marston Speeding fine - bailiff refusing SD

[Garry Bibb]

 

Also a EA does not have to show a warrant when asked, nor does he have to have one in his possession.

 

 

He must however show his authority to enter if asked. Not sure what could show that authority other than a warrant. Any idesa?

[sgtbush]

Can we please stop peddling this myth? A stat dec served within 21 days does not need to be 'accepted' or 'validated' or put before a judge. It is served, a new hearing or SJP notice is arranged and enforcement stops. That is it.

 

I'm glad that's what you think but I think you'll find I am correct. 15 yers working for the MOJ

You also need to read tho in its entirety

Statutory Declarations Act 1835

[Garry Bibb]

The courts do not update Marston by email.

To update a warrant or withdraw they, the courts log into Marstons servers as a client and update or redact warrants.

The court call centre lady is fobbing you off. Typically the call centre lady is promoting she has either more power than she has and/or winging it as she doesn't have the full knowledge of what goes on in the courts

 

Why is everyone questioning the fact that HMCTS has confirmed the SD was received and Marstons were updated to stop enforcement? I find it very strange.

[Garry Bibb]

I'm glad that's what you think but I think you'll find I am correct. 15 yers working for the MOJ

 

Can you provide the Criminal Procedure Rule that says you're correct? I can show mine.

[king100]

The courts do not update Marston by email.

To update a warrant or withdraw they, the courts log into Marstons servers as a client and update or redact warrants.

The court call centre lady is fobbing you off. Typically the call centre lady is promoting she has either more power than she has and/or winging it as she doesn't have the full knowledge of what goes on in the courts

 

Ok well Marstons told me they need an email from the court and the court told me they had emailed marstons. The court stated that they had emailed them.

 

Please explain to me why then if he can force entry did he not? The bailiff would jump at the opportunity to do it.

[sgtbush]

Because the stat Dec may not of been accepted as truth. A N245 was used????? I dont know why, its the wrong form and would be discontinued instantly and because the warrant was still active on the courts system the stat Dec has not been heard.

An application for stat Dec does not stop enforcement.

[sgtbush]

Ok well Marstons told me they need an email from the court and the court told me they had emailed marstons. The court stated that they had emailed them.

 

Please explain to me why then if he can force entry did he not? The bailiff would jump at the opportunity to do it.

 

Because its only used as a last resort

[king100]

Because the stat Dec may not of been accepted as truth. A N245 was used????? I dont know why, its the wrong form and would be discontinued instantly and because the warrant was still active on the courts system the stat Dec has not been heard.

An application for stat Dec does not stop enforcement.

 

No I originally send a N245, then I realised and sent a stat dec.

 

Ignore the part of the N245. I sent that off 1st and that was my mistake.

 

Stat dec sent signed by commisioner of oaths.

 

Again why if he had a valid warrent and is allowed to use a locksmith did he not.

[king100]

Because its only used as a last resort

 

This was last resort, I wasent going to let him in.

[Garry Bibb]

No I originally send a N245, then I realised and sent a stat dec.

 

Ignore the part of the N245. I sent that off 1st and that was my mistake.

 

Stat dec sent signed by commisioner of oaths.

 

Again why if he had a valid warrent and is allowed to use a locksmith did he not.

 

Although you've clarified this several times, some on here still don't understand that you sent the N245 in error, was told the correct procedure and then served the stat dec.

 

Sgtbush - please understand that the N245 was not used to serve the stat dec.

[king100]

Sorry to ask this question, why then ever fill out a stat dec if a bailiff can still come and use a locksmith, if you have to wait for it to be heard, that could be weeks or months.

[Garry Bibb]

Sorry to ask this question, why then ever fill out a stat dec if a bailiff can still come and use a locksmith, if you have to wait for it to be heard, that could be weeks or months.

 

Don't worry, it doesn't. You just need to serve it, nothing more.

[king100]

This is from here on another post.

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the Distress Warrant and all bailiff fees will then have to be removed.

 

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

 

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

 

This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

 

Doesnt mention anything about it needing to be put infront of a judge.

[Garry Bibb]

This is from here on another post.

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the Distress Warrant and all bailiff fees will then have to be removed.

 

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

 

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

 

This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

 

Doesnt mention anything about it needing to be put infront of a judge.

 

That is all 100% correct.

[Garry Bibb]

Just for clarity, the law is here:

 

https://www.legislation.gov.uk/uksi/2015/1490/article/24.17/made

[Bailiff Advice]

If you have to wait for it to be heard, that could be weeks or months.

 

Not so. Once an appointment is made at your local Magistrates Court, a hearing is usually only a couple of weeks time and furthermore, it is usual at the time of making the appointment that the court will instruct the enforcement company to place a 'hold' on enforcement awaiting the court granting the statutory declaration.

 

I should also perhaps add that I have a great deal of experience with these applications and address queries on this subject many times each week.

