Making A Statutory Declaration at the Magistrates Court

[moufflon]

Hello again!

 

I've an appointment for Monday morning to make a stat dec at my local magistrates court ( initiated by bailiffs letters )

 

I'm wondering - should I do this even though I have learned from the original court that the offence is definitely mine - it was my car at the time and it was clamped by the police for the offence. We paid a release fee at the pound and thought that was the end of it as we didn't get any mail regarding the matter.

 

All correspondence went to a previous address due to me not updating my registered keeper details.

 

The bailiffs have put an extra £75 on each fine ( there were 2 for the same offence on different days - out of date tax disk )

 

 

Also, what exactly is the courtroom procedure like? I can't say I'm too fond of standing up in front of people and speaking publicly!

 

Thanks for your thoughts.

[Thegreenpimpernel]

the courtroom procedure?

 

I'm not speaking from experience, but I'd expect a bored civil servant in a back office more than a scene from LA Law!!!!

 

Let us know what happens.

[wonkeydonkey]

As pimpernel says you probably won't even get to see a magistrate, merely a back room clerk. no prisioner in the dock for you I'm afraid or handcuffs and ball chain.

[tomtubby]

Hello again!

 

I've an appointment for Monday morning to make a stat dec at my local magistrates court ( initiated by bailiffs letters )

 

I'm wondering - should I do this even though I have learned from the original court that the offence is definitely mine - it was my car at the time and it was clamped by the police for the offence. We paid a release fee at the pound and thought that was the end of it as we didn't get any mail regarding the matter.

 

All correspondence went to a previous address due to me not updating my registered keeper details.

 

The bailiffs have put an extra £75 on each fine ( there were 2 for the same offence on different days - out of date tax disk )

 

 

Also, what exactly is the courtroom procedure like? I can't say I'm too fond of standing up in front of people and speaking publicly!

 

Thanks for your thoughts.

 

If you fail to turn up then the warrant will be enforced and you will then be liable for a visit fee of £200 on top of what is already being asked.

 

It is NOT sufficient that you were aware of the matter. What is important is that you had not received a summons and therefore you were unable to enter a plea ie: (guilty/not guilty). Crucially, if you had ticked the box to confirm guilty, then the summons asks you to complete the MEF (Means Enquiry Form) where you provide brief details of your income and expenditure.

Courts have what is called "sentencing guidelines". For instance, for using a TV without a TV Licence the fine can be as much as £1,000. However, in most cases it is £100-£200. Again, if you are caught speeding at 85 miles per hour the NORMAL sentence is 6 points on the Licence.

 

What happens is that; when the case is due to be heard in Court, the Court Clerk will address the bench (Magistrates) to introduce the case and she will then advise them that the matter is concerning Mr Joe Blogs and relates to him having a vehicle on a public highway without valid road fund licence. She will then inform the Magistrates that Mr Blogs has failed to enter a plea, that he has failed as well to advise the court as to his financial circumstances (ie: that he is working, or on benefits etc)....and guess what....he has failed to turn up in Court today !!! Firstly, the Magistrates DO NOT like this as it is effectively like putting two fingers up to the legal system. Secondly, and this part is important.....without seeing details of the person's MEANS (ie: income and expenditure) the court MUST assume that Mr Blogs has sufficient AVAILABLE SURPLUS funds in which to afford the maximum fine and costs.

 

As many people on here know, I have a service providing bailiff advice to the public an I have assisted in hundreds of stat decs. In almost all cases, they are accepted and normally, it is the case that a stat dec can be completed and witnesses by a local solicitor and FAXED to the court. There is normally no need to attend. However, SOME courts prefer the person to attend early in the morning (before the court hear normal cases) and from discussions that I have had with various fines offices, the reason why they ask for the person at attend is to save them the cost of having a solicitor prepare a stat dec as sometimes, some solicitors are known to charge over £100 for the preparation.

 

On the example given above, a few weeks ago, I helped a person who had received 6 points on his licence after being detected on a speed camera of doing 84 miles per hours. He was also fined £450. All papers had been sent to a previous address. He filed a stat dec and received a NEW summons and his current address. He pleaded guilty, completed the Means Form and advised the court that he needs his vehicle for his job which involves extensive travel and yesterday he contacted me to say that the court had agreed to REDUCE the points from 6 points to 3 and they also reduced the fine to £250 from £450.

 

Statutory Declarations are VITAL

..

..

Hallowitch, Green, Wonkey and all other experts on here may want to save this answer for future reference.

[moufflon]

hi all and thanks for the information.

 

Yes, I will attend. I'll write later on Monday to say exactly what happened.

 

I am disappointed that it won't be like the court scenes in the Wire tho!!

 

Perhaps if I wear a tracksuit and tie?

 

I have to say to anyone considering this - that all persons dealt with at the various courts have been especially helpful and considerate.

[wonkeydonkey]

If you fail to turn up then the warrant will be enforced and you will then be liable for a visit fee of £200 on top of what is already being asked.

 

It is NOT sufficient that you were aware of the matter. What is important is that you had not received a summons and therefore you were unable to enter a plea ie: (guilty/not guilty). Crucially, if you had ticked the box to confirm guilty, then the summons asks you to complete the MEF (Means Enquiry Form) where you provide brief details of your income and expenditure.

