Hello! I'm trying to find out how to write a letter of vulnerability to the court?

[poppytog]

Hi There,

I am currently have a distress warrant for a magistrates fine (speeding offence) with a bailiff - Collectica.

I wasn't aware of court proceedings so I've informed the court I intend to sign a Stat Dec

I have been diagnosed with depression and PTSD - so I've been advised that it might be worth sending a letter of vulnerability to the courts. Does this sound about right?

I just wanted to ask - what does the court need from me, I have an assessment letter from my CBT therapist outlining where I measure on the NHS scale for mental illness etc, will this suffice? Also, are there any templates or guides for writing a letter of vulnerability to the courts? I don't know where to start!

Many Thanks for your time,

Poppytog

[Inca]

Re: Hello! I'm trying to find out how to write a letter of vulnerability to the court

Hiya and to LegalBeagles,,someone will pop along to help you out

[Salmon Man]

Re: Hello! I'm trying to find out how to write a letter of vulnerability to the court

No offence here, but you know how things work surely?

You got fined for speeding so I assume you were either stopped by the police, or you were caught in a camera trap. If it were the former, you would certainly have known you were due to pay the fine and accept the 3 points, right? If it were the latter, you must have received a letter asking you to declare who the driver was. Either way you must have known about the fine?

Why not just pay it at the time?

[bluebottle]

Re: Hello! I'm trying to find out how to write a letter of vulnerability to the court

No offence here, but you know how things work surely?

You got fined for speeding so I assume you were either stopped by the police, or you were caught in a camera trap. If it were the former, you would certainly have known you were due to pay the fine and accept the 3 points, right? If it were the latter, you must have received a letter asking you to declare who the driver was. Either way you must have known about the fine?

Why not just pay it at the time?

Whoa! HMCTS are known for not sending notices of hearings to defendants. The recent JR in respect of fines means that, potentially, Poppytog cannot be pursued for the fine until such time as the court has examined their means. If they were not aware of the hearing, the Stat Dec needs to be sworn and a new hearing held. The JR makes it quite clear fines cannot be imposed or enforced unless the defendant's means have been examined. From what Poppytog says, it sounds very much that this has not happened.

[Salmon Man]

Re: Hello! I'm trying to find out how to write a letter of vulnerability to the court

Whoa! HMCTS are known for not sending notices of hearings to defendants. The recent JR in respect of fines means that, potentially, Poppytog cannot be pursued for the fine until such time as the court has examined their means. If they were not aware of the hearing, the Stat Dec needs to be sworn and a new hearing held. The JR makes it quite clear fines cannot be imposed or enforced unless the defendant's means have been examined. From what Poppytog says, it sounds very much that this has not happened.

Whoa yourself! LOL

Surely the OP knew there was a statutory £60 fine? I just don't understand why this wasn't paid within the 28 days? Why let such a small sum turn into a nightmare? That was my point.

[bluebottle]

Re: Hello! I'm trying to find out how to write a letter of vulnerability to the court

HMCTS behaving like muppets again, SM. Unfortunately, this sort of this is becoming a regular occurrence. If Poppytog genuinely didn't know about the hearing, the fine imposed and his means were not examined, Collectica should not be harassing him. HMCTS are not exempt from complying with JRs.

[Salmon Man]

Re: Hello! I'm trying to find out how to write a letter of vulnerability to the court

HMCTS behaving like muppets again, SM. Unfortunately, this sort of this is becoming a regular occurrence. If Poppytog genuinely didn't know about the hearing, the fine imposed and his means were not examined, Collectica should not be harassing him. HMCTS are not exempt from complying with JRs.

What do you mean by examining the fine imposed? There is no reason to examine the fine. Is it just me? Or doesn't every driver get the same fine? Why is the OP any different?

How can anyone expect to deliberately break the law by speeding (it's hardly an accident) then break the law again by refusing to accept the punishment, and then complain about procedures not being followed?

This is one of the silliest complaints I've read yet, to be honest.