Jump to content

Showing results for tags 'magistrate'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums


  • News from the National Consumer Service
  • News from the Web


  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start




Found 22 results

  1. Hi all, Thanks to anyone who would mind taking the time to read this and advise me if possible. I received a 2 fines from the magistrates court. 1 for no tv license (fair enough) and one for driving without insurance (although the car wasn't been driven it was just parked on my street as it was broken down and id transferred my insurance onto a new vehicle. Taxed to be on the road but didn't realise it had to be insured as well, my bad but I guess that's by the by). In the midst of this I was granted a debt relief order and was granted £300 by the official receiver to cover the TV license fine (strange as that fine was for £200) but left the insurance fine outstanding. initially as I wasn't working deductions were been made from my benefits. When I returned to work in January 2017 this stopped I didn't make any payments as id lost my paperwork and expected to hear from them regarding payments and thought id pick it up from there. In the meantime I got myself another fine. ( I know, I know but it was cheaper to be found guilty and pay £400 than pay a solicitor to find me not guilty) I began making payments for this fine immediately. In mid May I received a letter from the South Yorkshire Enforcement unit giving me one reference number to cover all my fines. It showed the amount i'd paid and the balance. (though there was no reference to the £300 that the insolvency officer had written off under the DRO). Again I continued making payments and have regularly paid £50 a month every since. In total since April I have paid £560 towards the fines. Then I received a letter from collectica. A notice of enforcement. Showing the correct balance of £883.50 but they have also added on £75 for god knows what. I rang them and explained to the guy who answered that I had made regular payments to my fines and had been doing since April. I asked if I could continue making payments at the amount I had been - £50.00. This was a big no no. He wanted half the money up front before agreeing to a payment plan. I explained to him that I had just been discharged from my DRO and that I was very careful with my budgeting. I tried to explain to him that by paying him more that I could afford the money would have to come from another pot i'd be sorting one problem and creating another. He told me his was a priority debt, I explained I have no other debt anymore and that this was the only one outstanding my payment history should clearly show that I am trying my best to clear it. We went back and forth for about half an hour. I stood my ground. I refused to pay anymore than I could afford, explained that i'm certainly no sat with a 50" T.V on my wall and that if they come to my house the only thing they will find of value is my sons PS4 which is about 3 years old. (and my car which my mum bought me for work, now been parked out of the way of my house. His final offer was of an initial payment of £280 and a payment plan. Otherwise I would be charged for bailiffs attendance and get more fees, worst case scenario been arrested. I told him at this point id welcome a change to plead my case in court. Although I suspect they would rather just add more fees onto the debt that I have been trying to clear. I told him this was the most insane act of bullying ever. They can clearly say I have been making regular and timely payments directly to the court, now they want to eliminate all that money I've struggled to pay by sticking it back on in fees meaning that it will take me even longer to pay. How the hell is that even I thing?!!!! I told him I may as well have kept all the money I paid so that when they wanted an initial payment I could have made it. This makes absolutely no sense to me. I have worked my ass off to get out of debt and despite paying on time they are determined to land me back in it. I got off the phone and resolved nothing. He told me I have another few days to agree to his terms before a bailiff will call at my house (he'll be very disappointed by the nothing of value that I have ) its hassle I just don't need. I got off the phone and made my due payment of £50 but again to the courts not to collectica. Does anyone have any advise for me please? This is infuriating for me that they can see I am not ignoring the fines I am paying each month yet they seen hell bent on making the debt larger. Also can anyone advise what to do regarding the £300 the DRO shows they have allowed towards these fines that is not showing on the letter I received from the courts. Many Thanks
  2. 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.
