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Changed address on v5 and the bailiffs show up
irishmark
post Fri, 22 Apr 2016 - 19:38
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Hi all,
I got home from work today to find a bailiff letter demanding £1271 from 'Marston tracings and investigations unit' for non payment of some fine.
The letter states they have a warrant of control for my possessions if it isn't paid within 14 days.
It doesn't say what the original offence is but from what I've read here it seems likely it might have been a speeding ticket at one point.
So, otherwise I have no indication what I've done, I had only recently updated my v5 to my current address which is no doubt how they have traced me.
It's been a while since I updated my v5 and I move house often, so I've never seen any of the original documents, court orders or whatever. I haven't seen anything and no nothing about them.

I've only got one question - do I have any defence at all or do I just have to suck it up and find the money for these bailiffs?
Is it simply my fault for not updating my v5 before now, or can I get the whole thing reconsidered?

thanks loads for any help, I'm panicking, this is not a trivial amount of money obviously!

Mark
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post Fri, 22 Apr 2016 - 19:38
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Logician
post Mon, 25 Apr 2016 - 20:54
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“Never ascribe to malice that which is adequately explained by incompetence.”

Also if the police have not charged the original offence as well as failure to supply, then it may not appear on the papers available to the court.


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bama
post Mon, 25 Apr 2016 - 21:46
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either way it is impossible to make an informed plea without
1) seeing the case against you - the entire case not just the charge9s)
2) having time to seek advice - you are not a lawyer.
suggest take a CM1 form with you and use it wisely i.e get prosecution to fill in it.
It is the prescribed form.
called cm001 in this link
http://www.justice.gov.uk/courts/procedure...inal/forms-2015


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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southpaw82
post Mon, 25 Apr 2016 - 23:15
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QUOTE (bama @ Mon, 25 Apr 2016 - 22:46) *
either way it is impossible to make an informed plea without
1) seeing the case against you - the entire case not just the charge9s)
2) having time to seek advice - you are not a lawyer.
suggest take a CM1 form with you and use it wisely i.e get prosecution to fill in it.
It is the prescribed form.
called cm001 in this link
http://www.justice.gov.uk/courts/procedure...inal/forms-2015

Whatever your views on whether it's right or wrong an accused can make a plea before seeing "the entire case", since there's no requirement to disclose any evidence before a not guilty plea has been entered.

Form CM1 is for use after plea to allow the court to give effective directions for case management. It won't be completed and to hand other than for a not guilty plea. That's assuming there's a prosecutor there to give the required information.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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bama
post Tue, 26 Apr 2016 - 07:06
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believe me it can and does get used before plea.


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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southpaw82
post Tue, 26 Apr 2016 - 10:36
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QUOTE (bama @ Tue, 26 Apr 2016 - 08:06) *
believe me it can and does get used before plea.

Of course it can be, and should be if the prosecutor anticipates a not guilty plea. However, you should not advise an OP that they can expect the form to be completed before plea and if that was not your intention you need to make it clear.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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irishmark
post Wed, 27 Apr 2016 - 18:23
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So to update the thread in case its useful to anyone.
Went to Magistrates today and eventually (5 hours later) got the stat dec.
The "retrial" that was booked wasn't in fact today but is in June.

An interesting point:
Before my stat dec I phoned Lavendar Hill court to ask them to put the Bailiffs on hold, they refused and said, no, get a stat dec.
At the same time I emailed two addresses asking the same thing. ("Enquiries" and "Fine queries")
The Enquiries email came back first and refused to tell me anything, just said you have to phone us.
Today a reply from the Fine queries address came back and they have said they have put the bailiffs on hold for 21 days and provided information about the original case.

Not sure there is much to glean from this apart from keep trying, sometimes you get lucky and it seems to depend on the person what you might get back.
For me it didn't matter as the stat dec had gone thru by the time the email arrived anyway.


Oh and it turns out the original offence was a red light I missed..
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