Philips bailiffs & tv licence fine

[DebtInsomnia]

Hi,

 

I hope someone can help me.

 

I had a visit from a man claiming to be collecting an unpaid court fine for no tv licence.

 

This was the first I was aware of any court case or problem etc.

the man told me to ring 'them' to sort it and handed me a letter which was headed with Philips.

 

I wrote to tv licence and to Philips stating I knew nothing about any case so could they provide me with details.

 

It has taken weeks for either to reply,

 

Philips disregarded my letter a d have said I've made no attempt to contact them

and tv licence have said as the court have issued the fine they can't change it so its tough.

 

What do I do?

 

I'm so worried about them breaking in to my house,

 

I'm disabled and have two children one of who, is also disabled so I really don't need this stress.

 

I have told tv licence lot and Philips now known as collectica to contact each other

as I am not wasting anymore money on postage

and enquiries for something I know nothing about.

 

Oh and tv licence lot have also given two completely different reasons as to why I got a fine,

 

the first was someone attended and I admitted to using a tv with no licence

 

only problem with this is the date they are saying ist happened I was at a hospital appointment.

 

The second excuse as no one can agree how I apparently got caught was a detector van.

 

Any help on what I can do to correct this would be greatly appreciated. Thanks in advance

[i hate bailiffs]

Firstly philips are acting as bailiffs not debt collectors

 

With any form of court fine there is right by forced entry

do not let the bailiff into your property

 

Do you have the details of the court that issued the fine?

 

You need to contact the court as you are disabled you fall into vulnerable category bailiff action should stop

This fine will need paying but that can be sorted with the court once you contact them

 

Detector van i thought that was a urban myth i may be wrong?

[Surfer01]

Did you have a TV licence at the time of the alleged offence. TV detector vans are a myth.

[DebtInsomnia]

Thanks for your quick replies. No I don't have any details of which court etc and neither tv licence nor Philips will give me the information. Yes I had a tv licence at the time so don't know why it even went to court.

[brassnecked]

Thanks for your quick replies. No I don't have any details of which court etc and neither tv licence nor Philips will give me the information. Yes I had a tv licence at the time so don't know why it even went to court.

Did you get a summons? No? contact your MP, and inform them you are a victim of a miscarriage of justice, viz a fraudulent prosecution for TV licence when you actually had one, and the bailiff AND TVL refuse to give details of court etc, and you never received a summons.

 

As TV Licencing "officials" are actually Capita self employed salespeople, there have been cases where to meet a target they have reported someone for no tv licence when they had one, were caught out and prosecuted for the false prosecution. One came to light when a bailiff called at the address for the fine and the occupier complained to the court brandishing the licence. This is a possibility in your case also.

 

" an officer was convicted in Maidstone Crown Court of perverting the course of justice and four charges of false accounting after he fabricated confessions by four members of the public whom he hadn’t even visited, echoing an almost identical earlier case in Wales."

 

quoted from:

http://www.telegraph.co.uk/comment/personal-view/3563646/Time-to-stand-up-to-the-TV-licence-bullies.html

 

If you can find which court dealt with this, perhaps a Stat dec may work as to not getting the summons, along with a copy of the TV licence that was in force at the time the beak rubber stamped the conviction at the TVL kangaroo court hearing

Others will no doubt have some more advice

Edited January 15, 2013 by brassnecked

[DebtInsomnia]

That's correct, I have received no summons or anything until the doorstep man told me about it. Will send my MP a message. Thank you

[hallowitch]

Thanks for your quick replies. No I don't have any details of which court etc and neither tv licence nor Philip's will give me the information. Yes I had a tv licence at the time so don't know why it even went to court.

 

 

did you ask Philip's for this information over the phone ?

 

you need to ask in writing where you can view the warrant (send them an e-mail) remind them of

The Criminal Procedure Rules 2010

PART 52 ENFORCEMENT OF FINES

5) A person executing a warrant of distress shall—

 

(a)either—

 

(i)if he has the warrant with him, show it to the person against whom the distress is levied, or

 

(ii)otherwise, state where the warrant is and what arrangements may be made to allow the person against whom distress is levied to inspect it;

[ploddertom]

Have you moved recently?

[DebtInsomnia]

I have only had contact from them since his visit in writing as I don't trust them to say one thing one day then change it the next. But I will send an email quoting that act, thank you.

 

Ploddertom, I haven't moved recently been living here for 5 years now.

[ploddertom]

I would be tempted to try your local Magistrates and see if they have any record of you being fined for this. Not the first time a Bailiff has just matched a name with an address without really checking to see if he has the right person.

[brassnecked]

@ ploddertom, yes if your name is either very common or even unusual, but initials are different they may try to collect off you for someone elses fine, having had a look at the electoral roll.

[DebtInsomnia]

My reply didn't post :s anyway il try ringing around in the morning and see if I get any luck with that. Will they be able to help without a reference number? Sorry for all the questions, thank you for your time and help. Looking forward to a decent nights sleep once I finally stop worrying about these stupid people!

[lamma]

http://www.legislation.gov.uk/ukpga/1980/43/section/14

[DebtInsomnia]

Thank you so I basically need to find out which court it was an file a statutory declaration? Who or where or how do I sort a statutory declaration?

[brassnecked]

If you can find the court, you can swear a Sytatutory declaration at a solicitors, costs around £5 - £10, or the magistrates court, basically to say you never had a summons for this alleged offence and you have a licence that was vailid at that time.

[tomtubby]

I am sorry but this enquiry is actually very SIMPLE to resolve. It is clear that you need to file a Statutory Declaration. Before doing so you need to contact the court who are administering this debt. Please look carefully at the letter from Collectica/Philips and it SHOULD ay something like: HMCTS North London, HMCTS NW or SW etc etc.

 

Please post back and I will hopefully be able to help. If I miss your reply, please send me a pm to remind me to look back here.

 

This sort of query is actually VERY COMMON and the courts will arrange the statutory declaration very quickly. The fine will then be cancelled and bailiff fees removed.

[DebtInsomnia]

It doesn't have anything on about any court. I live in Gainsborough, Lincolnshire so will try ringing round closest courts. Just getting the numbers

[tomtubby]

Are you saying that on the letter from Philips there is NO reference as to which court etc this debt relates to?

 

Which is your local Magistrates Court?

[lamma]

The declaration - see post numbers 13 and 16 - should be free (and quick) at your local County Court. Doing it at Magistrates Court may need an appointment and a fee. I prefer the former to the latter. Identifying the original court is the bugbear. Perhaps it would assist if we could see the letters from Philips and "tv licence" as there may well be a reference number in the text. Haste is required,

[brassnecked]

If Phillips and TVL won't give details , send a photocopy of the Phillips letter with a request for help to your MP. This could be a phishing expedition by Phillips.

 

As per Lamma, if you could scan and post it up on here, removing personal details it may help

[DebtInsomnia]

It depends which way they have gone about it, I come under gainsborough so they sometimes use Lincoln when dealing with things but S****horpe is closer. I am currently waiting to hear back if Lincoln can trace this. Il get letters put up as soon as my boyfriend gets home as I cannot get to them