Courts have what is called "sentencing guidelines". For instance, for using a TV without a TV Licence the fine can be as much as £1,000. However, in most cases it is £100-£200. Again, if you are caught speeding at 85 miles per hour the NORMAL sentence is 6 points on the Licence.

 

What happens is that; when the case is due to be heard in Court, the Court Clerk will address the bench (Magistrates) to introduce the case and she will then advise them that the matter is concerning Mr Joe Blogs and relates to him having a vehicle on a public highway without valid road fund licence. She will then inform the Magistrates that Mr Blogs has failed to enter a plea, that he has failed as well to advise the court as to his financial circumstances (ie: that he is working, or on benefits etc)....and guess what....he has failed to turn up in Court today !!! Firstly, the Magistrates DO NOT like this as it is effectively like putting two fingers up to the legal system. Secondly, and this part is important.....without seeing details of the person's MEANS (ie: income and expenditure) the court MUST assume that Mr Blogs has sufficient AVAILABLE SURPLUS funds in which to afford the maximum fine and costs.

 

As many people on here know, I have a service providing bailiff advice to the public an I have assisted in hundreds of stat decs. In almost all cases, they are accepted and normally, it is the case that a stat dec can be completed and witnesses by a local solicitor and FAXED to the court. There is normally no need to attend. However, SOME courts prefer the person to attend early in the morning (before the court hear normal cases) and from discussions that I have had with various fines offices, the reason why they ask for the person at attend is to save them the cost of having a solicitor prepare a stat dec as sometimes, some solicitors are known to charge over £100 for the preparation.

 

On the example given above, a few weeks ago, I helped a person who had received 6 points on his licence after being detected on a speed camera of doing 84 miles per hours. He was also fined £450. All papers had been sent to a previous address. He filed a stat dec and received a NEW summons and his current address. He pleaded guilty, completed the Means Form and advised the court that he needs his vehicle for his job which involves extensive travel and yesterday he contacted me to say that the court had agreed to REDUCE the points from 6 points to 3 and they also reduced the fine to £250 from £450.

 

Statutory Declarations are VITAL

..

..

Hallowitch, Green, Wonkey and all other experts on here may want to save this answer for future reference.

 

Excellent post TT informative and reassuring for the caggers.

[moufflon]

Hi all,

 

Here's a brief description of the court procedure - which is a full blown court procedure complete with oath, self representation and questioning.

 

I was called into court half an hour before my case. I watched 2 defendants enter and leave the dock before me. They have solicitors/lawyers talking for them and are placed in the glass dock.

 

The court room is a normal day to day magistrates court room with a justice of the peace up on her desk at the end of the room and several advisers and secretaries just below her. There is a scattering of solicitors and next-in-line people at the back.

 

When doing a statutory declaration you have to speak for yourself.

 

When called to stand I was led to the witness stand opposite the dock to make the oath then to explain myself to the court. This description of events and questioning took about 20 minutes including my signing of the stat dec and then reading it back out loud to the court.

 

That's it. Very straight forward and easy. I suggest thinking through what you want to say and say it to yourself a few times beforehand then you don't have to think so much on the spot.

 

I wrote it all out on two sheets of A4 just in case I had a court room melt down!

 

Send a copy registered post to the original court and keep a copy for yourself in case the bailiffs are so stupid they ignore the courts decision. Then you can show it to them and video their expression for posterity!

 

 

Thanks to all who gave me invaluable advice esp. Tomtubby.

 

ps. Listen to her advice.

[Thegreenpimpernel]

"a full blown court procedure"

 

I'm amazed, thanks for letting us know how it works.

[tomtubby]

Hi all,

 

Here's a brief description of the court procedure - which is a full blown court procedure complete with oath, self representation and questioning.

 

I was called into court half an hour before my case. I watched 2 defendants enter and leave the dock before me. They have solicitors/lawyers talking for them and are placed in the glass dock.

 

The court room is a normal day to day magistrates court room with a justice of the peace up on her desk at the end of the room and several advisers and secretaries just below her. There is a scattering of solicitors and next-in-line people at the back.

 

When doing a statutory declaration you have to speak for yourself.

 

When called to stand I was led to the witness stand opposite the dock to make the oath then to explain myself to the court. This description of events and questioning took about 20 minutes including my signing of the stat dec and then reading it back out loud to the court.

 

That's it. Very straight forward and easy. I suggest thinking through what you want to say and say it to yourself a few times beforehand then you don't have to think so much on the spot.

 

I wrote it all out on two sheets of A4 just in case I had a court room melt down!

 

Send a copy registered post to the original court and keep a copy for yourself in case the bailiffs are so stupid they ignore the courts decision. Then you can show it to them and video their expression for posterity!

 

 

Thanks to all who gave me invaluable advice esp. Tomtubby.

 

ps. Listen to her advice.

 

I am glad that the hearing went well.

However, in most cases, Stat Dec's are sworn before court hearings are heard and therefore MOST of them are a lot less "formal" . The result is all that matters and the court MUST then advise the bailiff company to return the Warrant.