Marston holdings at my door - car tax fine from yonks ago

[dx100uk]

cause I added it from the text in post 1

[champion77]

I said yonks ago because it wasn't recent. We have been here since early last year.

 

The CAB has put me onto a solicitor.

[Peterbard]

I said yonks ago because it wasn't recent. We have been here since early last year.

 

The CAB has put me onto a solicitor.

 

What wasn't recent, you said nothing happened?

 

and what does the amount of time you have been living there matter, did you have a car which was not taxed or didn't you.

[Bailiff Advice]

I said yonks ago because it wasn't recent. We have been here since early last year.

 

The CAB has put me onto a solicitor.

 

Its hardly an application that requires a solicitors intervention. I would have thought that their fees would likely equal the amount of the court fine.

 

Please do post back to let us know how the application progresses.

[champion77]

I ended up buying a sample stat dec, got it notarised by the solicitor and sent it recorded.

 

There was no "application", the court might come back with a summons and I get the evidence so I can decide whether to plea or defend it. The bailiffs are off my back.

[Peterbard]

Why would you buy anything?

 

There is no.application, as long as the court believes your story about not having knowledge of the hearing.

 

There is nothing which says they have to.

[sgtbush]

The enforcement agents are not off your back.

Just because you have sent it does not mean it will be accepted.

Until its accepted and I dont mean delivered, until its heard in court and accepted, enforcement continues

[champion77]

Can you show me the link for the information that makes you think the enforcement agents are not off my back?

 

The solicitor's advice is different to yours.

 

Apparently, it doesn't need to be "accepted," the solicitor says the proceedings are invalid when the defendant makes a statutory declaration leaving it with the court. I did read somewhere about it needing to be "accepted" but I am told its wrong and not to look at discussion groups for legal advice etc,,. Im told theres no hearing until the court issued a summons, but the solicitor said road tax offences may not be summoned after a certain time.

Edited September 8, 2017 by champion77

[champion77]

Why would you buy anything?

 

There is no.application, as long as the court believes your story about not having knowledge of the hearing.

 

There is nothing which says they have to.

 

I couldnt find one, but its buried for now.

[Bailiff Advice]

I ended up buying a sample stat dec, got it notarised by the solicitor and sent it recorded.

 

There was no "application", the court might come back with a summons and I get the evidence so I can decide whether to plea or defend it. The bailiffs are off my back.

 

Maybe it's just me, but something doesn't add up with your response. It was late on Wednesday afternoon that you told us that you had been referred to a solicitor and had your signature 'notarised' and then, just 24 hours later, you are claiming that your 'application' appears to have been accepted and bailiff enforcement placed on hold.

 

As I say, something doesn't add up.

[dx100uk]

Urm....

[colin11]

Double Urm...

[Bailiff Advice]

 

The solicitor's advice is different to yours.

 

Apparently, it doesn't need to be "accepted," the solicitor says the proceedings are invalid when the defendant makes a statutory declaration leaving it with the court. I did read somewhere about it needing to be "accepted" but I am told its wrong and not to look at discussion groups for legal advice etc.

 

Seems that this 'solicitor' failed to heed his own advice to you (not to look at discussions groups).

[dx100uk]

Wants his money by spoofing the OP he has magical powers

 

Nothing new there then!!

 

Could have done the SD for free if you'd simply searched here for the template....

[champion77]

Can anyone explain to me what this "application" is.

 

What is it that has to be "accepted".

 

I was given the advice not to read discussion groups after I had read them.

 

Legal advice says I may be summoned, but unlikely due to time limits

 

I couldnt find a template on this site for what I asked for, hence why I asked.

[BazzaS]

 

Legal advice says I may be summoned, but unlikely due to time limits

 

What was the advice?.

 

Was your case initially heard within time limits? (well, the limit of the initial summons.... if the summons was ssued within 6 months of the alleged offence, the hearing can be after the 6 months......)

 

As you have issued a stat dec, they get "NEW time to issue a new summons", provided the initial summons was issued in time.

If this wasn't the case, a stat dec (6 months after the alleged offence or more) would "kill a case cold", not 'reset it to the hearing stage', and that isn't how things are.

[Peterbard]

I don't suppose it is of any use but the application is in relation to the claim the debtor did not know about the fine and having known did not supply the SD within 21 days'

This the court does have the discretion to decide on. If they decide he must have known but did not act, they will not consider the SD has been duly served

 

Magistrates act 1980 section 14

(3)If on the application of the accused it appears to a magistrates’ court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in subsection (1) above within the period allowed by that subsection, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.

 

Not getting your legislation right can cause a lot of trouble and expense.