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  1. Bit of news Marston holdings have lost the contract. New companies who will be collecting the fines will be Equita Excel Jacobs & JBW group. Contract begins feb 2019.
  2. Hi all, I am new to this site so please forgive me if I have posted in the wrong place. I have been fined £1200 by a magistrates court around 2 months ago. At the time I was not able to pay and was instructed by my solicitor to state that I could pay in instalments once I had an income to avoid a harsher punishment by the judge who was not in the best of moods on the day. I was advised by my solicitor and court staff to contact the collections department for fines to offer an amount I could pay monthly, every offer I ever made was refused for a payment plan but they kept telling me I could still make payments if I wished to do so. To this day, I genuinely have been unable to make any payments. Since becoming unemployed prior to this fine, I had to find a way to create an income. I set up a private limited company in August 2018 working from home selling goods online. I am the director of this company and 100% shareholder. My question is, now that I have started to receive letters from the court stating that further collection acticiry will take place, can bailiffs or court officers take control of assets/stock belonging to the private limited company which I am the director of? Any help would be appreciated as I am expecting a knock on the door any day now. Every week any money I make is being reinvested into existing and new stock, packaging, supplies etc. I am not yet paying myself a wage. I started this company with a surprise tax refund cheque and through selling my personal belongings as I needed to create a source of income as I was struggling to find work. This has paid off as my business is now getting somewhere so to speak. If I have missed any crucial information please forgive me and I will reply asap to any questions or requests for further information. I want to know whether what I have now finally built could be taken away by bailiffs / court collection officers!! Kind regards Hks91
  3. I had to attend magistrates last year (May 17) for doing 42 in a 30mph zone in August 2016. I had not received any previous corespondence (as far as I was aware) so was unaware of the incident until I received the 'notice of endorsement of driving record' - a £800+ fine and 6 points. I put in a statutory declaration explaining I had received no prior corespondence and I was given a new hearing (speaking to a solicitor friend a year after he said I should have requested a complete 'reset' and requested the initial fixed penalty notice as I hadn't been aware of the incident at all). In court I explained that on that particular day I was driving to work to a new place and was unfamiliar with the road, I had previously driven on it years ago and the speed limit back then was 40mph, it's one of these roads where the speed limit changes from 50 to 30 back to 50 again as you pass by residential areas. I explained I wasn't speeding on purpose, and that I was always used to it being 40 on that section of the road. Plus it was early morning and I was going through a rough period at the time. Regardless I was still fined £400 and given 6 points. Speaking to a friend recently, he said I was treated extremely harshly as 42 is just bordering on Band B (under the new rules), and even then the judges had leeway as you could argue that the speed cameras have a margin of error +/-2mph, so I could well have been within Band A. Also Band B denotes 4-6 points, and a minimum fine of £100, given the circumstances he said I should have been shown some leeway and been handed the minimum fine. I Just want some advice regarding this and whether I can appeal given the timescale.
  4. In September 2016, the government set up the HMCTS Historic Debt Team as a pilot scheme to recover outstanding court fines that had remained unpaid for a period of up to 10 years. In many cases, the reason for the fines not being recovered had been due to individuals moving address etc. In March 2017, the government announced that since its launch, the HMCTS National Compliance and Enforcement Service had recovered ‘significant sums’ and as a consequence; the Historic Debt Team expanded their tracing activities to recover outstanding court fines over 10 years old. Every day I receive at least half a dozen enquiries about an 'historic' fine and with far better computer technology at the courts, it is actually very easy to make enquiries about the fine etc and in many cases, an application can be made to the court for a Section 14 Statutory Declaration. Should I pay or make a Section 14 Statutory Declaration? Given that the majority of court fines from the HMCTS Historic Debt Team may go back many years, many people have little or no supporting documentation available and are naturally worried about the prospect of applying for a Section 14 Statutory Declaration and instead, decide to pay the amount requested in order to conclude the matter. This is perfectly understandable. Is there a time limit for making a Section 14 Statutory Declaration: An application for a Section 14 Statutory Declaration must be made within 21 days of you becoming aware of the court fine. PS: And despite inaccurate internet advice, it is not 21 days from becoming aware that a Statutory Declaration is on option !! Can I send a sworn Section 14 Statutory Declaration to the court (or the Historic Debt Team) by recorded delivery? No you cannot...most Magistrates court will reject your application and advise you that you must make an appointment and attend court in person ......(continued on the following post).
