Guilty person said he would pay full damages for repair of the car. X waited for him to pay 2-3 months but he did not, the police were chasing the service user/mental patient and the police had him mentally checked and a doctor declared he was under his own capacity of thought and has known what he did, so he is not unfit to be prosecuted. Police chased him for another month and told X not to worry they will be a witness in the small claims court if needs be to recover losses. X has this in writing in emails and alot of email evidence. Guilty party/person never paid and police now turn around and say X must get 3 quotes to satisfy guilty party's solicitor. X got 3 quotes, cheapest was £1400 inc car hire. Guilty party refused to pay it claiming it was too much. X was told the police cannot force him to pay it and X would need to go to small claims court. X filed in small claims court and the defendant/guilty party failed to respond within 14 days. X then filed judgement using MCOL online. X has today has a letter saying judgement has been entered. Now the Police have come back and said the guilty party will pay £1300 (excluding car hire) but will not pay court fees. Police have advised X to take the above as they will not be a witness if X does not take the above deal. X advised them can they put in writing (police after speaking to guilty party solicitor.) Police stated no they will not put in writing again cannot make him pay. X refused police's offer and stated the guilty party has had many opportunites to pay before court. Police offer now has told X in a u-turn that 2 weeks later after judgement has been filed that they have managed to get a cheque for X which £1300, still minus car fees and court cost. X was going to go back and say they will accept £1300 cheque as part payment but remaining balance will be settled through judgement can they do this? X feels it is unfair they are suffering and police is siding with guilty party kind of and wants to know if a judge would go against them for not taking the £1300 offer as X has suffered time off work and is not a high earner who is a single parent to 4 kids. X is unsure how judgement will work next as well, can anyone advise?
  5. Hi My wife was seriously assaulted at her work 2.5 years ago. After a huge amount of hassle, delays, and mis-handling of information, she was eventually awarded £1000. Initially, the claim had been rejected due to lack of a Police report - which had already been provided - and we had to appeal that. My wife suffered soft tissue damage to her wrist, a patient had violently grabbed her, pinned her down on a desk, and held her there for quite a while before being subdued. She was off work for 6 months, suffered PTSD as a result of the assault and attended several physiotherapy sessions, and now has developed what is being queried as Carpal Tunnel Syndrome which a specialist believes to be linked to the assault. We believe that very little has been taken into consideration when they (rather reluctantly it would seem) made the award, especially the PTSD, and now she has resigned due to her employer not making any attempt to accommodate her in a lighter role as her current position causes a great deal of pain and discomfort and essentially unable to carry out her duties. We are seriously considering appealing this and would appreciate any advice.
  6. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  7. Hi , I heard a legend about something that happened to a friend of a friend: They were stopped on British Rail allegedly without means to pay and intent not to pay, They changed address. Summons Letter went to the wrong address They missed the court date. (A month ago) Only recently. the occupant of previous address notified them of the letter. They have been advised to do the following steps: 1. call the court ask for Statutory Declaration to re-open the case. 2. This will trigger an interview to decide on re-opening and they will be asked for their plea.. 3. Do not submit a plea - but say they want to get legal advice. 4. This will adjourn the case ? This is the bit where the story gets cloudy - does it sound right ? Now its adjourned, they can petition , plead with the rail company to settle out of court and avoid a criminal record? If the rail company refuse then they get one of these 'fare dodger' specialists to help mediate for out of court settlement. Hows that for a story?