  3. I work for a company that employs more than 1000 Trade plate drivers; we travel all over the UK delivering and collecting vehicles for many different customers. Many of the places we go to are quite remote, airfields and large compounds etc, there is not usually public transport to many of these places. The only way we can complete our work is to work with other drivers, sometimes this is arranged by the company and sometimes we arrange this between ourselves. When there is public transport it can often take a long time to travel between jobs, and quite expensive. Therefore, working with other drivers is normal. I received the notice from Metropolitan police was about seven weeks after the incident asking me to identify the driver of the car at the incident time. On average we will complete about three jobs a day, on that basis I would have driven about one hundred vehicles in average of three to four cars a day. How many drivers I would have worked with is not possible to work out. Under those circumstances I do not know anyone who could remember the details of a specific car or who they were working with at a specific time of the day seven weeks previously. The company do not keep records of who works with who at any time, the only thing they are interested in is that all of the assigned work is completed on time. I have asked many drivers if they can remember working with me on that day, none can. I have looked at any written notes I keep; this has not helped. I have checked my mobile phone to see who I spoke to around that day, nothing I have done has enabled me to identify who would have been driving at the time of the alleged incident. Also the photographs sent to me earlier by the Police wasn’t clear enough to identify who was driving the vehicle at incident time. I understand that the Police will ask for any information that will lead to the identity of whoever was driving, and in most cases it can be provided. I have however read what the law says in this situation. It clearly says that a driver/keeper cannot be guilty of failing to identify who was driving if they did not know with reasonable diligence. It seems common sense to me that the law was written that way because of exactly this kind of situation. The law also says I am not required to keep records. I accept that this is a very unsatisfactory situation, I remain willing to do anything I can to identify the driver concerned but I cannot see what else I can do. Metropolitan Police write to me again saying that I have a legal responsibility to identify the , further action in this matter has been suspended for 14 days. I do not know what I have to do with this, Thanks
  4. The Ministry of Justice has announced today that it will be outsourcing the collection of Magistrate courts fines currently done by almost 150 civil servants to the private sector. I have written on this forum since 2013 of the proposed plans which were abandoned approx 2 years ago. The vast majority of Magistrate Court fines are already enforced by the private sector (by Marston Holdings, Collectica Ltd, Swift and Excel Enforcement Ltd). A small proportion are also enforced by HM Courts & Tribunal Service Civilian Enforcement Agents. CEA's have the authority to search premises and place defaulters in custody. Their work will now be undertaken by the private sector.
  5. Good morning I was wondering if anyone could give me some advice as I am really not sure what to do. I received a text on my mobile on 10th Feb from an enforcement agent informing me that I owed £1401. At first I was unsure what he meant but after speaking to him I realised it was from a court fine regarding a traffic offence that I appealed but seems to have been rejected. Through the process of the appeal being rejected I moved but had contacted the Court to ask them to let me know at my new address. The baliff informed me that a Distress Warrant had been issued in Oct to my old address and they now needed full payment. I contacted their office as I have never received the Notice of Enforcement and it seems it has gone to the old address. When I spoke to the baliff I said I would try and raise the funds from my work but it is so stressful here that I am worried I am going to lose my job. Payment is due on Friday and I have no-one else to turn to, if I pay the full amount out of my salary I won't be able to pay my bills or my son's childcare for the month. I emailed the Court and they have said I need to work it out with the baliff but I can't see him doing this - is there anything else I can do? Many thanks
  6. I have written on the forum over the past few years about the Ministry of Justice's plans to privatise the courts fines collection departments and in January a press announcement was released that (wrongly) stated that BT were the preferred bidder for this large contract. The article was not accurate. Today, it has been confirmed that the preferred bidder is the large US firm Concentrix. It should be stressed however that the Ministry of Justice have not as yet signed a contract. A link to the press article is below and for ease of reference, I have copied an extract of the article: http://www.theguardian.com/law/2015/jun/26/concentrix-ministry-justice-bailiff-contract-threatened-tax-credit-claimants?CMP=twt_gu PS: I am not around for most of the day and will post further information later on.
