Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.
The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%..
Did it get to trial ? or is that yet to happen ?
Then be prepared to get your cheque book out.
You will be served with the evidence the prosecution intends to rely on to convict you when you receive notification of court action. This will almost certainly be in the form of a "Single Justice Procedure Notice" (SJPN). They have six months to begin court proceedings and in most areas take all of that. You will be given three options:
1. Plead guilty and have the matter heard by the Single Justice (a hearing which you cannot attend).
2. Plead guilty and opt for a hearing in the normal Magistrates' Court (a hearing which you can attend).
3. Plead Not Guilty.
If, after viewing the evidence, you decide on (1) or (2) you will be sentenced in accordance with the sentencing guidelines. These suggest a fine of half a week's net income (maximum £1,000, reduced by a third for a guilty plea). You will also pay a surcharge of 10% of the fine (Minimum £30 - or £32 if the offence was committed on or after 28th June 2019) and costs of £85. You will also receive 3 penalty points. So you can see that the costs and surcharge will exceed £100 before you consider the fine.
If you choose (3) you will have to rely on either (a) the prosecution being unable to prove its case or (b) successfully rebutting their evidence. The cost of failure here is high. You will obviously lose your one third discount for a guilty plea and the costs will increase to as much as £620.
You can see that you "old fashioned" approach could cost you dearly. But you takes your choice and pays your money 😪 (or hopefully not 😀).
I was not aware that mitigation can also apply to actions taken after the event. I have not outlined this to date, I will write another letter stating this given I now use a monthly travel card and would never attempt it again. However, the Court date is in 10 days so I'm not sure I would receive a response in time.. seems to be worth a try though.
Thank you dx100uk.
Sorry, but I don't understand. Am I "quoting" unnecessarily? I'll stop that, henceforth, if so.
That said... "any claim, though I cant see why this mbna is not concluded, so why the confusion....." confuses me as I cannot contextualise your reference and thought I had intimated I am concluding the MBNA claim and no longer pursuing my SAR request, following your help in that query.
I am simply wondering if your last reply refers to this (MBNA SAR) thread or my more recent (general PPI enquiry) thread, is all.
Apologies if I am not helping myself through helping you, in this. I am trying as best I can, though. And am grateful for your help.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!