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Marston Warrant of Control received 29.10.2018, Apparently relates to a speeding fine sent to a previous address
Mysilvercar
post Wed, 31 Oct 2018 - 08:08
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I received the attached letter on Monday of this week.

At first i thought it was a bogus letter but after contacting HMCTS i received the following (redacted) response:

Good morning,
Thank you for your email, the contents of which have been noted.
Your account xxxxxxxxxx is to pay a fine for an offence that was heard at Warrington Magistrates Court on xx/03/2018. The offence details are as follows:

You failed to give information about the driver of a vehicle that was allegedly guilty of the following offence:- On xx/11/2017 at WARRINGTON drove a motor vehicle, namely A VOLKSWAGEN xxxxxxx, on a road, namely THE B5210 WOOLSTON GRANGE AVENUE, subject of a local traffic order, namely A LOCAL ORDER, at a speed exceeding 40 miles per hour.

You were fined £826.00 and your licence was endorsed with 6 points.

All original correspondence for this case was sent to FLAT 3, 32 KEPPEL ROAD, MANCHESTER, M21 0BW as this was the address passed to the court by the DVLA at the time of the offence.

As your account is now with Marstons and no longer held by the collections department, you will have to contact Marstons directly to arrange payment of your fine. Please be advise Marstons charge additional fees once an account is passed to them, if you require further information about these fees we advise you to speak to Marstons. Their contact details are as follows:


Is there anything that i can do at this stage to deal with the course or ask for a review in light of the fact that the first knowledge i had of this was on Monday (29th Oct 2018)?
It seems unbelievable that no one attempted to trace me until this was passed over to the debt recovery agency - i am on the electoral and council taxt register at my current and have been since March 2017.

My car is insured for the correct address and the address on my licence (which they have apparently endorsed) is correct so surely they could have contacted me easily?

Obviously i now need to update the registered address of my car however i am also concerned if my credit rating will now be affected.

I am really hoping that someone on here has some insight on how best to deal with this issue.

Many Thanks

Mysilvercar
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post Wed, 31 Oct 2018 - 08:08
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Jlc
post Wed, 31 Oct 2018 - 09:00
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What about your v5?

Anyway, the priority to perform a Statutory Declaration (SD) to have the conviction removed. Upon finding out about the conviction you have a limited time to do this - it's usually best to contact the convicting court. (It can be done at other places if urgency is required - as the bailiff will continue with enforcement until such time it is removed)

This is your priority - if you were driving at the time of the alleged offence it's usually best advised to perform a 'plea bargain' to drop the more serious s172 (failing to furnish) charge in favour of the speeding. If you perform the SD at court then they will ask you to submit a plea there and then - unless they are 'friendly' to the plea bargain then not guilty pleas should be entered (especially as they are unlikely to present any evidence at the time).


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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peterguk
post Wed, 31 Oct 2018 - 09:06
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QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 08:08) *
My car is insured for the correct address and the address on my licence (which they have apparently endorsed) is correct so surely they could have contacted me easily?



Your DL has nothing to do with your car.

As mentioned above, your V5C, or vehicle registration document is what matters. The address on that is what will have been used by the police and courts.


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Bailiff Advice
post Wed, 31 Oct 2018 - 10:14
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QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 08:08) *
I received the attached letter on Monday of this week.

At first i thought it was a bogus letter but after contacting HMCTS i received the following (redacted) response:

Is there anything that i can do at this stage to deal with the course or ask for a review in light of the fact that the first knowledge i had of this was on Monday (29th Oct 2018)?
It seems unbelievable that no one attempted to trace me until this was passed over to the debt recovery agency - i am on the electoral and council taxt register at my current and have been since March 2017.

My car is insured for the correct address and the address on my licence (which they have apparently endorsed) is correct so surely they could have contacted me easily?

Obviously i now need to update the registered address of my car however i am also concerned if my credit rating will now be affected.


All that is needed is for you to approach your local Magistrates Court for an appointment for a Statutory Declaration. You should find the following page useful.

http://bailiffadviceonline.co.uk/index-pag...ry-declarations

The way in which the appointment is approached varies from court to court but more usually than not, the operator will take your details over the phone and either provide an appointment date over the phone or alternatively, will email an appointment date.

You would need to make sure when calling the court to tell the operator that the case is already with an enforcement company and that a visit has been made. Most courts will notify the enforcement company that an appointment is pending.