  5. Almost five years ago, both my parents passed away and instead of selling their property, my siblings and I decided to rent their property out. To cut a long story short, a London LA refused to accept that the property was rented out. As the next of kin, the LA took me to court for five years’ worth of outstanding council tax, this is despite receiving council tax payments in different tenant’s names. The case was repeatedly heard at the Magistrates court. There were several adjournments and it eventually went to the First Tier Tribunal. The panel agreed that our property was indeed rented out. How do we start the process of claiming all of our incurred costs back? What format should the costs be created in? Do we submit the costs directly to the magistrate’s court or to the LA? What are the do’s and don’ts of claiming costs from a LA? At the very start of the court hearings, our solicitor stated inside the magistrates court that we would claim all of our costs back. Some of the costs which we incurred were: (1) Solicitor consultation fees (2) Solicitor court attendance fees (3) Solicitor telephone conversation fees (4) Solicitor case draft fees (5) Solicitor tribunal attendance fee (6) We spent a lot of time attending a lot of court hearings, which we’d like to claim back. (7) We spent time writing and calling passed tenants, which we’d like to claim back. (8) Are we entitled to claim for travel and lunch expenses? (9) Are we entitled to claim for stress, anxiety and ill health caused by the court proceedings
  6. Hi all. I am new to the forum and would really appreciate any advice and feel a bit unsure asking as I have never done this before. Sorry if it is long winded. I had an unpaid magistrates fine of £370 passed to Collectica. I received a letter by post from them stating I must pay £675 in full or contact them to arrange a payment plan. Nobody has ever attended my property or hand delivered anything. I called Collectica and they accepted that I could pay £337.50 (half the amount) in 7 days time and then 5 further weekly payments of £67.50. This was an awful lot to me but I agreed. I paid the £337.50 by debit card the following week ( it was a Thursday) as agreed. Then I paid my first payment of £67.50 the next Thursday as agreed again by debit card. The following Wednesday I noticed when on my online bank that my payment was still showing as pending which it doesn't usually do for that long. I called my bank and they said that the person or company receiving the payment had not claim it and to give them a call. I rang Collectica immediately and told them and the lady I spoke to said she was unsure why this had happened and the amount would go back in to my bank account and she would place my account on hold till the following Monday and I could ring back up and re make the payment. I advised her that my 2nd payment would be due tomorrow and that I was more than happy to make both payments whilst on the phone and I would just wait for the returned amount to go back in to my account. She said this was not necessary and to call back on Monday. That following week my son who is severely autistic and has learning difficulties started having seizures which we were in and out of hospital for and it was a very worrying and stressful week in which I completely forgot to call Collectica and I hold my hands up this and am not saying it is right or trying to make excuses, I was just extremely worried about my son I called Collectica yesterday and explained this to them and also made a payment of £250 by debit card which was every penny I had and left an amount of £87.50 which I said I was able to pay in 6 days time (5 days as of today). I was advised that my account had been passed to enforcement and that if they came before I paid the £87.50 I would incur further charges. This is the part that has me worried. I have paid so much to them already and actually owe less than I would have had the problem with them not claiming the payment I made happened and had still been paying the instructed weekly amount. I only owe such a small amount and I have never once refused to pay or disputed any of it and I'm just so worried that they are going to turn up before Monday when I pay the £87.50 and I'm going to end up owing so much more. I don't know if there is anything I can do I am just sitting here expecting the knock on the door and was just looking for any advice and understand if there is none to give. Thank you for taking the time to read and in advance of any advice offered.
  7. Hi all, My partner drives ambulances for a living. Recently he received a Notice of Prosecution for speeding (48 in a 40 zone). He believes that - a). He wasn't doing over 40 mph (His crew mate has confirmed) and - b). That is is warranted as an ambulance driver as this particular job was a "red call" (meaning that it was a matter of life or death). The trouble is, he doesn't work for the NHS or the ambulance service, it is a company that is sub contracted by the ambulance service and they have different rules. He has disputed the notice and recently had a letter saying it's been referred to the Magistrates Court. My question is, what leg has he got to stand on? What is the worst they can do? His employer won't back him up, and he feels that not only was he not speeding but even if he was, he had grounds to do so. He is 44 and has held his licence for 20 years.