  8. Hi I have been caught evading my fare on the trains several times over the course of the past month. I am certain the train company will start legal proceedings against me with a criminal prosecution. I was wondering what I could go to convince them to give me an out of court settlement. 100% my fault but a conviction would mean the end of my career and I will become unemployable. Does anyone know any good solicitors that might be able to help me? * title should read 'criminal prosecution'
  9. Hi - I hope someone can give me a bit of advice. My daughter, who recently split with her ex, got into a fracas with him and he is accusing her of robbery i.e. taking his mobile phone. Laughable, considering he stole her phone, run up £100 debt on it and also left her thousands of pound in credit card debt (in another thread). Police don't want to know about that part. Anyway, because of the tussle, they have decided to charge her with robbery contrary to section 8(1) of the Theft Act 1968 and she is due to go to court in November 2016. She suffers from depression and anxiety, both of which are currently being treated, no previous offences and definitely not known to police in any regard. She is also unemployed and has no income presently whilst Universal Credit is being sorted out (first payment date will be around November 18th). My questions are: 1. Will she be able to get any legal representation? 2. Can she gain access to any witness statements prior to court date - this is the most relevant question because she is thinking of just pleading guilty so the judge is more lenient. The anxiety this is causing her could literally be the straw that breaks the camel's back, so the thought of it going to trial is killing her. I'm loathe for her to plead guilty due to the impact on future jobs/credit etc. We think the witness is contrived and therefore my daughter feels there's no point in standing in court saying she's not guilty when the odds are stacked against her. Unfortunately, she doesn't have a witness of her own. I would be really grateful for anyone's thoughts on this and hopefully point us in the right direction for further help. Thank you
  10. Hi. I have just registered, although I have been on this forum many times over the years as a guest. I am in a bad place, i feel embarrassed. After my marriage broke down this year my ridiculous reaction to the stress and sorrow was to start gambling online and I am now in a position where I owe £30k. I have taken, all in the space of 5 months, 4 x £7.5k loans and have lost it all on a crazy impulsive online gambling spree. I am absolutely disgusted at myself about this behaviour so please do not act on your urge to tell me how wrong this was. I know more than you can imagine. I have never, i repeat EVER gambled in the past and I am a 52 year old man. I am not and have never been a gambler which is why this is even more difficult to make sense of. I had zero debt just 12 months ago. My question in this instance is this: Given the way this debt was taken out, ie in a very short period, spent on gambling (with the ridiculous hope of making losses back each time) and the fact that I exaggerated my income by about 25% in my loan applications, can this lead to a Fraud or criminal prosecution? I didnt lie about anything else, and I stated my other loans at each new application. Can the banks or the official receiver (i will be going BR ) find this behaviour so wrong that I could be charged? I understand that I will most definitely be having a BRU. The use of the funds is clearly documented in bank statements. ie I didnt take loans out and cash them out or purchase things, or give to friends or go on holiday. It was all used on gambling over a very short period. Please only reply if you are aware of English Law regarding fraud (if this is in fact fraud) and under which section of the Fraud Act? I really need some solid knowledgeable advice as I am extremely stressed. I have been reading about S1, S2 of the Fraud Act and searching online but can not really find something clear to suggest whether this is something that, a) can be prosecuted, and b) is in fact prosecuted. Some posts in other forums state that they have never heard of anybody being prosecuted for lying or exxageratin on a consumer loan application but I find that hard to believe? Why would the CPS have a Fraud Act and why would they not pursue it if a bank requested them to? If anybody has been prosecuted please share your experience or some points, or PM me if you are not comfortable to post online. If this is in the wrong forum please move to the appropriate one. Thank you
  11. Even though i'm new on here i've been on here enough to know that this type of 'help me' threads get posted sooo many times so here another one. To keep it short: i was stopped by revenue inspectors and failed to produce an oyster (i used my sister's but as my sister was with me at the time literally with me i gave her oyster back) when the inspector asked for my oyster i just said i didn't have one because my sister was terrified and i didn't want to get her in trouble so took the responsibillity. (i'm older than her). tfl sent me legal proceedings letter and now a 'single procedure justice' notice to plead guilty or not guilty within 21 days. This 21 day ends next week thursday. Because this isn't a court summons so does this mean no out of court settlement?????? also ANYONE have their number i've searched every where but can't find it. i'm so stressed out.
