can bailiffs force me to pay in full.

[Chippieb721]

Good morning everyone.

Im really hoping somebody can advise me. This morning I got up to find a letter through my door (hand delivered) from Marstons for the sum of £751. This is for an unpaid fine. What happened was Around 6 years ago i got a fine for unpaid car tax. At the time I was going through some personal issues and had to move home and to be honest I completely forgot about this as I had by this time developed severe anxiety issues, anyway back to it. About a week ago I came home to find a letter through my door from a bailiff but as I have just recently moved here and the letter had no name on it (hand again) I presummed it was not for me and discarded it (silly). This letter states at the top that despite previous notifications and attendances I have failed to pay and I must pay in full immediately. Apart from the letter last week I have had no other letters or *attendances* (*to my knowledge as I work) and I am really scared and feel sick now that they are going to demand full payment as I do not have that money to give them. I have also been told that I do not have to let them in to my property and that they should be allowed to accept a payment plan. Please can somebody help as it states in the letter he is calling back today around 7pm.

Kind regards

Pam

[ploddertom]

Re: can bailiffs force me to pay in full.

I assume this is for a Magistrates Court Fine?

[bluebottle]

Re: can bailiffs force me to pay in full.

Were you in court when the fine was imposed? Also, were your means examined at the time? If not, a recent Judicial Review may put things in a different light. Could you answer these two questions, please?

[hello all]

Re: can bailiffs force me to pay in full.

what review is this and what were the findings?

[Chippieb721]

Re: can bailiffs force me to pay in full.

Thanks for answering my post. No I was not in court when the fine was imposed and My means where not examined at the time. Thanks again Pam

[bluebottle]

Re: can bailiffs force me to pay in full.

Thanks for answering my post. No I was not in court when the fine was imposed and My means where not examined at the time. Thanks again Pam

Right. You need to go back to the court that imposed the fine and ask for a Means Hearing. The JR has made it quite clear to magistrates courts that they cannot impose or enforce fines without examining the means of the defendant. The court staff may try and fob you off by saying you are not entitled to a Means Hearing. Keep badgering them until they do.

Could you explain why you were not in court when the fine was imposed?

[bluebottle]

Re: can bailiffs force me to pay in full.

what review is this and what were the findings?

This link will take you to the JR - http://www.bailii.org/cgi-bin/markup...method=boolean

In layman's terms, the JR confirms that a court cannot impose or enforce a fine against a defendant without examining their means. Also, the period of time in which they are given to pay the fine must be realistic, but no more than three years.

[bizzybob]

Re: can bailiffs force me to pay in full.

Might be worth mentioning the Judicial Review, linked by bluebottle, when contacting the court office, to add weight to the request.

I feel this JR is going to cause problems for Certificated bailiffs andf their fees when collecting fines imposed where defendant was not present, wonder if the Judge intended this.

[bluebottle]

Re: can bailiffs force me to pay in full.

The judge branded the HMCTS computer system and Means Form "not fit for purpose". That is pretty damning. What the JR highlights is a judicial system in disarray as a result of years of neglect and political interference.

If the JR causes problems for certificated bailiffs and their fees in the circumstances BizzyBob describes, tough. I can see HMCTS being forced to review cases and, where injustice has occurred, redress being offered.

[gravytrain]

Re: can bailiffs force me to pay in full.

The judge branded the HMCTS computer system and Means Form "not fit for purpose". That is pretty damning. What the JR highlights is a judicial system in disarray as a result of years of neglect and political interference.

If the JR causes problems for certificated bailiffs and their fees in the circumstances BizzyBob describes, tough. I can see HMCTS being forced to review cases and, where injustice has occurred, redress being offered.

Is there a suggestion that there are other undisclosed fines included within the amount claimed, as in the JR ?