  8. Is an unsigned & unstamped Magistrates Court Summons legal. A semi literate friend of mine went to court on the wrong date (too late) to defend a parking ticket summons. When he told me about this later that day he had all the paperwork with him and it is blank as far as to who issued it, it is on headed paper with the Court address and telephone numbers, case number, his name and address, date of birth, that is it, nothing else. I have gone round in circles for 4 days trying to find out for sure if this summons meets the criteria required as he will appeal if he has a chance to reverse or cancel the MASSIVE fine & costs of over £850.... yes EIGHT HUNDRED + for breaking down on double yellow lines. The actual charge was :-Allowed a motor vehicle ................... to wait on a road, namely ............. when waiting was prohibited. It all started when his car was broken down and he was waiting for a tow and told a Warden as much and showed him all the oil that had been dumped by his car on the road. The warden still issued the ticket, unfortunately my friend ate it (his passive protest). His car was subsequently towed away with the aid of a friend. Can anyone give advice on the required format of a summons please. Thanks in advance Mike
  9. In March 2015 I was taken to the local magistrates court for certain council tax bills (briefly, I told the local council where I was living and they refused to update their records [the house was subject to a compulsory purchase order and the council wanted to pretend that the house was unoccupied] until I took them to a tribunal. They then updated their records and billed me for 5 years of council tax). The magistrate refused to grant a liability order for this old disputed council tax. I have paid recent council tax bills and I have a considerable amount of proof that I have done this (I even wrote on cheques what I was paying - where appropriate the cheques state it was full and final payment for the relevant year). The council has reallocated recent payments against the old disputed council tax and, after several adjournments, obtained liability orders for £5k of more recent, undisputed council tax bills in January 2016. I have stated that I have now paid these bills once and I have sent evidence of this to the council and their bailiffs. When I get a response it is that their records show a balance outstanding which they would like paid. The bailiffs are now "preparing papers" for an enforcement visit. I wont let them in but I am worried that they might take my car which I park on the street. This is a saga that, together with the compulsory purchase order, has dragged on for a decade. I would love to put it all behind me and get on with my life. I've done a Local Government Ombudsman Complaint and written to my MP & local Councillor without making progress. Any thoughts would be welcome.
  10. Story so far: Three days ago I received a Further steps notice from Thames Valley Magistrates saying I owed £922.50. I had no idea what this was about, but discovered (on ringing them) it was for non-payment of car tax (or driving an untaxed vehicle, it's not clear precisely). This was a total surprise as I thought I was taxed and up to date. However, it turned out I had indeed forgotten to pay (18 months ago!), and what compounded it was that I moved house (Dec 2014) and didn't update my log book. (I did update the address on my driving licence, and didn't think I needed to do anything else.) So all communications - prior to this last notice - must have been sent to my previous address. Obviously I'm guilty as charged, but equally obviously it's unfair that I had no chance to put this right earlier and pay a smaller fine. I was told I could make a Statutory Declaration, which - after advice from my CAB on wording - I have done, and have had it signed by a solicitor. So far so good. I have also sent a letter to the Thames Valley address explaining the circumstances, and been given a "grant of time to pay" to 19 May. My problem now is what to do about getting the Statutory Declaration to a magistrates court. I've been told I can present it at my "local" magistrates court (rather than Thames Valley magistrates), but I've had serious trouble (a) finding our which one that is, and (b) actually managing to talk to anyone. I live in Twickenham, and (after various levels of recorded messages) have been put through to either Brent or Lavender Hill. The phone rings for minutes on end, and when (if) someone actually answers they tell me what I already know, or something different, or they try to put me through to someone else and I'm cut off. The most recent conversation I had promised to pass my details to someone else who will call me back. Obviously I'm not expecting that to happen (and cannot stay in all day anyway - it's a landline, my mobile is unreliable). I haven't been able to find out if I need to make an appointment (and if so where and how), or whether I can just turn up. Should I turn up anyway and make an appointment there? And at which one? (Feltham is actually my closest court, but the recorded message there took me to Brent. The "court counter", if that's relevant, closed in February.) I've also seen advice online which suggests I can simply fax my declaration in - but perhaps that only applies for the original issuing court? Sorry for the long post, and I hope someone can give me some clear advice. Naturally this is relatively urgent.