  7. The following story has been heavily reported in the media this week: A 20-year-old student has been fined a staggering £562 for a £2.20 journey after she was caught with the wrong ticket. Parys Lanlehin was caught using a return train ticket on the wrong day - and going in the wrong direction - on June 4, 2014. The University of Nottingham student was issued with a £20 penalty ticket on the Nottingham to Beeston train, but the court heard it was never paid. Lanlehin, of Walthamstow, London, then signed a declaration stating she was unaware of legal proceedings taking place in Nottingham at Stratford Magistrates Court. On Wednesday, the student was found guilty of boarding a train without a valid ticket after she failed to attend the case at Nottingham Magistrates Court. She was fined £220 with £300 prosecution costs and a £22 government surcharge. She was also ordered to pay the £20 penalty, which had been imposed when she was caught on the train. Magistrates gave Lanlehin two weeks to pay and issued a collection order, which could lead to bailiffs removing items from her home to cover the payment. http://www.telegraph.co.uk/news/2016/05/29/university-student-forced-to-pay-562-for-220-train-journey-after/
  8. Hi everyone, sorry I'm posting a lot. Bailiff from Marstons arrived at doorstep at 8:57pm says I have to pay £797 for unpaid car tax. i ghuess it relates to a car I sold last year. I never received a magistrates summons. he says I have to pay tonight or he has to enter the property and document belongings etc... what can/should I do? thanks so much
  9. Today I have had the misfortune to be made aware of yet another person who took internet advice after receiving a Notice of Enforcement and was led to believe that if he made payment direct to the Magistrate Court that he would be able to avoid bailiff fees. This person took the advice and paid the court direct and;.....as it always the case.....he received a letter from the court to advise him that his payment had been forwarded direct to Marston Group. He too has now found himself in a position where an enforcement agent has made a personal visit...and the debt increased by way of an enforcement fee of £235. He now owes £310 (to also include the Compliance Fee of £75). This inaccurate advice is costly debtors many thousands of pounds and given that the debt is for an unpaid court fine....the enforcement agent is permitted to force entry. For the avoidance of doubt, all debt streams (council tax arrears, unpaid local authority penalty charge notices and unpaid magistrate court fines) may only be enforced by way of the procedure outlined under Schedule 12 of the Tribunal, Courts and Enforcement Act and the fees that can be charged are those under the Taking Control of Goods (Fees) Regulations 2014. Worryingly, the debtor has been advised today (by the person responsible for this highly inaccurate advice) that the Magistrate Court have supposedly given him the wrong advice. He claims that the warrant 'ceased' when the payment was made to the court and that the debtor can rely upon section 52.8 of the Criminal Procedure Rules 2014. Not true: Section 52.8 was substituted under The Criminal Procedure (Amendment) Rules 2015 !!!!
  10. Just 3 months ago I started a new thread on here to highlight the problems that debtors face when taking advice from the internet to issue court claims against bailiff companies or local authorities. In that thread (a copy of which is below) I highlighted the outcome of yet another court failure where the debtor once again lost his case in court and was ordered to pay the local authorities (London Borough of Southwark) legal costs of £4,399. In the above case it was revealed that the debtor was charged £2060 in fees by this highly unqualified McKenze Friend who has an appalling history of court failures behind him. http://www.consumeractiongroup.co.uk/forum/showthread.php?452784-More-legal-cases-against-bailiff-companies-lost-in-court-after-taking-legal-advice-from-the-internet-!! It would seem that during December he has been involved in two further court failures. Interestingly in the very latest one, he claims to have represented the debtor at the Magistrates Court hearing in relation to a criminal complaint. It would seem that the Magistrate refused to allow him to either address the court or to 'cross examine the witnesses'!!! According to the written report from the McKenzie Friend the Magistrate was extremely critical of the defendant and considered that he was lying to the court and that consequently, the McKenzie friend: "executed the procedure to force the trial to be aborted and be re-listed for a new trial" and that: "Im due to Mackenzie again for him, but if I'm declined a second time, then I have a solicitor ready to be pulled from a hat there and then and execute the defence structured on a crown court appeal" What is particularly alarming about this is that with very limited exception, the use of a McKenzie Friend is restricted to County Court proceedings !!!
  11. 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
  12. Almost on a daily basis I receive an enquiry on this subject from either a debtor, solicitor or a police officer. Hopefully this thread will assist. Under the new bailiff regulations an enforcement agent has a general right without a warrant to enter debtor’s premises to search for and take control of goods. The legislation is Paragraph 14.1 of schedule 12 of the Tribunal Courts and Enforcement Act 2007 In cases where a Controlled Goods Agreement has been previously signed, the bailiff may have re-entry rights into the premises under Paragraph 16.
