• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Help for daughter please

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Help for daughter please

    Afternoon Beagles,

    in Feb 2021 my daughter and friends were handed 2 covid fines for leaving their premises and going to a get together and when the police arrived to give them fine they had more than 3 at their halls the full details I don’t have to hand but not sure for the query relevant anyway. They heard nothing from the fines which was around £400 for the 2 breaches !
    She then moved to new accommodation in July and that was that. In the November we received fine for over £2000 for the £400 plus costs etc from West Yorkshire collections. At the time we spoke to WYC and Bradford Court and my daughter did a verbal statutory declaration on the 30th Nov 21. From that she was then awaiting a response and had passed on her home address.

    2 years later my old house mates at Uni sent me a copy of a letter from Marston Recovery who had been passed on the debt. When I questioned this with them they said they couldn’t do anything and it needed to be paid. I then spoke to the civil justice and explained everything and they said to speak to Bradford court and get the case reopened if she’d had no correspondence. They did say because she didn’t receive anything from the Statutory declaration it was down to her to chase it up and if required do another if they hadn’t actioned the first one ! They said they would ask the legal team if they had case to reopen the case and if she had it reopened would she plead guilty or not guilty. We said she would acknowledge the fine and plead guilty and arrange to pay the original fine what she could afford.

    They have now responded saying she needs to be in court in front of the magistrate on Monday and they will send a letter out although she probably won’t receive it in time ! She has never been near a court and has gone into meltdown at the thought !

    What are the options as seems overkill when she’s happy to accept the original charge it she can’t afford £2000 extra in debt collectors fees !

    any help greatly appreciated.

    yours
    Duncan
    Tags: None

  • #2
    I hope you can sort it but dealing with the magistrates is usually not as terrifying as you think. The legal advisors are very kind usually to those who are unrepresented. If you do appear you need to bring all the information you have - proof of the move in July, copy of stat dec etc. You need to explain everything and say that although you admit the original offence you were only one of the people who created the breach. There are 3 magistrates who will listen and ask questions.

    Comment


    • #3
      Thanks Island Girl,

      So there isn’t really an alternative than to go for her ? Otherwise the existing debt with debt collectors will still stand ?

      Comment


      • #4
        She may be able to do a stat dec on Monday which is pretty simple. Perhaps ring the court and explain her age etc. As for other solutions I am unsure perhaps others will know - I hope you get some info from other members. I will tag echat11 and atticus who may have some ideas?

        Comment


        • #5
          I think islandgirl is right, and your daughter will need to attend court. Are you able to go to support her?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Try to keep things into perspective, the magistrates are people like you and me.

            So nothing to be fearful of.

            It might be an idea to fill in an income and expenditure form, take into consideration the 'cost of living', everything costs more. That may help regards what she can actually afford to pay.

            This should help calm any fears - https://youtu.be/WeNDacwO5NA

            Comment


            • #7
              The court may well give her a similar form so best to have the figures ready as Echat says. It is possible there may be a stat dec and then the issue will go back to the Police to decide whether to prosecute again (I assume the original fine was a fixed penalty issued by them). As Ecaht says Mags are ordinary people and will generally be very understanding. Legal Advisors are also usually very kind with young nervous people. That is my experience over many years in my court.

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
              Working...
              X