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No insurance, case withdrawn. Bailiff charges not withdrawn


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I was stopped whilst driving a company car for using a mobile phone and was convicted in my absence of using mobile phone (£250) and no insurance (£550).

 

I completed a HORT2 form at the Police station and had to provide the certificate of insurance and proof of employment (ID badge, wage slip) to the Police, this was clearly marked on the HORT2 document.

 

The case was reopened and the Police document was produced clearly stating that proof of employment was provided, again in my absence. However the case was not withdrawn due to there being no proof of employment??? and was informed only a payment in full of £800 would be accepted.

 

I contacted the court 8 times by email and phone (records confirm) I was assured by telephone that the matter would be resolved.

 

In addition, I contacted the CPS who confirmed that if the Police are satisfied then so are they.

 

Whilst on holiday my car was removed by bailiffs. When I returned I applied to have the case reopened due to the above, the charge of no insurance was withdrawn using the same evidence as the previous hearing. However as the offence of using mobile phone was not withdrawn, the Magistrates Court refuse to instruct the bailiffs to refund their fees.

 

If the correct decision been made on the original reopening, the mobile phone offence would of been paid and the issue of bailiff fees would never have arose.

 

How can I claim back the bailiffs fees?????? All help very much appreciated

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They would be two seperate charges and two seperate fines ?

 

Letters from the court stated only payment in full of £800 would be accepted, I contacted the court several times within the 28 days to resolve and have records to confirm.

 

Things esculated due to it being claimed that I made no contact with the court.

 

The disputed offence was later withdrawn (no new evidence) and payment of £950 (including bailiff fees) was paid.

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This is an odd one. When being stopped for using a mobile phone usually attracts the option of an FPN or to go to court. And more seriously if the police cannot satisfy themselves at the road side that adequate insurance cover is in place, they usually seize the vehicle and you end up in court. The car is only released and charges dropped when the insurance cover is proven. From your account, the latter part of the situation seems to have happened so all seems ok on that score.

 

The mobile phone offence was obviously dealt with in court because presumably you elected to have the matter dealt there. The 28 days would start at the point of conviction of the offence. Usually when the matter is dealt with at court, the defendant is expected to attend.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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What I'm looking for is to have the warrant revoked and bailiff charges returned as the warrant was for both charges and only payment of £800 in full would be accepted.

 

The charge of no insurance was not withdrawn on the first relisting due to a) no proof of employment (the Police notes on the HORT2 confirmed otherwise, and, b) I made no contact with the court (my phone records confirm otherwise).

 

Additionally the prosecution (CPS) confirmed they were happy to have the case withdrawn.

 

The charge of no insurance was withdrawn on the second relisting (identical evidence as the first relisting), however the warrant wasn't.

 

Had the correct decision been made at the first relisting then no warrant would have been issued.

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Well obviously you proved that you had insurance which is why that part of the case has been dropped. But it seems that the mobile phone issue still stands. Did the court not re-issue or adjust the fine accordingly? If they did then surely you only had the £250 fine to pay within 28 days? Or was there court costs as well?

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Well obviously you proved that you had insurance which is why that part of

the case has been dropped.

 

It was not dropped at the initial hearing or the first relisting.

 

 

But it seems that the mobile phone issue still stands.

 

That is correct.

 

 

Did the court not re-issue or adjust the fine accordingly? If they did then

surely you only had the £250 fine to pay within 28 days?

 

 

Yes, the fine was reduced by £550 on the second relisting leaving the £250 to be paid, this was paid the next day.

 

Or was there court costs as well?

 

Bailiff costs for removing car, storage etc of approx £700.

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