I'm in real need of bailiff advice

[Alex801]

try and keep it as short as possible.

I moved out of my old rented house 2 years ago and my landlord had someone else lined straight up. They have recently moved out so my old house is empty. On friday of last week my old landlord phoned me iv not heard off him in 2 years so I thought it to be strange. He said hed like to see me immediately. I went across. Hes stood with a hand delivered letter in his hands which reads MARSTONS MY NAME REF:####### CLIENT : HMCTS

£1150

REMOVAL NOTICE

I called today as dispite communication attempts your balance is still unpaid etc etc etc you need to pay in full or goods will be siezed

 

Now when I left this house this whatever it may be did not exist and I had zero knowledge of it. Iv been gone 2 years and can only guess the tenants after me had been binning my mail. The landlord had a few letters for me from over the last month since the tenants had moved out but nothing before that.

 

There was a mobile number which went to voicemail. The business name collectica was mentioned on the letter so I phoned that and they were unhelpful couldn't tell me anything apart from I need to contact the mobile number on the enforcement letter as its past a stage were they can be of assistance and that Mr * of marstons is now in full control

 

 

PLEASE WERE DO I STAND?

Iv made no secret of my whereabouts I updated the electoral register passport and dvla within a month of moving house. Iv had no previous warnings about this and now it seems this man is wanting so sieze any goods I have as payment. Even if I owe this money which as of now I'm not sure I do I don't have that money and don't think iv valuables adding upto that amount. Iv got a wife an 18month old 5yo 7yo and my13yo which came to live with me 2 years ago through social services from his mums. I work nights and survive one pay to the next. If I'd correspondence about this from it starting I'd of arranged something or disputed it but obviously it's gone to my old house

 

Thankyou

 

[Alex801]

Small update. As I had no case details of what the money is for I emailed collectica for details. They have let me no it's for driving a car un taxed on the 29th of september 2018. The car in question I sold in August of 2017. Also the date of the offence 29th september 2018 I was in menorca on a family holiday and we flew out on the 24th

[zeke]

Its an unpaid court fine which was given to your old address.

The law says the conviction and the fine are invalid if the defendant didn't know of them until a date of the conviction. Section 14 of the Magistrates Courts Act 1980.

You make a statutory declaration which must be notarised by a solicitor - take photo ID with you and the fee is about £5. Then it must be sent by RECORDED delivery to HM court Service.

If you send it by ordinary post, HM Court service will ignore it. Section 14 specifically states that it must be sent by recorded delivery.

There is a free template here: https://www.nationalbailiffadvice.uk/Te ... -fine.html and that will stop the enforcement action and revoke the fine. The court can re-issue a fresh summons, but you must not enter a plea until you have seen the prosecutions case in full.

[Alex801]

Thankyou so much.
Il make an appointment at the solicitors first thing and hopefully get in same day.
What would you recommend I do about the bailiff in the mean time between posting the declaration and hearing back? I go on holiday on friday for 1 week. The bailiff knows I'm not at my old adress as iv communicated with collectica when I couldn't reach him on the mobile number. I did withhold my new adress from collectica but I'm fairly sure I'm not a hard guy to trace as all my details are logged at my new house and I'm a tax payer etc.
Should I call and inform iv seen solicitor and posted the form once iv done it or wait and see if he comes knocking before holiday and show him a photocopy il take before posting?

Many many thanks

[Alex801]

Will he have the common sense to stop persuing me when iv made it clear iv done the abovevor could he still keep it up until courts call him to stand down?

[Alex801]

I don't no the details of which court to send the declaration too either. Iv never had a court summons. Below is what collectica gave me via email today. And the bailiff warrent thing that was posted had a reference and client being HMRTC
no prosecution court name or address


On 27/09/2018 at WALDRIDGE ROAD, CHESTER-LE-STREET used a vehicle, namely VOLKSWAGEN SN03DXC, which was unlicensed. Contrary to section 29(1) and (3) of the Vehicle Excise and Registration Act 1994.”

Please note that the Warrant is with one of our enforcement agents.

[zeke]

It can be sent to any Magistrates court in England and Wales, they all share the same IT system.

By default, the template will address it to Port Talbot because that is where the Historic Debts Team is based.

As soon as the statutory declaration is posted by recorded delivery and you have the receipt, the conviction is invalid and enforcement stops.

[Alex801]

You have made my day Zeke.
Given what iv said....
The car was sold Aug 17
I moved house sep 17
The conviction was sep 18
The date of conviction I can prove I was out of the country

When iv seen the evidence against me. Obviously not me. When I put forward my case they have to scrap the charge surely?

[zeke]

Yes, but the enforcement power is still live until you post that Statutory Declaration.

[Alex801]

Phoned solicitors at 8 and was in at 9:30. £5 later and I'm on the way to the post office to send this form recorded signed for next day. Is it definitely a hold on enforcement as soon as iv posted this? Iv took pictures of the article 14 signed and stamped and il retain the tracking receipt

[zeke]

That's put the enforcement and the fine to bed.

The court can re summon you but you must not enter a plea until the prosecutor has given the information giving rise to the original conviction. The burden of proof is with the prosecution.

[Alex801]

Thanks youv been really helpful.
A question. I noticed on the template section 14 theres a not that says... hm courts never reply to a section 14 declaration. Does that mean il get no update about my letter until I get a court summons? Obviously they have to reply eventually or I'd not get re summoned lol. Also I don't no what to expect... mentioned don't enter a plea until I see the evidence? Will it not arrive in the same letter or do I have to request it

[zeke]

You get no reply from a section 14 stat dec.

