speeding fine Oxford Magistrates in October last year - Think Ive screwed up!

[dayoshir]

I had a speeding fine from Oxford Magistrates Court in October last year.

 

Yesterday I had a phone call from Marstons as they were attending my previous address.

 

I moved in December last year,

but prior to that I'd had 2 close family members and a very close friend all pass away within quick succession

and the court proceedings just went completely out of my head.

 

Add to that I wasn't receiving my post at my address at the time so I received no letters to serve as reminders.

 

I rang the court today and explained all this to them but they refused to do anything.

 

Currently I have my girlfriend staying with me as well as her 4 children (ages ranging from 2-12),

as she can't stay at her house because her ex is threatening to burn her house down

(she fled as her and the kids were subjected to violence).

 

I'm a bit worried about them coming to my address.

 

The compliance and enforcement fees have been added to the fine pushing it to over £500

but with my income of £220 a week I would struggle to clear it within 3 months!

 

Any help would be gratefully received

[fkofilee]

Why not open a dialogue with Marston's... Have they said it has to be 3 months? As this is a Court Fine, I seem to remember there is potentially some flexibility in it being paid.

Some of the other guys will be along shortly to advise.

[Bailiff Advice]

I had a speeding fine from Oxford Magistrates Court in October last year. Yesterday I had a phone call from Marstons as they were attending my previous address.

 

I moved in December last year, but prior to that I'd had 2 close family members and a very close friend all pass away within quick succession and the court proceedings just went completely out of my head.

 

Add to that I wasn't receiving my post at my address at the time so I received no letters to serve as reminders.

 

I rang the court today and explained all this to them but they refused to do anything.

 

The compliance and enforcement fees have been added to the fine pushing it to over £500 but with my income of £220 a week I would struggle to clear it within 3 months!

 

Looking first at your options. You appear to be saying that you knew about the court fine but with family circumstances (two close family members passing away), that you forgot about the court fine. Unfortunately, the courts position is that if you had moved address after becoming aware of the fine that you should update your address with the court. As you knew about the fines, you cannot file Statutory Declarations.

 

You say that you were not receiving correspondence at your address. Is there a reason for this?

 

The enforcement agent called you yesterday. Did you provide them with your number? Most importantly, is the enforcement agent aware of your new address?

[dayoshir]

I didn't know about the fine.

The last contact I had with the court was an email asking for the case to be reheard as I'd noticed points on my license.

 

 

I never received an outcome, or the collection order or FSN that they say were sent out.

I still don't know to this day where my post was going, I was living in a shared house at the time.

 

No the enforcement agent doesn't have my new address, the landlady of my previous address gave him my number.

[Bailiff Advice]

Another example of the importance of asking for background information !!

 

I am assuming from what you have said above that an application was made to have the case 'reheard'. Did you make the application (this should be for a Statutory Declaration)?

 

It is usually the case that the court will ask you to attend the court in person. Did this happen?

 

If the case was reheard in your absence, then the decision made by the court would have been sent to the address provided by you. Was this your previous address?

 

I would suggest that you call the court this morning to make enquires as to where correspondence had been sent. In most cases a Statutory Declaration may only be made within 21 days of becoming aware of the court fine. If an error had been made by the court with your address they may be willing for you to make another application.

 

PS: If you provide the court today with your new address......this may well be passed to the enforcement company.

[mikeymack2002]

Have you any idea how your former LL managed to stop the EA from forcing entry to your old property?

 

I doubt if you can make a further SD as you were aware of the fine by then. It becomes your responsibility to pay it.

 

Since this is a Magistrates fine they could force entry once they know your new address...

[mikeymack2002]

Which address were you living when you made your 1st SD?

[dayoshir]

There was no stat dec done. I rang the court and they said they would accept a letter by email asking for the case to be reheard.

 

The court sent to my old address back in October and November and I moved on the 1st December.

[Bailiff Advice]

In that cse, it would seem that you need to call the court and explain that you moved and they MAY allow you to file a Statutory Declaration.

Please post back once you have called them.

[dayoshir]

I said I could do that on my first phone call and they refused. Going to email and put it in writing and see what they say then.

[dayoshir]

This is the reply from the court.

 

I have been passed your complaint regarding he above account which has been passed to Marston's for collection.

 

The Court is unable to withdraw the Distress Warrant as this has been issued Lawfully and due to you being aware of the hearing on the 14th October when the matter was reopened this does not qualify for this to be withdrawn.

 

You will need to deal with Marston's as all the procedures were followed and this has been issued correctly.

[Bailiff Advice]

The response from the court appears to be in relation to a request to withdraw the warrant.

 

From what I had understood in your above posts, you had previously contacted the court about this fine and they advised you to WRITE to them with an explanation why you had not received the summons and to request a hearing for a statutory declaration. The court responded to your request but in doing so, they wrote to your previous address. You did not receive the correspondence.

 

Fast forward to Feb 2015, Marston Group are seeking to enforce the warrant. In your recent letter to the court 10 days ago did you explain that the court had sent the documents to the wrong address?