  12. I really do not know if anyone can help me with this but I need some advice. It is a long story my ex-husbands daughter accused my brother of rape about 5 years ago and said that it took place when she was 6 in my home. (my ex and his daughter was staying at my home as he was beaten up where he was and I allowed them to stay temporarily). She was 13 at the time she made the allegations. My brother was arrested and went to court where she changed her story 3 times and my brother was found not guilty by jury. She was placed in foster care due to her behaviour and making allegation against male teacher at her school and her own father. Further to this, she accused my brother of rape a second time in my parents home a year later and again my brother was arrested and my parents home stripped by police (one room) and he was let out on bail. She then absconded from her foster home and with friends went to my parents home and smashed a window in the front door. She also went around telling some of the neighbours that my brother was a paedophile and he was nearly beaten up by a few boys however they were spoken to by Police. About 2 days later his daughter texted me and apologised and said that she lied. We were informed by the local Police that a voice note had been placed on her file stating that she made false accusations and she had been moved out of the area. When she turned 16 she moved back in with her father who lived in our borough and he moved to another borough. I have now been told that although she has moved to another borough she will have the options of moving back to our borough when she i 18 in 2 weeks time. She has already sent me a message last year on facebook messenger with abuse a nd has also sent my brother messages under an alias which unfortunately he deleted. My brother has learning difficulties and what she did affected him very badly and continues to affect him and also affected my parents. We do not want her back in the borough but how do I go about informing Social Services in this borough about this? Help please:sad::sad:
  13. In March I started a thread on here about the introduction by the Ministry of Justice of a Criminal Courts Charge that from May this year was to be added to each Magistrate Court Fine. The charge ranged from between £150 up to a maximum of £1,200. The charge is paid on top of the fine, compensation order, prosecution costs and victims surcharge. As can be seen in the following thread that I started, this charge has lead to the resignation of many Magistrates. http://www.consumeractiongroup.co.uk/forum/showthread.php?443504-Criminal-Courts-Charge-to-be-added-to-all-Magistrate-Court-fines. There has been an intense amount of lobbying from amongst others, the Magistrate's Association and the Howard League for Penal Reform for this charge to be scrapped and I am delighted to hear today that the Justice Minister; Michael Gove has agreed that the Criminal Court Charge is to be SCRAPPED on 24th December !! http://www.bbc.co.uk/news/uk-politics-34993428
  14. The criminal courts charge is to be scrapped from 24 December, Justice Secretary Michael Gove has announced. Since April, convicted criminals in England and Wales have had to pay a charge of between £150 and £1,200 towards the cost of their case. MPs had called for it to be axed and the Magistrates Association said the decision was "tremendously welcome". The charge is paid on top of fines, compensation orders and defendants' own legal charges, and is higher for those convicted after pleading not guilty. http://www.bbc.co.uk/news/uk-politics-34993428
  15. Hi I was drawn to an offer of two pairs of glasses for the price of one at our local optican so I took up the offer. Normally my employer pays for my test but this offer seemed good. The experience was okay until I was asked by a counter person to answer some medical questions about my parents. She asked if my parents had Glaucoma and Diabetes. I said I thought my father had Glaucoma and Diabetes. He did have diabetes. She then said I can now have a free test. I was willing to pay there and then, though she insisted that I qualify for a free test. She asked me to sign a form for the free test. I bought the glasses and have to go back next Week. Whist in the shopping centre, I asked my elderly Mother if she could recall Glaucoma in the family. She could not remember. So I went back to the opticians ( 30 mins later ) and explained to the same lady. She then replied that I had already signed the form and could be prosecuted for making a false claim. I was shocked !!! I then insisted that I pay for the test to remove any uncertainty so I paid. However, her attitude was awful. Even when I said that I hoped to save some money by getting a free test but could not ask dad because he had died. She replied, that is too bad. I feel like a criminal even though I offered and did pay the fee in the end. Her attitude was awful and now I fear the NHS will be after me next for making a false claim. I sensed she had it in for me, the now paying customer. I thought I would share this as an experience because even the customer can be intimidated. Thanks, Stella Update.... just checked with my Brother. Apparently my Dad did have Glaucoma and was taking eye drops to help.
  16. In March this year I started a thread about the introduction of the Criminal Courts Charge. A link is below. As already mentioned in my above thread, Magistrates themselves are very concerned indeed about this additional charge that is added to all magistrate court fines and over the past few months there have been reports of Magistrates resigning. Thankfully the most recent resignation has been reported in the media: For the full story see : - http://www.chroniclelive.co.uk/news/north-east-news/north-tyneside-magistrate-resigns-over-9752472#ICID=FB-Chron-main
  17. In the Pranksters blog, he has been informed of a company in Devon issuing PCNs http://parking-prankster.blogspot.co.uk/2015/10/devon-parking-agency-[problem].html If anyone gets a ticket from these people, treat with extreme caution
  18. I notice from the reaction I received when I mentioned the basic procedure for processing criminal actions, that there seems to be confusion as to the procedures and terms involved. It is not really surprising as most of the matters discussed here are of a civil nature. But for those not familiar with the fundamentals, here is my take on it. Firstly all criminal proceedings must start in the magistrate’s court. I have read people saying that you can chose where to start an action on say a private prosecution, you cannot. There are two kinds of offences which can be considered at the MC, these are defined by their seriousness, and the maximum fine or term of commitment that can be imposed on conviction. These are: A “summary offence” and “indictable offence” A “summary offence” is for less serious criminal offences. The sentencing is limited to a far lower level than in more serious(indicatable) cases which are passed up to the Crown court An “indictable offence” can only be heard at the crown court, this is after the defendant has attended the magistrate’s court. The magistrates will remand or bail them to appear at the Crown Court after consideration of the case in question. These more serious offences such as theft rape or murder are generally heard by a jury. In addition to these there are also “each way” offences; this is where the action could fall into either of the two categories. On application to the magistrate, they will make the decision as to which court is most appropriate for the offence, and assign it to the relevant one. Most legislation which presents the possibility of criminal charges will also state the kind of action which may be taken. For instance in section 68 of the Tribunals Act schedule 12, the action which may be taken for obstructing an EA in the course of his duty, is prescribed as “on summary conviction”. 68(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent. (2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse. (3)A person guilty of an offence under this paragraph is liable on summary conviction to— (a)imprisonment for a term not exceeding 51 weeks, or (b)a fine not exceeding level 4 on the standard scale, or ©both. Similarly the theft act of instance will say by indictment and the fraud act may say either way.