  11. To take the discussion off another thread, there is an idea that councils can now attach to DLA or the new PIP to recoup Liability Orders, this is problematic if said benefit is funding say a Motability car on lease. Can we look at which benefits can lawfully be attached to so we can frame best advice?
  12. In 2015 there was a important and high profile Judicial Review regarding the serious matter of summons costs in relation to a Liability Order for council tax arrears. The case was that of the Reverend Paul Nicholson v Tottenham Magistrates and the London Borough of Haringey. In short, the court rules that Tottenham Magistrate's should not have allowed London Borough of Haringey to claim summons costs of £125 for each Liability Order given that the court did not have sufficient information before them to reach a proper judicial determination as to whether or not the costs claimed represented costs reasonably incurred by the Council in obtaining the liability order; 
The court found that Tottenham Magistrates Court erred in law by failing to make further inquiries into how the £125 was calculated. Accordingly, J Andrews ruled that the costs claimed were unlawful. Just before Christmas a further judgment was released in the case of another Judicial Review on an identical basis but this involving Highbury Corner Magistrates Court and London Borough of Camden. a copy of the Judgment is below: http://www.bailii.org/ew/cases/EWHC/Admin/2015/3788.html
  13. 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
  14. More than 50 magistrates have resigned in recent weeks over court charges that supposedly encourage defendants to plead guilty to save money, the Magistrates Association (MA) has said. The criminal court charge came into effect in April as a means of ensuring that convicted adult offenders pay towards the cost of running the criminal justice system. The hefty range of penalties is levied on top of fines, compensation orders, victim surcharges or prosecution costs already imposed on those who plead guilty or are convicted at magistrates’ or crown courts. The criminal court charge ranges from £150 for anyone who pleads guilty to a summary offence at magistrates’ court up to £1,000 for those convicted after a trial of a more serious offence at magistrates’ court. In the crown court, the charge ranges from £900 for a guilty plea up to £1,200 for conviction after trial. Because it costs far less to plead guilty rather than be convicted after a contested trial, some allege it creates a perverse incentive for the innocent to plead guilty rather than run the risk of failing to convince the court. http://www.theguardian.com/law/2015/jul/31/magistrates-resign-court-charges-encourage-innocent-plead-guilty
  15. Over the past few months a large number of Facebook pages have been set up (mainly by Sovereign Citizen/Freeman on the Land activists). A common feature of these pages is the use of highly dubious methods of 'beating the bailiff'. The most common feature, and one that is sadly costing debtors dearly is the advice to refuse to speak or correspond with the enforcement agent and instead, to pay the amount of the actual 'debt' (Liability Order, parking penalty notice, court fine) direct to the creditor (minus bailiff fees of course). From further reading it would appear that the reason for refusing to 'engage' with the enforcement company is that by 'engaging' the debtor becomes a 'joinder' and therefore is agreeing to a 'contract' being entered into (a daft Freeman on the Land theory and one that has no basis in law whatsoever). A rather worrying suggestion that I have seen on quite a few of these sites recently is the advice to debtors to make a complaint about bailiff fees to the Magistrate's Court under the provision of Regulation 1 of the Magistrates Courts Act 1980. This is novel idea and one that again is being sold by 'Guru's' and has no basis whatsoever in law. Of course as with all such scams, there is no evidence whatsoever of any court 'successes'. This is despite the highly inaccurate 'claims' on these Facebook pages that once the summons is laid before the Justice of the Peace that the Justice will either issue a summons directed to the bailiff requiring him to appear before the magistrates' court to answer the information or more ludicrously; that a warrant would be issued ordering the bailiff to be arrested and brought to court to answer the charges. A copy of a recent 'template' is provided in the following post.