Any problems, please post back.

PS: I should also mention that you really must return your V5C (Log Book) to DVLA for amendment as soon as possible. It is important that you take a copy of the V5C as well.


This post has been edited by Bailiff Advice: Wed, 31 Oct 2018 - 10:16
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Mysilvercar
post Wed, 31 Oct 2018 - 10:15
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QUOTE (Jlc @ Wed, 31 Oct 2018 - 09:00) *
What about your v5?

Anyway, the priority to perform a Statutory Declaration (SD) to have the conviction removed. Upon finding out about the conviction you have a limited time to do this - it's usually best to contact the convicting court. (It can be done at other places if urgency is required - as the bailiff will continue with enforcement until such time it is removed)

This is your priority - if you were driving at the time of the alleged offence it's usually best advised to perform a 'plea bargain' to drop the more serious s172 (failing to furnish) charge in favour of the speeding. If you perform the SD at court then they will ask you to submit a plea there and then - unless they are 'friendly' to the plea bargain then not guilty pleas should be entered (especially as they are unlikely to present any evidence at the time).


Thank you very much for this information Jlc - i will contact the court immediately.
Is the Statutory Declaration done via a form or attendance at court?

How do i find out whether they are 'friendly' to a plea bargain' prior to submitting a plea?

In short do i need a solicitor?

Thanks,

Mysilvercar
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The Rookie
post Wed, 31 Oct 2018 - 10:36
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You ask them, most (pretty much all) are very amenable , no you don’t need a solicitor.


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Mysilvercar
post Wed, 31 Oct 2018 - 10:48
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QUOTE (The Rookie @ Wed, 31 Oct 2018 - 10:36) *
You ask them, most (pretty much all) are very amenable , no you don’t need a solicitor.


Thanks for this The Rookie
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Bailiff Advice
post Wed, 31 Oct 2018 - 10:56
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QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 08:08) *
I am also concerned if my credit rating will now be affected.


Although there exists a provision for Magistrate Court fines to be registered with Registry Trust, it is extremely rare for HMCTS to take such a step. The usual method of enforcment, is to issue a warrant of control and pass the debt to a private sector enforcement company (which is what has happened in your case).
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Mysilvercar
post Wed, 31 Oct 2018 - 11:14
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QUOTE (Bailiff Advice @ Wed, 31 Oct 2018 - 10:56) *
QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 08:08) *
I am also concerned if my credit rating will now be affected.


Although there exists a provision for Magistrate Court fines to be registered with Registry Trust, it is extremely rare for HMCTS to take such a step. The usual method of enforcment, is to issue a warrant of control and pass the debt to a private sector enforcement company (which is what has happened in your case).


Thank you - this puts my mind at rest at least in terms of mortgages
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Mysilvercar
post Wed, 31 Oct 2018 - 12:00
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QUOTE (Jlc @ Wed, 31 Oct 2018 - 09:00) *
What about your v5?

Anyway, the priority to perform a Statutory Declaration (SD) to have the conviction removed. Upon finding out about the conviction you have a limited time to do this - it's usually best to contact the convicting court. (It can be done at other places if urgency is required - as the bailiff will continue with enforcement until such time it is removed)

This is your priority - if you were driving at the time of the alleged offence it's usually best advised to perform a 'plea bargain' to drop the more serious s172 (failing to furnish) charge in favour of the speeding. If you perform the SD at court then they will ask you to submit a plea there and then - unless they are 'friendly' to the plea bargain then not guilty pleas should be entered (especially as they are unlikely to present any evidence at the time).


My V5C has the incorrect (old) address - i am going to send it off tonight to update the address, i though i already had to be honest.
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NewJudge
post Wed, 31 Oct 2018 - 12:38
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QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 10:15) *
Is the Statutory Declaration done via a form or attendance at court?

You have to attend - either a Magistrates' Court or a solicitor (a solicitor may charge a small fee of about £5). All you are doing is to declare that you knew nothing of the proceedings against you until you received the bailiff's letter. It should be undertaken within 21 days of you becoming aware of your conviction but often the court may not be able to accommodate you in that time. This does not prevent you making the declaration in court later - all they will do is ask you why you are late and you simply tell them that it was the first appointment the court could make for you. However, in your circumstances you may want to get matters moving quickly and if the court does suggest there will be a delay it may be better to go to a solicitor.
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Mysilvercar
post Wed, 31 Oct 2018 - 14:07
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QUOTE (NewJudge @ Wed, 31 Oct 2018 - 12:38) *
QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 10:15) *
Is the Statutory Declaration done via a form or attendance at court?

