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HMCTS Historic Debt Demand £90.00! 10 YEARS AGO?!, no recollection of any offence though?
dontletthemgetus
post Sun, 8 Apr 2018 - 12:23
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Hi everyione

My wife got sent this letter recently. She has called the number on the letter and they have only been able to tell us the debt belongs to a fine issued in October 2007.
We cannot recall any fines being issued to her in this year.

They 'think' it may have been a roadside stop for speeding, although have been unable to give us further information.

They suggested we call the local police, Surrey Central Office and the Enforcement Office which we have done, but their records do not go back far enough to give us more information.
It has been confirmed there is no outstanding warrant for her, and could not understand why she had not been pursued as a criminal for non-payment of fine.

It is in her maiden name, but her surname did not change until we were married in 2012. Addresses have always been updated as required, cars always registered, cars always disposed of properly including one we scrapped.

It is very strange! The first letter even suggests the court has contacted her employer!!











Would love to have a bit of guidance on this, do we have to pay it do you think? I would have expected some sort of evidence to be honest!?
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post Sun, 8 Apr 2018 - 12:23
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Jlc
post Sun, 8 Apr 2018 - 12:26
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£90 sounds like a £60 fixed penalty that automatically increases by 50% when not paid nor opted to challenge at court.

I would have thought she'd remember a roadside stop? (It would have been endorseable with 3 points if speeding)

This post has been edited by Jlc: Sun, 8 Apr 2018 - 12:27


--------------------
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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DancingDad
post Sun, 8 Apr 2018 - 13:01
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Could it be from a parking fine under scheme that had not taken up decriminalised enforcement ?

Surely the historic fines people have some information regarding it, issuing court and a reference number if nothing else?
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Jlc
post Sun, 8 Apr 2018 - 13:34
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QUOTE (DancingDad @ Sun, 8 Apr 2018 - 14:01) *
Could it be from a parking fine under scheme that had not taken up decriminalised enforcement ?

By guess would be a fixed penalty on a windscreen from the Police in relation to parking. (Perhaps it went walkies)


--------------------
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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The Rookie
post Sun, 8 Apr 2018 - 14:05
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Or perhaps the reg number was misrecorded (or long shot a clone).


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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cp8759
post Sun, 8 Apr 2018 - 15:37
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QUOTE (DancingDad @ Sun, 8 Apr 2018 - 14:01) *
Could it be from a parking fine under scheme that had not taken up decriminalised enforcement ?

It could be any number of things, given £60 was until recently the "standard" rate for many non-endorsable offences. Anything from number plate defects, no MOT, out of date tax disc etc...

The key thing is there's an account number, so it should be possible to trace the court that imposed the penalty (or where the fixed penalty notice was registered for enforcement).


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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DancingDad
post Sun, 8 Apr 2018 - 16:11
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QUOTE (cp8759 @ Sun, 8 Apr 2018 - 16:37) *
.........The key thing is there's an account number, so it should be possible to trace the court that imposed the penalty (or where the fixed penalty notice was registered for enforcement).


That to me is the starting point.
The Historic Debts people have not pulled the name and fine out of thin air (hopefully) so there should be some traceability.
Which should lead back to issuing court and possibly even that it is all legit.
Or not.

At the moment is simply an official letter saying you owe us.
The obvious question is what for ?
If they cannot answer that, it does make me wonder if they can legitimately claim it.
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StuartBu
post Sun, 8 Apr 2018 - 18:14
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Someone been having a clear out ....Is this exempt from the usual thing about not being able to pursue debts after 6 years ( might be a different number of years in Scotland and Elsewhere) if there has been no "contact" within that period

This post has been edited by StuartBu: Sun, 8 Apr 2018 - 18:14
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DancingDad
post Sun, 8 Apr 2018 - 18:20
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QUOTE (StuartBu @ Sun, 8 Apr 2018 - 19:14) *
Someone been having a clear out ....Is this exempt from the usual thing about not being able to pursue debts after 6 years ( might be a different number of years in Scotland and Elsewhere) if there has been no "contact" within that period


Criminal so AFAIK, not covered by Statute of Limitations.

I know it is a link to a commercial site (mods please remove if inappropriate) but Bailiffs Online has some info on these.
http://bailiffadviceonline.co.uk/hmcts-historic-debt-team

Including that a Statutory Declaration applied for at original court is an option.

This post has been edited by DancingDad: Sun, 8 Apr 2018 - 18:20
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dontletthemgetus
post Sun, 8 Apr 2018 - 20:09
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I'd have thought they should be able to tell us the reason of the fine, all seems a bit mysterious

Trying to trace the origin by using the account number given, I went to the online fine paying site but all it comes up with is Aged Debt. Needless to say, i didn't continue to pay it!

That Bailiff is interesting, maybe we should start applying for Section 14 Statutory Declaration, although it appears you need more information than we have to start this off?! rolleyes.gif

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cp8759
post Sun, 8 Apr 2018 - 22:03
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QUOTE (dontletthemgetus @ Sun, 8 Apr 2018 - 21:09) *
I'd have thought they should be able to tell us the reason of the fine, all seems a bit mysterious

Indeed, the key thing is you need to get back in touch with the historic debt team and press them for more information. They should be able to provide an account statement, and identify the court that imposed the fine in the first place.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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