  16. Dear Caggers, I have just won a case brought against me by the DVLA. I told them I would win 9 months ago, but those twerps do not listen! I found this site helpful in some ways when researching for my case but there was nothing exactly clear on my circumstances. So now I know I have won I would like to publish the details of the case to be of assistance to others and before going ahead would like some tips from regular users here on how to best do that. The case involved a car that was SORN, in a parking bay on a street opposite my house. It was clamped for being on the road. The dispute that followed was wether the car was on a 'public road' or not. The DVLA do not like the rather restrictive definition of 'Public Road' in Section 62(1) of VERA 1994, and prefer to use the definition from Section 192 of the Road Traffic Act 1988. This is where they thought they were being clever but actually have messed up. In the process the DVLA lied to me (all in evidence I can show), to the local county council and effectively to my MP. The DVLA prosecutor also got a member of staff from the local council to make a statement that was untrue. All the while charging me £21 per day 'storage fees' for my impounded car since September 2014. They also tried to withhold documents I had requested under Data Protection and Freedom of Information Act (also to avoid my having them before Court) and only supplied them after the Information Commissioners Office wrote to tell them they had breached the Data Protection Act I won the case, because EVERYONE at the DVLA, NSL (the clampers), Havant Council, Hampshire County Council, etc was pretending the law did not apply. Luckily the Court decided the law did apply and they were ALL wrong. This means that in potentially thousands of cases the DVLA and local councils are getting people to settle out of court for offences they have not actually committed. In the process I may have tested an important piece of Law, which is the House of Lords ruling in Clarke Vs Kato which is legally binding on all lower courts. This makes it clear that a car parking space, in particular a car park/parking area CANNOT also be a road. In my case there was no hesitation by the Court in agreeing it applied and nullified the DVLA's claim. In addition they agreed that the parking was associated with a Dwelling under Schedule 2A of VERA and therefore the clamping was unlawful. What I have is the following: Paperwork issued alleging the offence My 'Step 1' first appeal/complaint letter - explaining the law that applied & DVLA reply My 'Step 2' second appeal/complaint letter - explaining the law that applied & DVLA reply My 'Step 3' second appeal/complaint letter to CEOs office - and reply My Subject Access Request letter and documents (including the LOCS case management files) My Freedom of Information Act letter and documents (including DVLA policy and staff training) All the paperwork issued in relation to the threat of court action. My 26 page 'skeleton argument' that comprehensively explored the relevant law and Won the case. Dozens of Exhibits, including dictionary definitions, photos, extracts of law, DVLA internal training documents and letters. My own documents and SAR material may prove helpful in providing an example of how to approach writing to the DVLA and other Government agencies. (I also took the UKBA/Home Office to the Ombudsman and won some years ago, using similar approach). The Freedom of Information documents I intend to put into the Public Domain. These include: Written Policy to not discuss the definition of 'Road' with the public (that's why you can never get a straight answer!) DVLA's own 'definition of a road' (which is not exactly correct!) Letters to NSL explaining clamping policy with FAQs NSL clampers handbook explaining when they can/cannot clamp Now I am taking the matter up with the Department for Transport's Independent Complaints Assessor and I shall also be presenting a complaint with the Parliamentary Ombudsman for Maladministration. I may even create a little website to host the documents with explanatory notes. Your comments and suggestions are very welcome. It will take me some time to organise it all, but feel free to ask details about what I have.
  17. At a Liability Order hearing at Chesterfield magistrates’ court on 4th March two debtors were led out of the court by ushers. One of the debtors was Mr Henry who refused to remove his woollen had and argued that to do so would be a breach of his rights and he began quoting from paperwork stating that: “This is my thought, consciousness and religion and you cannot deny me these rights.” The second debtor was Mr Trevor Hill but he provided the court with his 'strawman' name of "Trevor of the Hill family". He told the court that he would not consent with the proceedings and argued that the court could not proceed without his consent. Magistrates retired briefly and Mr Hill was then led out by security as he referred to the rights of the Freeman of the Land. Despite not 'consenting' with the proceedings, Liability Orders were nonetheless granted against both debtors. http://www.derbyshiretimes.co.uk/news/crime/men-forced-to-leave-chesterfield-court-after-hat-and-phone-row-1-7157658#comments-area
  18. Marstons turned up on my door step yesterday, regarding a magistrates fine for not returning the log book slip, after selling a car. My 16 year old daughter was in at the time, she didn't open the door, but said that the 'officer' had threatened to force the door open. .which obviously scared her. I called the 'officer' today to see what my options were for repayment. He said that because it was a magistrates fine he could not agree any payment arrangement. He said that he would give me till tomorrow to pay it. But if it had been a county court, then it would have been a different case. Does this sound right?
