TV Licensing Magistrates Fine Marstons Bailiff

[Etsranged]

Hello CAG, 

 

My friend received a letter out the blue from Marstons Bailiffs saying she owes just over £500 for a TV Licence fine she knows nothing about. She has recently moved to a new address. 

 

I spoke to the HMCTS enforcement office who have said that the summons and correspondence were sent to her old address, and have also put the bailiffs on hold for ten days and suggested she makes a statutory declaration for re-trial/hearing?

 

She did notify TVL of her new address via email but no longer has access to that email account. She also signed something from the TV person who visited her when she was at her old address. 

 

She doesn't mind paying the fine but I believe she has been cheated out of the chance to plead guilty and pay the Magistrates fine directly to the Magistrates avoiding the ridiculous bailiff fees. 

 

What are her options at this point? 

Could she get another hearing and plead guilty by post bypassing the bailiffs? 

 

Any help is greatly appreciated!!! 

[dx100uk]

she should have [and should do now] a change of address to ANY creditors listed on her credit files or the owners of any debts she has dating back within say 7 yrs to be safe she doesn't suffer the same kind of backdoor litigation that has happened here..this includes the DVLA with regard to licence and car v5c.

 

as for this issue, again sadly of her own doing.

as the bailiff says she needs to file a statutory declaration to the issuing court that she did not received latter paperwork.

then she might get a chance to reset things without bailiff fees, not sure how likely this will succeed for TVL fines mind, not my ballgame.

 

little tip

next time a tvl private capita operator knocks on her door NEVER sign or admit to anything no matter what they say.

sadly by signing she admitted she was watching live tv without a licence no matter what they bloke said she was signing for.

usual trick is fold the paper over and ask you to sign that he had visited...the rest is the catch you on the back page.

[Etsranged]

Thank you kindly for the advice! 

 

I know she shouldn't have signed anything, and she certainly does now.

 

She's pretty sure she was paying tvl at that time also. But I'll check her bank statements to make sure. 

 

How would she file a statutory declaration for not receiving paperwork, does she ring the Magistrates and they send a form? Would there be any extra fees, costs added if she did manage to get another hearing? 

 

Thank you kindly

[dx100uk]

these might help

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=tv fine statutory declaration&oq=tv fine statutory declaration&gs_l=partner-generic.3...99751.111177.0.112382.29.29.0.0.0.0.190.2411.26j3.29.0.gsnos%2Cn%3D13...0.11416j6053470j29...1.34.partner-generic..29.0.0.qHusfKAbFyk

 

dx

[Peterbard]

I don't know what is in the above link, but you have 21 days from your date of knowledge to make a declaration under the Majistrates court act. Best thing to do is  ring the court and make an appointment to go down. You can plead guilty and you will.indeed recieve your rebate with  no extra fines or charges, bailiff enforcement will also cease

 You can also do this by post.

[Etsranged]

Thank you kindly!.

Would this be the Magistrates court that issued the fine or do I contact the nearest Magistrates Court local to her? 

 

Thank you kindly

[dx100uk]

nearest will do.

dx

[Etsranged]

Thank you that's great, can I just ask one last thing,

 

I've been reading another post from bailiff advice about sending the declaration, but how does the predure work? 

 

Does she download the form first, then makes an appointment and takes it with her to the Magistrates,

is there a space on the form for her financial situation and guilty plea or is this a separate form,

I think it has to be signed under oath or something,

is this done at the court on the day? 

 

Also does she need to bring any additional information to the court with her? 

 

Sorry for the silly questions but she's going to be a nervous reck and breakdown so I'm trying to make sure she gets this right.

I have been up most of the night but can't find any resources regarding the exact procedure. 

 

Thank you kindly. 

[AndyOrch]

https://www.nationaldebtline.org/EW/factsheets/Pages/magistratescourtfines/magistratescourtdebt.aspx

 

https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/october-2015/tsm001-eng.pdf

[Bailiff Advice]

21 hours ago, Etsranged said:

Hello CAG, 

 

My friend received a letter out the blue from Marstons Bailiffs saying she owes just over £500 for a TV Licence fine she knows nothing about. She has recently moved to a new address. 

 

I spoke to the HMCTS enforcement office who have said that the summons and correspondence were sent to her old address, and have also put the bailiffs on hold for ten days and suggested she makes a statutory declaration for re-trial/hearing?

 

 

She doesn't mind paying the fine but I believe she has been cheated out of the chance to plead guilty and pay the Magistrates fine directly to the Magistrates avoiding the ridiculous bailiff fees. 

