FPN - cut off clamp - criminal damage

[azza1986]

I got lots of FPNs on my car for not displaying tax. (this was 2012 / 2013)

I had Marstons round many times.
He clamped my car with a crap clamp. Nothing was left. I spoke to 101, took the clamp off my jacking car up, no damage caused.
Car was less that 1600 (law at the time) and used for work.
The first time I met the bailiff I gave my bank details he took 690 (laptop broke no pound sign)

He came back a second time for 450. He clamped my car again and left no notice. I spoke with 101, I cut the clamp off. (Wednesday)
On Saturday I was given a conditional caution, 105 to pay for damage.

Later that Saturday he returned and clamped my car again. The police turned up (same ones again), I showed them the law about car used for work etc but they just ignored me, he then entered my house with only young children present. I explained this to the police they did not care.

I paid the 105 but they said they never received it. I paid it twice. After both these payments I was arrested for not paying and for avoiding arrest. (100% bollox as I play rugby with 2 of the local lads, kids go to school with another 2 and I went to a party with another)

I got a call from the police to hand myself in which I did, then I had to go back a few weeks later, I said my bit to the judge but they didn't want to know, I had to pay another 1085 so I set up installments, and paid them. I had to sit in the lobby until lunch to clear off another 3 fresh FPN for no tax as there was no evidence that they were on my car.

I thought this had all been sorted but I received a text from HMCTS saying that it was still unpaid (in December 2019), when talking with them its now 1900 pounds.

So I have been through all my evidence and I seem to have missed a lot of interesting information. I paid it all last time because I had enough but now I think I could claim something back.

The courts had sent all letters to the wrong address. HMRC had said I trade from another address. (wrong)

the three images, one is a ticket from the central ticketing office. Its the 105 and says that it has been paid. I was email this on 12.4.16

second one is another ticket, one that I had paid the FPN, the date of issue is 15.6.12 at my home address. This is lies as my car was impounded by the police for no insurance, if it was not impounded I would of been in France.

Last image is ticket conformation for Eurotunnel say that on the 15.6.12 I was booked to go to France.

I also have a letter back from the courts for my appeal (cost me 150 in a fine) all the dates are wrong on this, apologising for the cps mistakes.
one from money handling asking what account the 105 needs to come off of.
one from the CPS It says that I was given the caution two weeks before committing the crime. It says I was summons to court on 22nd September 2014 even though I had until the 17 December 2014 to pay the fine.

To make things clear.

*******************************
I paid the fine twice, the last payment was made online. (emails to prove this payment) last movement on the ticket is 27.5.15 where it says it was paid.
THEN
I got sentenced at court to pay the 105 again on 23.5.16 (Now paid the 105 for the third time)

During this time my wife had a miscarriage, we have struggled to pay bills etc because of paying the courts. My wife has gone on anti depressants.

Am I right to say that I should sent my letters before action to the courts and the police, then file a N1 if nothing comes of these letters?

Also how much compensation is deemed fare?

Cheer

Aaron

[azza1986]

Images (I hope)

[zeke]

The police offer a conditional caution when they are unsure the suspect committed the crime.

They take a chance because when the suspect refuses a caution; they risk a failed prosecution (expensive!)

Do you have a copy of the charge sheet when you were arrested for non-payment of the court fine? I’ve never seen what the charge is.

If you were unaware of the convictions until a date after it was made, then the proceedings are invalid if you make a statutory declaration to a designated fines officer.

That revokes all the convictions and you can ask for the return of all money taken so far.

Never enter a plea with a statutory declaration. The prosecution has the burden of proof, make then show the information giving rise to the allegation.

The court may re-summon you if they have a chance of a successful conviction.

Do not file an N1 claim to recover court fines until Court Service fails to refund your money.

The N1 claim is then addressed to the "Secretary of State of Justice" 102 Petty France, SW1H 9AJ. Not the court or a bailiff company.

Compensation is regulated by Civil Procedure Rule (CPR) 46.5.

Complete a form N260 to claim your expenses at the statutory rate and your provable damages.

For now, start with a Section 14 Statutory Declaration and ask for a refund of the money taken.

Create a free statutory declaration here:

https://www.nationalbailiffadvice.uk/Te ... -fine.html

Note: You must send it by RECORDED DELIVERY to the address on the document.

[azza1986]

I'll dig out the charge sheet.

[azza1986]

images

[zeke]

The charge sheet gives criminal damage, section 1 Criminal Damage Act.

If they accuse you of damaging a wheel clamp which you removed without damaging it, then you enter a plea of not guilty.

If they owe money because of overpayments, then make a formal complaint addressed to the sentencing court, and if they make excuses, then direct your complaint to the Ministry of Justice, 102 Petty France.

With your formal complaint, make a chronology of the grounds of the complaint giving dates or each event and support it with evidence “exhibits”.

You can escalate your complaint with little difficulty with no need to add further information to your complaint as it rises through the echelons and to a money claim.

[azza1986]

The charge sheet gives criminal damage, section 1 Criminal Damage Act.

If they accuse you of damaging a wheel clamp which you removed without damaging it, then you enter a plea of not guilty.

I did plea not guilty. Provided evidence that I had paid it. But they charged me anyway. I gave up and paid. This was back in 2016.

[zeke]

It's too late to unravel it.

If Marston is still turning up about convictions you know nothing about, then do a section 14 to stop them.

Create a free section 14 statutory declaration here:

https://www.nationalbailiffadvice.uk/Te ... -fine.html