  19. Hello I also have been hit with failing to meet the insurance requirements under the Section 144 (1) of the Road Traffic Act 1988 the DVLA say I didn't inform them of the sale of the car. I say I did and have some proof to that fact. My question is I entered a Not Guilty plea by post and asked for the DVLA witness to attend in person as I believe I can not dispute their evidence if their statement is read out in Court by a third party. I was advised by a friend with a little legal knowledge that the case will be adjourned and a new date set and rang Swansea Court today to confirm that. A lady in the listings department confirmed that was correct and not to bother turning up. Now I would very much like not to make a 500 mile 7 hour round trip for nothing but as the lady concerned would not give her name and I don't know whether I should go or not. I e-mailed the court at the same time asking the same question and I hoped I would get something in writing back. I didn't get a reply. Any advice from someone who has been in the same position would be appreciated. I am determined to fight the case but don't want to take a day of work and spend a fortune getting down to Swansea if I don't need to be there. Thanks Pat4
  20. I was paying back a fine for driving without insurance at £20.00, however, due to a number of family issues, my wife's deteriorating mental and physical health, my 19 yr old stepson suffering two strokes and being on police bail now for almost three years, so unable to work, I missed a payment in May. and the fine was put out to Marstons. I was visited by a bailiff in August, who noted my financial situation and that all of our property is still subject to a PACE order, (Crown Court criminal case still ongoing), and was to return the fine to HMCTS as uncollectable? Last week a delightful Mr McGovern called demanding with menace, the sum of £520. (the original debt was down to around £210), refusing any negotiations whatsoever. I lodge a suspension of the warrant only to contacted HMCTS who state that the forms are only for civil cases and that I will have to deal with Marstons direct. What else can I do now?, I'm broke, have a disabled wive, three children, reliant on benefits and can't work to get out of the situation. I contacted my solicitor who stated that the PACE order overrides all other court orders, but Mr McGovern believes otherwise. What forms do I need to complete for a magistrates Fine? Thank you in advance. NB the no insurance occurred when automatic policy renewal failed and my policy lapsed two days prior to being stopped. Car was taxed & Mot'd
  21. Just thought Id post what happened today. I was in court for being the RK of a vehicle that was un-insured 6 months after I had sold it. On arrival we were told someone would see us before court. I waited and was led into a interview office. The lady read the charge then asked if I had the car. "No" Did I sell the Car. "Yes" Did I send off the V5 "Yes" Well we haven't received it, can you prove it? I said no I couldn't. She then went on a bit about we can fine the original £80 now with no costs blah de blah. I then interrupted and said, "But I don't need to prove it. Section 7 of the Interpretation Act of 1978 says I don't" She looked at me, said we will withdraw the case and advised me in future to send correspondence recorded. I was in a rush so didnt want to argue
  22. To cut a long story short the bailiffs came yesterday looking for my partner with regards to a magistrates fine. They have previously visited his mothers address and my partner went to court to pay the fine in full and was told they couldn't accept it and to wait until November until the case was passed back to them. In the meantime they called yesterday and banged on doors and windows scaring me and my kids to death. I called the police who said he was within his rights and she called him up and said that they would be back tomorow at 7 with the police and locksmith. The house is mine I have lived here 5 years and all the belongings (nothing of value) belong to me as my partner previously lived with his parents and hasn't lived here long. He spent all yesterday speaking to people and was advised that under schedule 12. No break of entry could be done as it's my property and belongings. This morning the bailiff has turned up again shouting through letterbox that the police are on there way and locksmith. He's just left after 2 hours of sitting. Please help what shall we do. Update police now here
  23. Hello all, A bit late in the day on this one, but I bought two vehicles on the 4th December last year (one to keep and the other to be repaired and sold on) from the same seller. Both vehicles were moved to a private road (both were not on the road due to engine faults, so could not be driven) with one outside my mechanics garage on that road awaiting repair and the other in a private parking space. Both vehicles came without V5's, so I sent off at the same time a cheque for both with the forms V62 & V890 to SORN them in the post (only way you can do it without the V5's apparently). Both vehicles were then spotted as untaxed and lifted on the 10th December 6 days later. To get them released out of the impound I didn't argue or appeal as that would have just racked up more storage fees each day and in between the owner lcoated the aforementioned V5's amongst his paperwork and posted them onto me, too late then of course!! So, I am in court for having an unsorned vehicle on a public highway this Tuesday morning. I appealed the initial fine stating that the two relevant forms were sent off and this was rejected. Surely there must be a reasonable time to get a SORN in to them. Also, they have never provided proof that they received my documents either or acknowledged them. Is it best to just plead guilty with mitigating circumstances?