 

 

One important point here is that so many people either responding to the summons or making a Section 14 Statutory Declaration for a TV licence court fine make the  mistake of stating that they were NOT GUILTY of the offence. The document (TVL 178)  that your friend signed in the presence of the TV Licence Enquiry Agent would have been a Prosecution Statement and signing of the statement would be to confirm that she (or he) had been guilty of using a TV without a valid TV Licence. 

 

[Bailiff Advice]

3 hours ago, Etsranged said:

Thank you that's great, can I just ask one last thing,

 

I've been reading another post from bailiff advice about sending the declaration, but how does the predure work? 

 

Does she download the form first, then makes an appointment and takes it with her to the Magistrates,

is there a space on the form for her financial situation and guilty plea or is this a separate form,

I think it has to be signed under oath or something,

is this done at the court on the day? 

 

Also does she need to bring any additional information to the court with her?

 

 

 

 

The way in which MOST courts deal with such applications is as follows: 

 

Your friend would need to first find out which court convicted her and if possible, a reference number. 

 

Next she will need to call her nearest Magistrates Court and explain that she is looking to make a Section 14 Statutory Declaration.   The court will usually take down all of your friends details and will call her back later that day with a date and time for appointment. 

 

When she attends in person, it would be a good idea to provide some evidence that she had indeed moved address between the time of the visit from the TV Licence Enquiry Agent and the date of conviction. 

 

With regards to completion of the Financial Statement, the Court Usher will give  your friend a  copy when she attends the hearing. 

[Etsranged]

Thank you kindly for the advice.

 

She knows what court convicted her, and has a reference number, she has her Tennancy agreement for her new house with a date she moved in,  I'm sure she could find something with a date when she moved out of her old place. 

 

This has made perfect sense to me, but does she obtain the decleration form on the day when she attends court? Or does she need to fill it out before hand? 

 

Oh and I forgot to ask can I stand with her at her hearing like a solicitor would or will she be up on the dock by herself? 

 

Thank you

[Bailiff Advice]

1 minute ago, Etsranged said:

 

 

This has made perfect sense to me, but does she obtain the form on the day when she attends court? Or does she need to fill it out before hand? 

 

Thank you very much

 

 

 

There is nothing wrong in having a prepared Section 14 Statutory Declaration when attending for the appointment but in most cases, a copy is given by the Court Usher.  Can I just stress that these applications are extremely common  and your friend should have nothing to worry about. 

 

When telephoning for an appointment, your friend should mention that the case is currently with bailiffs and that a temporary short 'hold' has been placed on the account. Ask if the court could get an extension. 

[Etsranged]

3 hours ago, Andyorch said:

https://www.nationaldebtline.org/EW/factsheets/Pages/magistratescourtfines/magistratescourtdebt.aspx

 

https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/october-2015/tsm001-eng.pdf

Thank you for that,

 

I've noticed there is no where on the form to plead though, I'm assuming she would write it in the comments section? 

 

Thank you kindly

Edited July 4, 2019 by Etsranged

[Bailiff Advice]

2 minutes ago, Etsranged said:

Thank you for that,

 

I've noticed there is no where on the form to plead though, I'm assuming she would write it in the comments section? 

 

Thank you kindly

 

There is nowhere on the form to enter a 'plea' and that is simply because the purpose of a Section 14 Statutory Declaration is to revoke the conviction because something has gone wrong earlier in the proceedings (such as, the summons being sent to a previous address). 

 

Straight after hearing the Section 14 Application, the court will then hear the case against your friend as if this was her initial attendance. She will then be asked whether she wishes to plead guilty or not guilty to the offence. If she enters a 'guilty' plea (which in this case is to be advised), the Magistrates will take her Financial Statement into consideration. By pleading guilty, she will also qualify for a one third reduction in the fine. 

[Etsranged]

1 hour ago, Bailiff Advice said:

 

There is nowhere on the form to enter a 'plea' and that is simply because the purpose of a Section 14 Statutory Declaration is to revoke the conviction because something has gone wrong earlier in the proceedings (such as, the summons being sent to a previous address). 

 

Straight after hearing the Section 14 Application, the court will then hear the case against your friend as if this was her initial attendance. She will then be asked whether she wishes to plead guilty or not guilty to the offence. If she enters a 'guilty' plea (which in this case is to be advised), the Magistrates will take her Financial Statement into consideration. By pleading guilty, she will also qualify for a one third reduction in the fine. 

Thank so much, thank you all for the advice, I believe I understand what to do now. I shall ring the court on her behalf on Monday or tomorrow. 

 

Thank you again so much