  13. The new bailiff enforcement regulations came into effect on 6th April 2014 and a short while later an individual made a Freedom of Information request to the Ministry of Justice seeking clarification on the legal basis for court fines to be covered by the new regulations. On 1st July 2014 I posted a copy of MOJ’s response on the forum and that thread received a lot of views. Unfortunately, there continues to be significant misunderstanding about bailiff fees for Magistrate Court fine and yesterday yet another video was uploaded onto YouTube regarding a debtor who filmed a visit from a Marston Group bailiff regarding two Magistrate Court fines and where the debtor had sought advice from the Beat the Bailiffs and the Banks Facebook page that paying the amount only of the court fine to the court (minus bailiff fees) would clear the warrant (which of course it does not). For public interest sake it may assist if I post the Ministry of Justice’s response once again together with some further useful information.
  14. One of the most common enquiries that we receive relates to the subject of Magistrate Court fines and whether or not the bailiff/enforcement agent is required to have in his possession a copy of the distress warrant/warrant of control. In almost all cases; the confusion arises from incorrect (and misleading) information on a small number of websites heavily connected to the Freeman on the Land or other such movements. These websites frequently ‘claim’ that companies enforcing magistrate court fines create ‘doctored or counterfeit’ warrants and debtors are encouraged by the websites to pay a fee to download a template letter which they are told to send to various Magistrates Courts around the country. In November a debtor wrote to HMCTS regarding this subject. He received a lengthly response from them which he posted on a forum in November. The following is taken from the HMCTS reply. For ease of reference, in post number two I have broken down their response into separate headings. In this post I have extracted from HMCTS's response the relevant case law: "It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue" "Pursuant to section 125A of the Magistrates’ Courts Act 1980 where a warrant (whether a warrant of arrest, commitment, detention or distress) is executed by a civilian enforcement officer, a written statement indicating the name of the officer, the authority by which he is employed and that he is authorised in the prescribed manner to execute warrants, must, on demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. Section 125B applies to approved enforcement agencies and makes similar provision". "Part 52 of the Criminal Procedure Rules 2010, rules 52.7 and 52.8, set out the procedure for the execution of magistrates’ court distress warrants. The distress warrant must identify the person to whom it is directed, the person against whom it was issued, the sum for which it was issued and the reason that sum is owed, the court or fines officer who issued it and the court office for the court or fines officer who issued it (rule 52.7(1)". "A person to whom a warrant is directed must record on it the date and time at which it is received (rule 52.7(2)). Pursuant to rule 52.8(2), the person executing the warrant must explain to the debtor the order or decision that the warrant was issued to enforce, the sum for which the warrant was issued and any extra sum payable in connection with the execution of the warrant. In addition, if he has the warrant with him, he must show it to the debtor or if the debtor asks, arrange for the debtor to see the warrant, if that person does not have it and show the debtor the written statement of that person’s authority required by section 125A or 125B of the 1980 Act"
  15. I am a cab driver. I own two cars and a rent my cab. My wife left her job in September 2013. Did not need to car so filed a Statutory Off Road Notification (SORN) on 30 September 2013 for the surplus car. I put this car in the garage which is in the back garden of my house and accessible only through a gated-locked alleyway. Only my neighbours, who have their garages in their back gardens, have keys to the and thus, access. It is not open to public. On Saturday, 7th September 2013, a friend and his family come to visit us in the afternoon. We parked his car in the alleyway beside my garage. While there, decided to put bikes and some other stuff in the garage and therefore got the SORNed car out and parked it outside the garage. We came back home and spent quite a few hours e . At about 21.00 hours when we went back to the garage to get my friend cars and also put the bikes and my car back in the garage, we noticed that the gate was unlocked and just in front of my car a flat bed low loading car transport trailer was parked with a full load of car transporter ratchet straps in a large open holdall on it. Our immediate reaction was that somebody was going to steal the car and we probably disturbed them and they might be around. Scary thought. We waited for half an hour for someone to appear and justify the trailer. Also discussed calling the police but did not do so because on weekend night in London they are real busy and also it could be embarrassing if only it was some neighbor who parked the trailer. However, could not also leave the car back in the garage as garage door could be opened easily by just pushing it. Also, if somebody meant to steal the car, they probably had the key to the gate. Winter night, raining and very cold and also mid-night approaching, decided to park the car in front of my door in the street to put it back in the Sunday morning (Sunday) when things had cleared. Before that my son took few pictures of this trailer especially its registration number. Sunday, early morning my next door neighbour rang the bell and told me that my car has been clamped. I told him the whole thing and he said that actually someone has left the trailer for him!!! Spoke to the clamping people not very helpful rather intimidating. No DVLA on Sunday. Had to pay £260 (£160 refundable). Got tax disk Monday morning. Had to visit NSL Office (clamping contractor). This time the dealing lady was very polite and helpful. Completed the paper work and was told that need to do nothing more as they were doing it on behalf of DVLA and as I have already taxed the car. Happy thereafter – no. Now exactly six months after (8 June 2014), am in receipt of requisition to appear before the magistrate to faces the charges, fine up to £ 1000/ and a criminal record as I have not responded to a letter from DVAL seeking some information posted by them on 10.12.2013. Never received any letter, no reminder absolutely nothing. Will appreciate advice!! I intend to plead not guilty.