[king100]

Just for clarity, the law is here:

 

https://www.legislation.gov.uk/uksi/2015/1490/article/24.17/made

 

So if correct then this section

 

(5) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a single justice procedure notice—

 

(a)the court must treat the single justice procedure notice and all subsequent proceedings as void (but not the written charge with which the case began);

 

And to send the stat dec in a classed as serving.

[Garry Bibb]

Not so. Once an appointment is made at your local Magistrates Court, a hearing is usually only a couple of weeks time and furthermore, it is usual at the time of making the appointment that the court will instruct the enforcement company to place a 'hold' on enforcement awaiting the court granting the statutory declaration.

 

I should also perhaps add that I have a great deal of experience with these applications and address queries on this subject many times each week.

 

I think the OP was questioning the advice of a stat dec being 'heard'. It isn't heard, it's served - there is no hearing to 'hear' the stat dec. It's simply used to halt and rewind proceedings.

[Garry Bibb]

So if correct then this section

 

(5) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a single justice procedure notice—

 

(a)the court must treat the single justice procedure notice and all subsequent proceedings as void (but not the written charge with which the case began);

 

And to send the stat dec in a classed as serving.

 

Yes - there is no requirement to make an appointment. You can serve by post or deliver it personally to the court, leaving it with a designated officer.

[sgtbush]

FMoTL rearing its head I thinks....

 

Its not weeks or months for a stat dec to be heard.

A judge does piles of them in his/her chambers every day.

 

You have 21 days to send a stat Dec, properly notarised to the courts from FIRST learning you have a criminal fine or civil penalty.

An application does not stop enforcement.

If, for example you "forgot" about the fine or you have moved and you failed to update the dvla then they more than not fail.

The warrant stays active until a judge either accepts it and the clock gets rolled back to apoint you are able to defend yourself or rejected and enforcement continues.

Sometimes EO company's will put a hold on enforcement to allow a stat dec to go thru if they belive you are genuine. But remember they hear the same story 100's of times a day.

 

Search cag for similar cases as yours and you will see that the same advice is given by 100s of different people so the "advice" hear is not shocking. Its shocking to FMoTL twaddle believers.

I've outlined the procedures and explained why they reacted to you the way they did.

Take my advice or don't. I dont really care, but now as you have someone that sounds like an Allie or shoulder to cry on I'm unsubbing from this thread

[king100]

Not so. Once an appointment is made at your local Magistrates Court, a hearing is usually only a couple of weeks time and furthermore, it is usual at the time of making the appointment that the court will instruct the enforcement company to place a 'hold' on enforcement awaiting the court granting the statutory declaration.

 

I should also perhaps add that I have a great deal of experience with these applications and address queries on this subject many times each week.

 

Ok so stat dec sent 20th Feb, Marstons told to hold off till the 6th, so technically 2 weeks. Then it would have gone infront of a judge and it would have either been declined or accepted.

 

Then why as its the 14th do we not have any acknowledgement of this?

If it has been declined why has Marstons not enforced it? ie called locksmiths

Why did he just leave?

Why did the court say it has been accepted?

[Garry Bibb]

FMoTL rearing its head I thinks....

 

Its not weeks or months for a stat dec to be heard.

A judge does piles of them in his/her chambers every day.

 

You have 21 days to send a stat Dec, properly notarised to the courts from FIRST learning you have a criminal fine or civil penalty.

An application does not stop enforcement.

 

A stat dec is not an 'application'. Please read the Criminal Procedure Rule 24.17.

 

(4) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a summons or requisition—

 

(a) the court must treat the summons or requisition and all subsequent proceedings as void (but not the information or written charge with which the case began);

 

You seem to be calling the CrPR FMOTL twaddle. I thought FMOTL ignored legislation? That's what you seem to be doing.

[sgtbush]

Just for clarity, the law is here:

 

https://www.legislation.gov.uk/uksi/2015/1490/article/24.17/made

 

That's how to legally do a stat Dec, not what happens afterwards.

Ps personal insults on here just undermine your validity in responses.

Keep to topic

[Bailiff Advice]

This is from here on another post.

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the Distress Warrant and all bailiff fees will then have to be removed.

 

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

 

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

 

This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

The bailiff MUST then withdraw all enforcement.

 

 

Doesn't mention anything about it needing to be put infront of a judge.

 

I suspect that the post above was fairly old (and may even have been one of mine). If you read the following link, you will see that the way in which most courts now addresses Section 14 Statutory Declaration has changed.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?485349-Magistrates-Court-fines...Section-14-Statutory-Declaration...do-I-need-to-attend-court-in-person

[king100]

Sorry I am lost here. I sent a stat dec in, bailiff who has power to call a locksmiths and force entry comes, informed that sta dec sent to court, I am advised by court that marstons has been informed not to enforce.

 

Yet the link tells me that an apperance in court is needed. Other half hasent been to court.

 

if bailiff has the right to enter then why didnt he? Unless of course the stat dec has been infront of a judge and they are trying it on. All will be revealed when I call the court tomorrow and find out when Marstons were informed.