  24. Hi all, first post here but i was looking for some expert advice please. A few months ago i was traveling with a standard ticket on a packed South West Trains (SWT), i managed to squeeze on to the overcrowded train and was jammed in the vesting area between first and standard class. I had recently had surgery on my knee and it had been it was in the first few days after i was off crutches. It was extremely difficult and uncomfortable to stand for a long period of time in a packed vesting area. After waiting 15 minutes in extreme discomfort the next stop arrived and some further passengers got onto the train. At this point I couldn't stand any longer so i went into the empty first class carriage to take a seat. Just my luck 5 minutes later, a Revenue Protection Officer literally bursts into the first class carriage and angrily demands to see my ID. I was initially in shock, it felt like i was being arrested for robbing a bank, such was the ferocity of the protection officers! I explained to them the situation but they were very stubborn and claimed i was breaking the law. I offered to pay for a first class ticket or go back into standard class they said they had to take a statement of the offense - they also stole my weekly travelcard which had a few days remaining. I had wrote to SWT with my mitigating circumstances but they have completely ignored my case and are arranging a court date. I have been accused of committing an offense contrary to the Railway Byelaws: Bylaw 19... "In that you did, without permission of an authorised persion, remain in a seat, berth or any part of a train where a notice indicates that it is reserved for a specified ticket holder or holders of tickets of a specific class" What options do i have? - frankly i can't afford a solicitor so i was thinking of attending court and pleading guilty with mitigating circumstances. I find it extremely disturbing that after having paying tens of thousands of pounds to SWT over the last decade, the one time i needed a seat i am being charged with a CRIMINAL RECORD! It's simply absurd, for what would have been a £11.70 ticket which i have offered to pay but has been rejected. I admit i was wrong by being in that carriage but it seems inhumane given i was not evading fares at all. There seems to be no appeal process now. so i would like to hear from people who have been through this on how i should proceed in court? Thanks!
  25. Hi All, Two weeks ago I received a letter from LCCC demanding payment of £332 otherwise a whole lot of bad things would happen. This letter came as a bit of surprise as it was the first time I had received a letter from them. After phoning up I found out it related to a £20 penalty fare from First Capital Connect dating back a few years ago. In the eyes of the law I am guilty (just moved to London and I used my oyster to swipe in but didn't realise potters bar was outwith the zones - I offered to pay the £10 fare but refused to pay the £20 - I gave the person my name and address (as I planned to argue my case and have not heard anything until the letter from LCCC) I moved shortly after the incident and I guess letters have been going out to my old address. Today I went to the Hammersmith Magistrates court to sign a statutory of declaration stating that this is the first I have heard of the matter but I am not really sure what good it will do me. I have another court date at the end of July (the judge told me that effectively the case goes back to the start but I had a disagreement with him, much to his annoyance, that it has in fact not gone back to the start because I don't have the chance to respond to the original letter from First Capital demanding the original penalty fare. I don't really know what to do. I feel it unfair that I have received no communications from First Capital and how much effort have they done to find me? After all if LCCC located me surely First Capital can. I imagine they search by name and DOB - don't think the list would be that long. The legal assistant mentioned that it may be possible to turn up on my new court date and settle out of court. Rather than waste time in court should I try phone up and do this beforehand? Go to court and settle beforehand? Go into court and explain the above? Any words of advice would be greatly appreciated. Thanks S
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