  19. I'm seriously considering suing a cowboy kitchen fitter for what he has done. I dont want to put too much detail here as there is a chance he will read it, who knows. He is a cowboy and he knows it. However, I keep hearing there is no point in suing someone if he doesnt have money. If this type of fitter is charging people say £200 per day then there is money coming in. As far as I'm aware he is self employed and the name he trades under is not a limited company. I'm in no doubt whatsoever that I would win the judgement, I have reams of proof and photographic evidence. My only concern is, given how devious he is, he must have a way to hide his income. Surely we do not live in a world where a halfwitted builder can outsmart the legal system?!! How would I overcome this? Advice appreciated.
  20. Last week yet another debtor appeared in court for cutting off a wheel clamp. In this case, a bailiff from JBW Group applied a wheel clamp to the debtors car in relation to a debt for council tax. The debtor 'claimed' that he thought that the clamp had been left on his car by a friend as a joke and accordingly, he used an angle grinder to remove the clamp. Clearly the court did not believe his story and after admitting causing criminal damage the court ordered him to pay £435 which was made up of a fine of £250, costs of £85, compensation of £75 and victims surcharge of £25. http://www.plymouthherald.co.uk/Man-used-angle-grinder-cut-wheel-clamp-car/story-26547903-detail/story.html
  21. I am applying for a job in a call centre for a well known transport company. This is a simple helpdesk job. There's no mention of CRB or DBS in the job description and it is definitely not a job that involves working with minors or vulnerable people. Almost at the end of a very long online application I get asked: "Do you have any cautions or criminal convictions?" There is no mention of whether they are spent or unspent. I do have a caution and a minor conviction (paid with a fine) circa 20 years ago, and that is definitely spent. There is no way to call the HR or personnel dept by phone or email. I am tempted to say "No" and then explain this at an eventual interview, but I fear they could use this against me later in case they meant asking for spent convictions. How should I behave in this case?
  22. For a very long time (at least four years that I know of) plans have been made at the Ministry of Justice to charge a fee to debtors when court fines are imposed. I have posted brief details of these plans on the forum over the past year and the official announcement was made yesterday of the actual amounts and the reason why they are being charged. The following link provides some background and I will post further details later. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336085/fact-sheet-criminal-courts-charge.pdf
  23. http://parking-prankster.blogspot.co.uk/2015/02/civil-enforcement-ltd-in-criminal-case.html Civil Enforcement Ltd in Criminal case in Aberdeen Book your front row seat and popcorn for: Aberdeen Sheriff Court Wednesday 4th March 2015 Criminal #17 Civil Enforcement Ltd SCS/2015-025464 AB14012607 Court 1A Civil Enforcement Ltd (CEL) is being prosecuted for: One count of operating a fraudulent scheme and 11 counts under the consumer contract regulations. This is an initial hearing which CEL are unlikely to attend. However the Procurator Fiscal has indicated that if they do not attend, warrants will be issued for the arrest and detention of directors so that they can be brought before the court. Prankster Note It might well be hard to find an actual director of CEL, what with a dormant shell company and a South African hired name as apparent straw man. The Prankster suggests getting in touch with Ashley Cohen and Gary Wayne to see if they know of the real people in charge. They don't muck about in Scotland! CEL have been abusing the English court system for years, and despite numerous complaints have been getting away with it. They dipped a toe over the border and now are well and truly in the system. Happy Parking The Parking Prankster
  24. Woah!!! Wonga will not face a criminal investigation after sending out fake legal letters to pressure customers into paying back their debts. City of London Police said that, after a ‘thorough review’ it has concluded ‘there is not sufficient evidence to progress a criminal investigation’.
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