You have to attend - either a Magistrates' Court or a solicitor (a solicitor may charge a small fee of about £5). All you are doing is to declare that you knew nothing of the proceedings against you until you received the bailiff's letter. It should be undertaken within 21 days of you becoming aware of your conviction but often the court may not be able to accommodate you in that time. This does not prevent you making the declaration in court later - all they will do is ask you why you are late and you simply tell them that it was the first appointment the court could make for you. However, in your circumstances you may want to get matters moving quickly and if the court does suggest there will be a delay it may be better to go to a solicitor.


Thanks so much for all the assistance on here.
I spent quite some time ringing Warrington courts today to no avail - i eventually checked on their website and rang the 'fines' number - this put me through to Marstons (the bayliffs) who weren't particularly helpful! Eventually i went down to the court itself to declare that i wanted to make a statutory declaration.

I have completed the paperwork for the statutory declaration - unfortunately the first date the court can accommodate me is the 5th December.
The lady in the court informed me that she would contact the bayliffs (Marstons) and that given a date has been set they usually put any enforcement action on hold pending the outcome. The lady informed me that if the Statutory Declaration was accepted the bayliffs would have to reimburse me for any action that had been taken.
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Jlc
post Wed, 31 Oct 2018 - 14:11
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Personally, I wouldn't wait that long. See a local Solicitor and get the SD done. (It will be a nominal charge, if any)

The bailiff's are not your friends... Enforcement action can continue.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Mysilvercar
post Wed, 31 Oct 2018 - 14:14
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QUOTE (Jlc @ Wed, 31 Oct 2018 - 14:11) *
Personally, I wouldn't wait that long. See a local Solicitor and get the SD done. (It will be a nominal charge, if any)

The bailiff's are not your friends... Enforcement action can continue.


Thanks Jlc - I will find a solicitor and do just that. Does it matter if I do this even though a court date is set?
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Jlc
post Wed, 31 Oct 2018 - 14:17
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Nope - you can always deliver the SD to the court and let them know the appointment is no longer required.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Bailiff Advice
post Wed, 31 Oct 2018 - 14:28
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QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 14:07) *
Thanks so much for all the assistance on here.
I spent quite some time ringing Warrington courts today to no avail - i eventually checked on their website and rang the 'fines' number - this put me through to Marstons (the bayliffs) who weren't particularly helpful! Eventually i went down to the court itself to declare that i wanted to make a statutory declaration.

I have completed the paperwork for the statutory declaration - unfortunately the first date the court can accommodate me is the 5th December.
The lady in the court informed me that she would contact the bayliffs (Marstons) and that given a date has been set they usually put any enforcement action on hold pending the outcome. The lady informed me that if the Statutory Declaration was accepted the bayliffs would have to reimburse me for any action that had been taken.


It is always the case that if the Magistrate Court advise the enforcement company of a pending Statutory Declaration that enforcement is placed 'on hold'. I would be very surprised to hear otherwise.

It is usually always the case that Magistrates Courts require Section 14 Statutory Declaration to be made by way of personal attendance. By way of evidence, the following is a copy of a letter that I had posted on the Consumer Action Group forum a few months ago. In this particular case, the OP had made a forum post on the basis that he had visited a solicitor to have a Statutory Declaration sworn and had submitted his sworn Stat Dec to the court. the court retuned his forms to him. This is the letter that he was sent:

The following was taken from an internet site where a debtor had sought advice after being encouraged to send a Section 14 Statutory Declaration to the court by Recorded Delivery. His sworn forms were returned to him and he received the following letter. From enquiries that I receive, these letters are now becoming very common indeed.

QUOTE
Dear Mr X

If you were unaware of the court proceedings and did not receive the court summons/ single justice procedure, you may be entitled to make a Statutory Declaration. However, please note that you only have 21 days from the date you first became aware of the proceedings to make a Statutory Declaration. If the court decides that it was not reasonable to expect you to make the declaration within this period, it may accept a late declaration made ‘Out of time’.

You can make a declaration at your local Magistrates’ Court and must attend in person to make the declaration. It cannot be done in your absence. Please contact your local Magistrates’ Court to make a prior appointment.