If you are summoned to enter a plea. Enter not guilty until the prosecutor delivers up the evidence giving rise to your original conviction.

[Alex801]

Hey. I'm in salou until Sunday but I just got an email of marstons saying....
Thankyou for contacting us. Our clients have advised us to put your account on hold whilst a statutory declaration is heard by the court.
Hoping to come home to some mail

[zeke]

A stat dec doesn't need to be "heard by the court".

Once sent by recorded delivery, the enforcement and conviction are all revoked. Section 14 of the Magistrates Courts Act 1980.

If the court wants to revive the prosecution then it must summon you and even then the prosecutor must stump up all the information to prove their case before you can even enter a plea let alone set a fine.

[Alex801]

Thanks for that. I was a bit worried. As I'd sent the dec away on the 12th and had email off marston on the 18th. We've been home from holiday since sunday and not had a summons letter or anything. So basically at this point. No news is good news?

[zeke]

No news is good. But I do think it is disrespectful of the court service not acknowledging a stat dec since they put you through the aggravation of an invalid conviction, bailiffs and having to seek advice on a section 14 to annul the fine.

[Alex801]

I'm also concerned incase they have replied and iv not recieved the letter from them. Pretty unlucky to have it lost in post after all of this. I'm presuming they dont use registered delivery in sending letters out? Should I of heard something either way? If they wanted to resurrect the case or just drop it?

[Alex801]

Hi. Iv just got off the phone with hmcts west Midlands. The woman was helpful. She let me no they'd recieved the declaration and had accepted it and the actions so far called off but s new date has been set to hear the original case. I explained about me being out the country so I couldn't of been driving the car on said date. And how it was sold months previous. She seemed more interested in my proofs of sale of the car than anything else so I assume that the fact I cant of been driving the car wouldn't get me out of the fine if I cant prove I'd sold the car? The v5 I posted off obviously didnt reach Swansea meaning I was in eyes of law the owner still. Even tho I wasnt in country on date of offence will I still have to pay this fine?

[Alex801]

Which confuses me as it seems to contradict the information the court gave to marstons who in turn gave to me.......

ALEXANDER JOHNSON
On 27/09/2018 at WALDRIDGE ROAD, CHESTER-LE-STREET used a vehicle, namely VOLKSWAGEN SN03DXC, which was unlicensed. Contrary to section 29(1) and (3) of the Vehicle Excise and Registration Act 1994.

USED A VEHICLE NAMELY .......

[zeke]

You need to stop calling them. It is for the prosecution to prove the case.

[Alex801]

Ok I wont anymore. I got my letter today.
There is no way to enter a plea via post also no evidence with letter. It says

I must attend leeds magistrates court on 30th october at 10:00am or send a solicitor to attend for me.
If i do not do this the court may hear the case in my absence either on or at a later date. It is also possible the court may make me attend.

I'd attach a pik of the letter if I new how to

[Alex801]

1569591902535315336808852814302.jpg

[zeke]

Attend and say you cannot enter a plea until you have been given the information being laid before the court and ask for 14 days to consider the information before you can enter a plea.

[Alex801]

Simple as that? Should I not take anything with me? Or should I take anything supporting my innocence incase they have the information there to hand for me? This court is knocking 100 miles from were I live which is a pain in the A##

[zeke]

You dont need to take anything. Just say you cannot enter a plea until the prosecution has provided the information it relies upon. Then you can enter a postal plea in your own time.

[Alex801]

1569672203511191662479616926815.jpg

New letter

[zeke]

It says you used an untaxed car on Chester-le-street.

Without seeing the evidence of its use, only you can decide a plea.

[Alex801]

Yea. My plea is not guilty. The car was sold months earlier and I wasnt in the country at time of offence. Iv looked into the section n sub section and it's not referring to me directly driving its driving or being the named keeper on the v5. I sold the car and posted the v5 but i cant prove i posted it 10 months earlier when it sold. Charge is to the owner and they obviously didnt receive the change of owner request via v5 ad if they did the next keeper would of had the letters.

[zeke]

If you can show the flow of money from the buyer and support it with a copy of the ses invoice then that should suffice to prove you did not have an untaxed car on the allegation date.

[Alex801]

Il probably be screwed then as it was an old ve golf that was a 400 pound cash sale off gumtree

[zeke]

Then that is your defence, you sold the car on Gumtree for £400 cash.

[Alex801]

I'm there on wednesday. All iv been able to come up with though the help of gumtree is

An emailed copy of original add I posted

The date I deleted the add (day it sold)

Copy of my purchase of new car (2 days later)

Bank statements showing change in insurance & tax at the said dates as amounts changed from one car to the next

Booking confirmation showing I was in spain on date of offence (i believe this is irrelevant as the charge is ownership not who was driving)

Airport parking confirmation for new car for dates out the country.



Il keep my fingers crossed. I dont no what to expect when i arrive at court. Can you give me any ideas of what the process will likely be?

Thankyou

[Alex801]

Any last minute tips or advice?
I'm at leeds majistrates at 10am

[zeke]

Do not enter a plea until the prosecution has given its case and you have had an opportunity to consider it.

Be on time

Dress smart

Take pen & paper with you. Write everything down, do not trust memory

Keep calm and relaxed. Take plenty of deep breaths before you go in

Never interrupt the judge or the other side, you always get your chance later

Don't mumble, speak slowly and precisely

Don't repeat yourself

Be totally objective, do not be distracted into subjectivity

Never accept promises of payment without a judgment

Write any questions down, and ask them when the judge turns to you

Be polite, no matter the outcome