Marstons

[betty78]

I'll try to keep this short but desperately need advice.

In November 2007 I was issued a speeding fine - £60. When I sent my card details to pay the fine, I had missed a digit from my card number. I attempted to pay again but my documents were returned as they had recieved them 1 day after the time limit..

Since then, I have had a very nasty split with my husband and have had to move house. I was informed at my new address that I had been fined £275 by the court. I'm ashamed to say I didn't deal with it at the time because of personal issues.

Now I have Marstons bailiffs continually calling at my home. They want £500 but will not accept instalments. I'm a single mother to 3 kids, I don't have much except for my car and I need that for work and to get the kids to school.

I have not let this bailiff into my home, she has been here again this afternoon constantly hammering on my windows and doors for around 20 minutes. Then she sat outside my home in her van for around another 40 minutes. She has not posted anything through my door.

On the notices she has previously put through my door, she writes little notes on them, on the last one she wrote that residency had been confirmed, she knew my car was in the garage and she was going to enter with a locksmith at further cost to me.

 

Is it worth me going to the court with my income and expenditure to see if they can help me there??

I know I was silly to ignore this for so long, but i'm panicking now, I don't have, nor can I raise the £500 they are demanding.

 

Thanks in advance for any advice.

[flyingdoc]

Yes - do it now.

 

More delays simply means more costs to you.

[ambershadow]

500.00 is to much to pay for a start. adn Don't let her in at all and she can't breakin to the garage to get your car its against the law what ever has has written on your letters.

[tomtubby]

BETTY.

 

 

This is very simple indeed. As you were unaware of the court hearing because all documents had gone to a previous address then you need to file a Statutory Declaration with the Magistrares Court that issued the fine. This will then take the case back to court and all bailiff fees will have to be cancelled.

 

This is different to an Out of Time Statutory Declaration and the wording is very specific. There should be a template document on here somewhere.

[betty78]

Thanks for the advice, I really appreciate it.

 

Tomtubby, i've looked around for the Statutory Declaration template but can't seem to find it. Could you please point me in the right direction.

 

Thanks

[ambershadow]

Download from here Betty http://www.hmcourts-service.gov.uk/cms/files/OOTApplicationPack.pdf

[betty78]

Thank you so much ambershadow

[betty78]

Sorry if this question seems silly but here goes. I have printed out the statutory declaration form and I have to tick one of 3 options. The options being:

1. I did not receive the:

Notice to owenr (Parking contravention) or

Enforcement Notice (Bus lane contravention) or

Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

 

2. I made representations about the penalty charge to my local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.

 

3. I appealed to the Parking/Traffic Adjudicator against the local authority's decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal.

 

Which of these options applies to me, I did receive the original Penalty Charge Notice, it's the court documents I didn't receive.

I also have to give my reasons, any ideas what to put or how to word it??

 

Thanks in advance

[ambershadow]

I think it's number one Betty But may be hang on a while for someone else to confirm.... I don't know whether Tomtubby is about or chris600uk

[ambershadow]

I would Just state facts as this is only what they are interested in

[tomtubby]

Sorry but you have the wrong forms. The one that you have is for an unpaid parking charge notice (ie: parking ticket) issued through the Northampton County Court. The Statutory declaration you need is for the Magistrates Courts and is very specific. (Not your fault Amber....it is very confusing.but you are learning fast !!

 

I will find a template for you and post in the morning.

[betty78]

Ok, thanks tomtubby.

[tomtubby]

The following is a Template Statutory Declaration which can be changed or adapted to suit. This one is for filing at the Magistrates Court concerning an unpaid Magistrates Court Fine.

 

It must be remembered that this needs to be made no later than 21 days after being made aware of the fine.

 

You will need to take this to any firm of solicitors who will charge a fee of £5 to witness your signature. On signed you need to send it to the Magistrates Court asap. They will then contact the bailiff co to request that all enforcement action ceases. If you have further questions, please post back.

 

 

 

I: MR Jo Blogs of: 1, High Street, Anywhere, AB12 3CD

 

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no knowledge of any correspondence from xxx Magistrates Court following an offence on 9th July 2008 for exceeding the speed limit. From information provided to me today by xxx Magistrates Court I am informed that a hearing for this matter was held in my absence and I was fined £90 with costs of £75 and that my licence was endorsed with three points. The reference number for this case is: 12345678

 

AND THAT:

 

Notification of this fine first came to my attention on (enter date) when I was contacted by my mother following a visit to her home by a bailiff from Marston Group who advised my mother that he was in possession of a Distress Warrant dated 27th August 2008 and that he required a sum of £390 within 3 days failing which he would return with a locksmith.

 

I would like to advise the Court that I have not lived at my parents home since (approx date) and I have not received any correspondence concerning this fine.

 

My financial position is that I am (working/not working) and I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

 

Solicitor/Commissioner for Oaths:

[betty78]

Thanks for that Tomtubby but unfortunately, it's no use to me as I first became aware of the fine in September.

Think i'll just have to go down to the court with income and expenditure and hope for best.