Nicked!

[simplesimon99]

Driver gets done for driving whilst speaking on a mobile. fine £155.

 

Fine is not paid whithin a couple of months and the debt is assigned to a collection agency or put out for collection to an agency.

 

Collection agency try and collect fine and adds on £225 for turning up at the front door.

 

Are they entitled to add on what they like or is it a confrontational try on. Car and all assets owned by partner and driver is unemployed.

 

What is the legal position of the person fined

and is collection agency trying it on?

 

Does one offer to pay the fine and a contribution in full and final settlement?

 

Thanks in advance. Nicked!

[Guest Happy Contrails]

 

Are they entitled to add on what they like or is it a confrontational try on. Car and all assets owned by partner and driver is unemployed.

 

What is the legal position of the person fined

and is collection agency trying it on?

 

Does one offer to pay the fine and a contribution in full and final settlement?

 

 

The official advice on bailiffs fees for collecting unpaid magistrates court fines: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says …are not allowed to charge you more than the amount you are fined, however, additional costs for removing and selling goods may be added to the amount you owe.

 

This literally means, if no goods have been moved by a bailiff then the only amount is the outstanding fine, and if a bailiff tries to tell you otherwise then he commits an arrestable offence under Section 2 of the Fraud Act 2006.

 

The law (Section 92 of the Courts Act 2003) only provides for HM Court Service to tender a contract with a fee agreement for collecting unpaid fines, bailiff companies then tender-bid for these contracts. This allows a bailiff to deduct his fee at the agreed rate out of fine paid. A fine is not the same as a debt, and bailiffs cannot lawfully increase a fine by adding fees. The contract is not legally binding on any convict or defendant unless a magistrate has made a Cost Order against the convict (very Rare!) - and that only happens when the defendant has an opportunity to defend it. A costs order will have the costs amount shown on the certificate.

 

The poster on this thread successfully had all bailiffs fees removed unchallenged after telephoning the magistrate's court and quoting the above information: http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500