If you make a declaration which you know or believe to be untrue, you could be convicted of perjury, a criminal offence punished with imprisonment of up to two years.

Any financial impositions and penalty points remain valid and enforcement of financial impositions will continue until a declaration has been made.

Kind regards

xxxxxx xxxx
adminicon Officer
South East London Justice Area | HMCTS | Bromley & Bexley Magistrates Court | 1 London Road | Kent | BR1 1RA

PS: When completing the forms at the court today, were you asked whether you would be entering a guilty or not guilty plea?
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southpaw82
post Wed, 31 Oct 2018 - 15:03
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In my opinion, HMCTS are acting unlawfully in not accepting a statutory declaration made not made at court. The requirements of s 14 are simply that a statutory declaration is made. That simply means it has to be sworn (or affirmed) before a person entitled to take oaths, which includes a commissioner for oaths. Rejecting lawfully sworn declarations is unlawful.

It is true that it has to be done in person but in person includes in front of a commissioner for oaths.

If the declaration is being made out of time then it ought to be made in court, as the court has to exercise a discretion to accept it.

This post has been edited by southpaw82: Wed, 31 Oct 2018 - 15:04


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Bailiff Advice
post Wed, 31 Oct 2018 - 16:11
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QUOTE (NewJudge @ Wed, 31 Oct 2018 - 12:38) *
QUOTE (Mysilvercar @ Wed, 31 Oct 2018 - 10:15) *
Is the Statutory Declaration done via a form or attendance at court?

You have to attend - either a Magistrates' Court or a solicitor (a solicitor may charge a small fee of about £5). All you are doing is to declare that you knew nothing of the proceedings against you until you received the bailiff's letter. It should be undertaken within 21 days of you becoming aware of your conviction but often the court may not be able to accommodate you in that time.


A Section 14 Statutory Declaration may be made outside of the 21 day period (i.e. Out of Time). A reason for the lateness must be provided and the Magistrate is required to consider the 'reason' for lateness.

Changes that were imposed by the courts for dealing with Section 14 Statutory Declarations approx 2 years ago. The changes were imposed in response to Sir Brian Levenson's 'Review of Efficiency in Criminal Proceedings'.

Wherever possible, courts require a defendant to attend court IN PERSON to hear their Section 14 Statutory Declaration.

Section 14 Statutory Declaration MUST be supported by a notice indicating whether they will be wishing to plead guilty or not guilty to the charge.

The defendant must also provide with his Section 14 application a statement of his assets and liabilities (MC100)

If the defendant indicates that he wishes to plead guilty to the charge, his statutory declaration will be dealt with first, and straight afterwards, the Magistrate will then hear the case against him and when setting the level of fine, he will rely upon the information provided by the defendant on his statement of assets and liabilities. It is that simple...and in all the many cases that I have provided assistance, it works well.

In relation to HMCTS, with the Magistrate dealing with both the Section 14 Statutory Declaration AND the charge against the defendant at the same time is in keeping with the 'Better Case Management' initiative which is designed to elicit an early guilty please and reduce the number of hearings per case.

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southpaw82
post Wed, 31 Oct 2018 - 16:28
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QUOTE (Bailiff Advice @ Wed, 31 Oct 2018 - 16:11) *
Wherever possible, courts require a defendant to attend court IN PERSON to hear their Section 14 Statutory Declaration.


Courts have no power to compel a person to attend to make a statutory declaration, so far as I am aware.

QUOTE
Section 14 Statutory Declaration MUST be supported by a notice indicating whether they will be wishing to plead guilty or not guilty to the charge.


Where does this come from? It is not in s 14 of the Act.

QUOTE
The defendant must also provide with his Section 14 application a statement of his assets and liabilities (MC100)


Again, where is this from?

HMCTS may like the above to happen, and may even have implemented rules in one form or another to put their wishes into effect but I don’t see how either could override the clear words of the statute:

QUOTE
(1)Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—
(a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and
(b) within 21 days of that date the declaration is served on the designated officer for the court, without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.


If the declaration was made before a proper person, such as a commissioner for oaths, in time then the court appears to have no power to reject it and the summons and all subsequent proceedings are void from delivery of the declaration upon the designated officer.



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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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Logician
post Wed, 31 Oct 2018 - 16:50
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The latest version of the stat. dec. form actually explains that it may be made before a solicitor LINK


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