Distress warrant for UK Visitor (Foreigner)

[cupid]

Hi there we are in a very odd situation and would require some advice.

 

My brother is neither a citizen of UK nor he has ever lived here, he is of mature age and sometimes visit UK like once in 2 years for a month or sometimes 2 weeks in a year. He did a mistake without knowing UK motoring law took out dad's car in to the next street at night and got caught my police officer of driving without a third party insurance. He got a fine of £200. But instead of telling us or paying the fine online he gave 2 visits to the local police station, on saturday it was closed on Monday she was told by the officer that he should wait for the letter as its been more than 7 days.

 

He left UK as always, he has no address in UK, he applies for visiting visa on his own basis, we moved property as well (rented) and after 5 month letter came in our old property about his court hearing. We visit our old property twice a week to get letters that still goes to that address. Court hearing date was passed, it was on my brother's name and even if we had got letter on time it his presence to it was impossible. So I wrote a letter to court and explained his case and asked for new fine with mention that his salary is £300 per month only if we compare to UK. I also wrote that he is guilty and if court wants to contact him directly then please ask for our address. I also wrote address of our new house. I gave the letter by hand and it has magistrates court stamp as well.

 

No response came and just this week I got a torn letter from our old property that says NOTICE OF DISTRESS WARRANT an that they have been instructed by court to collect full payment of £830 or remove goods to sell at public auction. Date is like almost one month old and new tenants in our old property are never happy that we still visit their house to get our letters so I dont know may be they threw other letters or I cant really say.

 

Anyway the problem is fine of £830 is too much to pay for him as well. Its like his 3 months salary. My dad is supporting a family of 6 already and his yearly salary is £11K. Yes that much less. He is the only earner in our family. So even if we want to pay on his behalf we cannot and then I dont see the point that why my dad should pay for his 28 years old son. He cannot anyway.

 

No we dont know what to do. I dont think they know that he does not live in UK and was only a visitor. Case is already into bailiffs hand so would they consider monthly instalments? He does not live here so what can happen if we ignore these letters from bailiff? Like lets say when he applies for visiting visa lets say next year or so will his name be in criminal record?

 

We are not financially in good condition. There is no way we can pay £830 so the most we can offer is our car on which by brother got fined. But even if we have to offer this how it can be done?

 

 

Please advice. I will be very thankful to all of you.

[unclebulgaria67]

This is not meant to be rude, just factual. This is none of your business and you should stop trying to get involved. Your only connection with this, is that correspondence is going to an address you own.

 

The bailiffs acting for the court will soon realise that your brother does not live at the address they visited and they will stop going there. Just tell your tenants to inform the bailiffs that the person they are seeking does not live at the address and they don't know him.

 

Don't bother contacting the court or anyone else. They will only deal with your brother and as he is not in the country, he can't deal with it. The court will just take this back from the bailiffs and the fine will just remain uncollected.

[citizenB]

You could perhaps have your letters forwarded by the post office to your new address. They will make a small charge, but it might be worth it to ensure you receive your mail. You can pick up a form from the post office.

[cupid]

This is not meant to be rude, just factual. This is none of your business and you should stop trying to get involved. Your only connection with this, is that correspondence is going to an address you own.

 

The bailiffs acting for the court will soon realise that your brother does not live at the address they visited and they will stop going there. Just tell your tenants to inform the bailiffs that the person they are seeking does not live at the address and they don't know him.

 

Don't bother contacting the court or anyone else. They will only deal with your brother and as he is not in the country, he can't deal with it. The court will just take this back from the bailiffs and the fine will just remain uncollected.

 

 

Thank you so much for helping me with this. So when he comes next time then is it wise for him to go to court himself to clear his fines or they will keep a record that he does not live here and will contact him themselves? Many many thanks

[cupid]

You could perhaps have your letters forwarded by the post office to your new address. They will make a small charge, but it might be worth it to ensure you receive your mail. You can pick up a form from the post office.

 

Its £35 per month if I am not wrong? I am feeling embarrassed to say that we cannot even afford this much amount as well Thank you so much for your reply.

[unclebulgaria67]

Thank you so much for helping me with this. So when he comes next time then is it wise for him to go to court himself to clear his fines or they will keep a record that he does not live here and will contact him themselves? Many many thanks

 

Yes he could that and explain that he has never been a resident of the UK and explained this at the time of the driving offence. If you know which court dealt with the fine, you could ask your brother to write to the court, so they are aware that he is not a UK citizen. I doubt that the fine would be followed up where he is living, unless they have an agreement with the government of the country where is he is residing.

[cupid]

Yes he could that and explain that he has never been a resident of the UK and explained this at the time of the driving offence. If you know which court dealt with the fine, you could ask your brother to write to the court, so they are aware that he is not a UK citizen. I doubt that the fine would be followed up where he is living, unless they have an agreement with the government of the country where is he is residing.

 

So you mean when he comes over here again he contacts the court himself and what will happen if he does not will they wait for him to come back here again and stop him at airport? In such case will he bring extra cash with him to pay at airport?

 

I will anyway ask him to write to court but I dont think they read letters as I already wrote to them explaining he does not live here and got no response.

 

Many thanks.

[renegadeimp]

You need to be carwful here. They could place a marker on his file so it flags him up at the airport or port.

[unclebulgaria67]

So you mean when he comes over here again he contacts the court himself and what will happen if he does not will they wait for him to come back here again and stop him at airport? In such case will he bring extra cash with him to pay at airport?

 

I will anyway ask him to write to court but I dont think they read letters as I already wrote to them explaining he does not live here and got no response.

 

Many thanks.

 

A court would not be able to respond to you, because you are a third party. They will only deal with correspondence from your Brother. Get him to write to the court to explain the situation, that he is resident of another country and was at the time of the offence.

 

It is unlikely he would have any problems at airport or port, as that would only happen if there was an arrest warrant in his name. They generally only do that for serious criminal offences, not driving offences for which fines have not been paid.

[cupid]

A court would not be able to respond to you, because you are a third party. They will only deal with correspondence from your Brother. Get him to write to the court to explain the situation, that he is resident of another country and was at the time of the offence.

 

It is unlikely he would have any problems at airport or port, as that would only happen if there was an arrest warrant in his name. They generally only do that for serious criminal offences, not driving offences for which fines have not been paid.

 

Thank you so much for your wise advices. I will ask him to write asap and keep a copy with him as well for proof.

[Surfer01]

Its £35 per month if I am not wrong? I am feeling embarrassed to say that we cannot even afford this much amount as well Thank you so much for your reply.

It cost £33 to re-direct your mail for six months, not one month. See this link and click on prices for more info.