Jump to content


  • Tweets

  • Posts

    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2427 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

My husband got fined for a motoring offence a couple of months ago, we were unable to pay anything off the fine as we really have problems feeding the family at the moment. We just don't have enough coming in.

 

8 days ago we got a visit from excel civil enforcement, with costs the amount owing has risen to £900, we dont have this much money, my husband explained this to the bailiff and asked for time to pay in installments and was refused. He said he would be back this week and that we would have to find it in the week. We don't have anyone we could borrow this off and no way of raising it. We have nothing to sell, if we sell the car then my husband cant get to work. He has pushed another letter through the door today saying the removal bailiffs will be back tomorrow at 6am.

 

I am so scared, I have fed my family of four on £30 in the last week due to no money, I really don't have £900. What will they take? Will they take things belonging to my children. My husband will be in work at that time, I will be here alone with the children. I don't even think we own enough to cover £900 of debt, I guess they will take everything?

Share this post


Link to post
Share on other sites

Please don't panic. £900 sounds a lot so I can't help wondering if some of this is made up of charges. How much was the original fine?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post


Link to post
Share on other sites

The £900 sounds as if itis made up of £600 fine & £300 costs. Did he attend Court when the case was heard? Was he means tested? Prior to the Bailiff becoming involved did he receive a Final Steps Notice from the Court?


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Thanks for the replies. I believe the £300 costs is right. Basically we moved to a smaller house and didn't know anything about it until they called the week before last. We didnt have a mail redirect on and our old house has been left empty with no way of picking up mail.

 

We don't dispute owing it. The bailiff says its taken them long enough to find him and they wont wait for payment.

Share this post


Link to post
Share on other sites
Thanks for the replies. I believe the £300 costs is right. Basically we moved to a smaller house and didn't know anything about it until they called the week before last. We didnt have a mail redirect on and our old house has been left empty with no way of picking up mail.

 

We don't dispute owing it. The bailiff says its taken them long enough to find him and they wont wait for payment.

 

I assume you know which Court it was? You should contact them and say you knew nothing of this until the Bailiff arrived as you moved & ask to make a Statutory Declaration - you may need to be firm if they try to fob you off.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

if you have moved house and not recieved info or letters from the courts you can do a stat dec and have the clock rolled back to pre enforcement and sort the matter out with the court direct

Share this post


Link to post
Share on other sites

Joey.

 

Leaving aside the fees ( which are £300) it would seem that the fine is quite a lot and I would guess that the fine was imposed as your husband had failed to respond to the summons. It is so important to respond because if your husband had pleaded guilty then he would have also been required to complete the simple Means Enquiry Form that would have been provided with the summons.

 

The Magistrates will always impose a fine at the lower end of the sentencing guidelines on a debtor who had pleaded guilty. If guilty, your hubby would not have needed to appear in court and instead, the Magistrates would consider the information on the Means Enquiry Form when setting the fine.

 

Also, before being allowed to issue a Distress Warrant there is a legal requirement that a Further Steps Notice be sent.

 

If the info above is correct and hubby had not received a summons then there is a VERY SIMPLE solutions.

 

He needs to call the issuing court immediately and explain that he had not received it and they should allow him to swear a Statutory Declaration. All enforcement will be CANCELLED.

 

One point that I would make is that the court will NOT allow payment of a fine to be less than £20 per month. This is because, there is legal provision that provides for deductions to be made at the rate of £5 per week for unemployed people. Anyone in employment will not be able to pay less than those who are unemployed.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...