  16. I was claiming DLA for bipolar disorder. i have been working for DWP too. I got interviewed under caution by fraud department in the summer. I have now been summons to appear at the magistrates court. they say I failed to report changes of circumstance. Looking at it now I can see things changed, but I didn't complete the form, I just signed it, my mum filled it in. So I had no idea what was on it. I am appealing the DLA decision, trying to get at least lower. I suffer with depression and mania, and am suicidal. does anyone have any idea what will happen, what kind of punishment I will get. If I get a criminal record, I will never get my life back on track. I about to be sack from DWP too, losing my house because I'm bankrupt, and we can't afford to stay on one wage. I am so frightened and need some advice. I'm seeing a solicitor on Thursday. Its for about £7500, overpayment from Jan 2012 to July 2013, I started paying back this month.
  17. The subject of Magistrate court fines and in particular, the matter of bailiff fees for enforcing such criminal fines has been the subject of much debate on this forum for a very long time ( this will no longer be the case from 6th April when the new fee scale is implemented). Sadly, there are a handful of websites (known to this forum) that are known for providing misleading information to debtors and in doing so, the websites encourage debtors to either take court proceedings against either the bailiff companies, the Ministry of Justice or the Police. For a 'fixed fee' the website even offers to 'draft' the relevant claim forms on behalf of the debtor. It should be noted that to date, the websites in question have failed to provide any evidence of a successful court action. It would seem that yet another debtor (by the name of C.L.Miller) has been misled by the advice that he received on the internet and accordingly, made a Freedom of Information request to the Ministry of Justice in December. The link below is to his question and the official response dated yesterday. https://www.whatdotheyknow.com/request/bailiff_actions
  18. Every day I receive endless enquiries from debtors regarding the subject of Magistrate Court FINES and the matter of bailiff fees for enforcing the Distress Warrant. This is a subject that seems to provoke a great deal of interest in particular given that there are a few websites available which “claim” that bailiffs charging such fees are committing “fraud”. Such sites routinely encourage visitors to go to the court and pay the fine only in cash into a machine in the foyer in the mistaken belief that the court will accept payment and cancel the Distress Warrant. WRONG. The websites fail to tell the unsuspecting debtor that the courts forward the payment to the bailiff company and they will then write to the debtor to inform them that they are still liable for the bailiff fees. Over the next few days I will be adding to this thread to provide as much information as possible on this subject.
