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    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
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gavva2010

Help needed with council tax summons pls

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I recevied a summons for non-payment of council tax in January, without any prior reminder or final-demand letter. I phoned them & paid the amount owing, however the person on the phone advised that I could waive the £50- fee for the upcoming court date, & all would be fine. I then received a statement from the council last week, claiming "you owe £75.00 from previous tax years". 

 

I emailed Anglia Revenue Partnership to enquire about this amount, as far as I was concerned it was all up-to-date, & received a reply stating that

 

"I have checked the notes on your account and you spoke to my colleague on the 31st January 2019. She advised you that the costs were payable and you advised that you would pay the charge and not the costs. It was not agreed that these would be withdrawn and in fact because there was still a balance outstanding the case continued to Court and you received the additional £25.00 costs. Therefore I am afraid that the costs are still fully payable, as we did not agreed to withdraw."

 

 Making the new total £75.00 owing. This is nonsense. I recall the phonecall perfectly well, & I was told "if you leave the £50- charge, they usually just waive it". & if it continued to court, why have I not been contacted, as I wasn't there? 

 

I'm really not happy about this additional charge, as far as I'm concerned I was obviously given some very shoddy advice from the council, which has left me with this extra bill. During the chat I had with the council prior to the court hearing, I also queried why I hadn't received a reminder, & was told "you've had reminders in the past, & final demands, so this time they skipped that stage & went straight to a summons".

 

I accept I should have paid on time, & this initially was my error & not theirs, but this seems like a very slack approach to dealing with people.  

 

Any help/advice would be gratefully received, thanks

 

 

 

 

 

 

 

 

 

 

I have replied to ARP stating this

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Posted (edited)

I'd take anything the call centre says with a pinch of salt.  Personally, I'd take it up with my local elected councillor, via email or phone, they will quickly get to the meat of the matter and sort it out for you.

Edited by London1971

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Thanks for this London1971, I've sent my local councillor an email outlining this, I'll be back to report if / when I get a response. 

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Follow them up in 48 hours if you don't get a response.

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Will do, I used a very handy website which looks them up & provides a short-form which it sends directly to them... Not sure if I'm allowed to mention their web address on here or not, (I will if I can?) certainly a very convenient tool to get access to them thoguh.

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Prior to a summons there has to have been a demand notice and at least one reminder/final notice at some point. Depending on the specifics though these can be have been issued some time prior to the action and, if you've already had 2 reminders during the year then there is no requirement to issue a third before a summons is issued,

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Posted (edited)

Thx for your reply ss002d6252 - I had made a lump-sum payment last year, which I had mistakenly thought covered me to the end of the Financial Year, but in fact had only covered up to November. I recall I may have had a reminder or 2 last year, for missing the monthly payment deadline, (Due to a period of financial difficulty around Springtime), but not specifically related to the missed Payment for This January. So do they see it as "you've used up all your reminders for this year", or was I entitled to the reminder & Final Demand for this separate occasion? 

Edited by gavva2010

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Posted (edited)
1 hour ago, gavva2010 said:

Thx for your reply ss002d6252 - I had made a lump-sum payment last year, which I had mistakenly thought covered me to the end of the Financial Year, but in fact had only covered up to November. I recall I may have had a reminder or 2 last year, for missing the monthly payment deadline, (Due to a period of financial difficulty around Springtime), but not specifically related to the missed Payment for This January. So do they see it as "you've used up all your reminders for this year", or was I entitled to the reminder & Final Demand for this separate occasion?  

 

The standard process is that one demand notice covers April to March so the reminders are based off that demand notice - if an amended demand notice was issued during the year it resets the counts but otherwise it's a maximum of two reminders in any one council tax year. Keep in mind that if either of the reminders are complied with then you lose the right to instalments (therefore you don't always get two reminders as a warning.).

Edited by ss002d6252

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So I'd used up my reminders for the year then, that does explain the Summons without any prior warning. So the only issue now is that they advised me one way on the phone, & typed something else on the notes. Hence the £50- has now become £75-, no reply from my local councillor yet - I'll be following that up later today. 

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It's a busy week, (if you have elections in your area), in which case your councillor might be different tomorrow if they get voted out.

 

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I've now written to the (new) local councillor, I'll be back on here when I get a response. Thanks for your help 

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