Bailiff Letter from Marstons re unpaid Magistrates Court Order I was not aware of

[pcboffin]

Hi,

 

I've read the forum and found some very useful advice, but there are a couple of specific issues that I would appreciate further advice on.

 

A Short Summary:

 

In April I was notified by the DVLA that a car I owned was kept on the public road without a valid license, The car was registered SORN and parked in a visitors parking spot opposite my house, in a place I believed to be 'off the road'.

 

Some correspondence ensued in which they disagreed (naturally) but that was the last I heard of it, so I did not bother to chase it up and remind them.

 

Then on Monday I received a letter from Marston Group Bailiffs stating they had a Magistrates Court Order for non payment of a fine from a hearing 20/06/2011.

 

I knew nothing of the hearing, or would have attended and argued my position, and at the very least pleaded mitigation and requested a reduction of any fine due to my circumstances.

 

I have spoken to the local court fines department, who claim that I was sent a notification of hearing, a notification of fine, and a further document demanding payment - I cannot find any record of these documents and had I received them I would have responded.

 

The address they have is correct in that the car was registered to this address and I have lived here for 10 years. However, my local post has been unreliable at best.

 

Naturally the Bailiffs only concern when I rang was to get some payment off me, and they were not interested in delaying anything to sort things out (I was advised to explain this to the bailiff when he turned up - and no doubt after he had added his hefty attendance fee)

 

I spoke to the court fines department, who said that there was nothing I could do except appeal to the Crown Court, which she made clear could involve large additional costs and suggested there was no way that the Magistrates court would reconsider my case or the fine imposed.

 

I've read the (very useful!) post on statutory declarations which seems to apply, and getting it signed is no problem, since one of my clients is a Notary Public.

 

The only questions I have which hopefully someone can answer:

 

1. Is a Magistrates Court Order a 'distress warrant' as mentioned in the declaration? If not does the declaration still apply.

 

2. Once the court has received the declaration, what is supposed to happen - is the case recalled for consideration? Is there a standard procedure that is always followed, or like most things do I need to chase things up (for example notify the bailiffs of the declaration, chase the court up to contact the bailiffs, etc.? ) I know from experience how quickly courts move, and its likely that the 7 days bailiff deadline will pass before they actually do anything,

 

The original offence I still think is arguable, but at the moment my main concern is purely to avoid the bailiffs attending (even if they take nothing as I will not let them in) and adding their huge fees to the debt.

 

Is it possible to have the case reheard at the Magistrates based on the declaration, or is it going to be better to accept it and work on reducing the fine (The unpaid tax levied was only £85, with £60 costs and £500+ fine)

 

Any advice gratefully received.

 

Many Thanks

 

Gavin

[pcboffin]

Just to update, having done some research and spoken to National Debt Line (who are very good btw!), I plan to do the following:

 

1. Use the form from the Dept of Justice Site to make a statutory declaration.

 

(Post limit won't let me add links, so they are at:

 

xxx.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/criminal/docs/crim-pr-form-part37-statutory-declaration-revised-aug-2011.doc

 

and

 

xxx.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/criminal/docs/crim-pr-form-part37-statutory-declaration-revised-aug-2011.pdf)

 

(replace xxx with www)

 

 

updated in August 2011 so appears to be the most current and official version.

 

2. Get it signed by a Notary Public (handily I have one as a client and am seeing him on Friday to do some work, so that presents me no problems)

 

3. Fax it to Medway Magistrates Court and await their speedy response (/irony mode off)

 

4. In the meantime, I've emailed, faxed and will post a letter tomorrow to Marston, notifying them of the situation, asking them to delay any action, informing them if they do attend I will not let them in, and putting on record that the van parked in my driveway is essential for my business so cannot be taken.

 

5. Sit back and wait...

 

Any advice on things I should/should not do as well gratefully received.

 

Its nice to actually feel I've taken some action though, and this forum (and the search facility) has been a tremendous help in pointing me in the right direction. I hope maybe that my post will assist someone else in the same position...

 

Gavin

[Guest Happy Contrails]

1. Is a Magistrates Court Order a 'distress warrant' as mentioned in the declaration? If not does the declaration still apply.

 

 

Yes it is.

 

DVLA doesnt need to go to magistrates court to issue a fine, its a statutory penalty.

 

 

2. Once the court has received the declaration, what is supposed to happen - is the case recalled for consideration? Is there a standard procedure that is always followed, or like most things do I need to chase things up (for example notify the bailiffs of the declaration, chase the court up to contact the bailiffs, etc.? ) I know from experience how quickly courts move, and its likely that the 7 days bailiff deadline will pass before they actually do anything,

 

Phone the court manager and tell him you have filed a stat dec for the order to be rescinded and ask what you should now expect.

 

 

The original offence I still think is arguable,

 

Write to the DVLA and tell them the car is on private land and declared SORN. You can phone them (record the call) and tell them and ask they stop enforcement.

 

If that fails, then start a claim in the small claims track to recover the fine, costs fees plus 8% interest from the company.