  19. Hi there, I have had a letter from collectica stating that, they have been given the disstress by the magistrate court with reference to an unpaid fine I live in a block of flats which is relevant as u will find out later in the thread I rang collectica and they have told me if I do not pay £40 per week they will come and collect my belongings. I have told them I am on benefits and am I single widowed parent recieving widowed parent allowance and child tax credit and don't have a job which is hard as I have a son. i have paid 4 of the payments on time but simply this has left me with no money I can't afford anywhere near £40 a week I would struggle to pay more than £10 is there anything I can do? Also as I said earlier the reference to my address is important for another question, the court never had my proper full address the only reason the letters got to me is because the postman knows my name I will explain my address is flat Edited to remove personal information The building is a 9 flat block of apartments known as the place, the disstress warrant is made to the following address edited , they have not included the flat number or the building name so my second question is can the collection agency legally forcefully make entry to my flat without the correct address ? Please pardon my grammar its not the best and thanks for taking the time to read this,kind regards
  20. Hi Guys, A few months ago I had an issue with a bailiff who clamped my car for an outstanding fine of £550. She explained to me it was a TV license fine and that because I did not attend a court hearing, I was issued the fine. I explained I never had a TV License inspector visit (i previously rented the property) and never got a letter from the court but she insisted. I ended up paying £300 that day and was advised on this forum to submit a statutory declaration as I wasn't aware of the letters. I submitted a Stat Dec and the fine was put on hold. Last week I received a Notice of fine and collection order from the courts of £275. The letter did not explain why I was fined but just said it was regarding the TV license. The letter also said I had till the 29th of October to pay up or contact them. So today at about 7am, I received loud banging on my door followed by the Bailiff clamping my car. I showed her the letter and she is insisting its not the same case, when it clearly is. So my question is, is it a mix up by the courts or have I be fined seperately by the courts? and if I was fined by the courts, Why? Please will appreciate a reply, Thanks.
  21. This action (beginning a private prosecution) has been discussed in some of our Bailiff threads, well the process has actually been started by one brave soul, though its against Police Officers, not Bailiffs. http://m.guardian.co.uk/uk/2012/jul/15/police-accused-kidnap-private-prosecution?cat=uk&type=article A district judge has given the go-ahead to a private prosecution against two Metropolitan police officers alleged to have kidnapped a man and threatened unlawful violence when they arrested him at his home, the Guardian has learned. Amazingly though, presumably the evidence is thus pretty damming, the Judge agreed and issues a Summons against the Officers. A very rare event it seems!
  22. I am new to the forum and hope i can get some help or insight as to how to deal with this matter. i was pulled over by the police in JAN 2011 whilst driving my partner's car,for not wearing a seatbelt . It transpired i was not insured to drive her car although i had insurance on my own car ( the insurance small print..did not cover me to drive another car). The police issued me with a ticket for not wearing a seatbelt, and 6 points to be endorsed on my licence for no insurance. the car was then towed to the car pound. We decided we wanted the matter dealt with by a court, ie the points, sent out the slip(part of paperwork issued by the police, and we registered the letter) I paid the £60 fine for no seatbelt. The next thing we heard was from the Magistrates Court in MID MAY - a 'notice of endorsement of licence', ''THE COURT HAS ORDERED THAT YOUR DRIVING LICENCE BE ENDORSED WITH 6 POINTS''. We also recieved a further letter, same clerk's signatory, difrent address, '' NOTICE OF FINE AND COLLECTION ORDER' , totaling £625. I wrote to the Court informing them that i did not recieve a summons to appear in court and therefore the ruling was made in my abscence which is not the procedure that has been laid out. We also copied the letter to the fine collectors. 3 days later, another letter from 'London Collection and Compliance Centre', (fine collectors) subject 'further steps notice' to collect the fine were being taken but could appeal if i liked. I wrote to them immediately letting them know that i wished to await a response from the court on why the ruling was made in my abscence , therefore, would not make any payments as l dispute and totally disagree with how the matter had been dealt with. Last week, the court finally responded and confirmed ... '''' the matter was dealt with at the first hearing on xxx date, in your abscence, the magistrate heard your case,they imposed a fine total £625.'' the letter further states...'''magistrates have guidelines to follow,you were fined in accordance with the guidelines based the relevant weekly income....'''' ??? WHAT? Letter further states if i was unaware of the proceedings i should make a statutory declaration. i received this letter last week from the court, a few days later, Phillip Bailiffs have now a 'notice of distress' and the amount total from 625 to 700£. Has anyone had to deal with this type of nonsense????? Do i need a statutory declaration even though the court has admitted no summons were sent out and the ruling was made in my absence? I am not spoked by the bailiffs although i do not want them to come to my premises of course, can they continue to harass me even though i dispute the matter? can someone help me please, any thoughts/insights appreciated. thanks in advance,
  • Create New...