Changing court location?

[chevy]

I have 2 court hearings coming up for having a vehicle with no insurance and not sorn. This was due to an error on my insurance policy with 1 digit different on my reg number. I have letters of indemnity from my insurers to confirm the error and i will be pleading not guilty.
However the 2 courts the dvla have used are 100 miles and 200 miles away from where i live! Is there a way i can change these to a court closer to home or a way i can deal with this without attending said courts?
Thanks
Chevy

[Openlaw15]

Re: Changing court location?

I have 2 court hearings coming up for having a vehicle with no insurance and not sorn. This was due to an error on my insurance policy with 1 digit different on my reg number. I have letters of indemnity from my insurers to confirm the error and i will be pleading not guilty.
However the 2 courts the dvla have used are 100 miles and 200 miles away from where i live! Is there a way i can change these to a court closer to home or a way i can deal with this without attending said courts?
Thanks
Chevy

Hello. Chevy go to the police station and tell them that this indemnity is proof of insurance and that you had insurance at the time the police stopped you for having no insurance. You should be able to get this sorted at the police, and you then should not have to go to court.

Look at post number 16 and thank Melv1n, as his situation can help you:

"...if anyone out there gets into a similar situation either seek legal advice or just understand that you can go to the police station at any point to prove you are insured because they are the ones prosecuting. As soon as they know you were insured they will drop the case and you will not have to go to court..."

http://www.legalbeagles.info/forums/...952#post621952

"I had no idea that I could go to the police and sort it out with them, then they would drop the prosecution. I literally thought it was upto the courts to decide so I waited"

I spoke to a solicitor and he quoted me £1500+vat to try to re-open the case and he was pretty clear that it was about 50/50 it could go either way. Then to have help at the trial would be more money.
He mentioned a different route but could cost £5000-£10000. He said because I have pleaded guilty already it's now very difficult. I should mention that at the hearing I did stick to my not guilty plea and they started to go ahead with it and I had to ask them to change my plea through fear of extra costs. I believe I am not guilty. I pleaded guilty because I can't afford it. "

[chevy]

Re: Changing court location?

Thanks for the quick reply.
I was'nt actually stopped by the police though. Apparently the dvla randomly check for uninsured cars which are not sorn?? My problem was that i had moved house and i had not been receiving any notifications of the offences due to me forgetting to change my v5. The 1st i heard was when a bailiffs letter dropped through my letterbox of my new home.
After reading on here i made a statuary declaration in court and they have made 2 new hearings.
Will going to the police station still apply?

Regards
Chevy

[Openlaw15]

Re: Changing court location?

Thanks for the quick reply.
I was'nt actually stopped by the police though. Apparently the dvla randomly check for uninsured cars which are not sorn?? My problem was that i had moved house and i had not been receiving any notifications of the offences due to me forgetting to change my v5. The 1st i heard was when a bailiffs letter dropped through my letterbox of my new home.
After reading on here i made a statuary declaration in court and they have made 2 new hearings.
Will going to the police station still apply?

Regards
Chevy

Update:

Assuming the date on the letter has passed, email the Traffic Enforcement Agency under the statutory declaration rules under one of the three options given for your situation. Hopefully, they'll accept it and cancel the hearings and action against you.

Normally, you'd contact the relevant enforcement team on your letter, by phone first then by post, or if they accept prove by fax or scan through an email, of the indemnity to prove you had insurance at the time. It is they who bring a prosecution just like the police. How long has it been since the date you were notified? Are you saying the bailiffs have been appointed already, by the magistrates I take it?

[Openlaw15]

Re: Changing court location?

Thanks for the quick reply.
I was'nt actually stopped by the police though. Apparently the dvla randomly check for uninsured cars which are not sorn?? My problem was that i had moved house and i had not been receiving any notifications of the offences due to me forgetting to change my v5. The 1st i heard was when a bailiffs letter dropped through my letterbox of my new home.
After reading on here i made a statuary declaration in court and they have made 2 new hearings.
Will going to the police station still apply?

Regards
Chevy

Chevy, please respond with your current situation, was your statutory declaration within time? Alternatively, you may have to have the time extended under the 'out of time' rules?

[chevy]

Re: Changing court location?

I received a further steps notice from HMCTS dated 04/01 giving me 10 days to pay £502. I thought it was a scam at first until i googled the phone numbers etc.
I phoned them up and discovered what had happened. They advised me to get a stat dec done in my local court and they would put a hold on the further steps notice to give me time to sort out. I phoned my local court who told me there was 2 offences for 2 different dates so i made 2 stat decs and was given 2 new hearing dates.
I received a letter from marston on the 03/02 and i have sent them 2 copies of the new hearings letters as they requested so they can put a hold on that demand.
Feels like i'm running round in circles and just want to show someone my insurance and proof of the error and how it occurred. The car thats been mistakenly insured is the exact same make,model,spec and colour as my own so i have not been dishonest in any way.
I'm also paying the dvla direct each month for my car tax yet if they say i am not insured how can they issue my tax?
Regards
Chevy

[Openlaw15]

Re: Changing court location?

I received a further steps notice from HMCTS dated 04/01 giving me 10 days to pay £502. I thought it was a scam at first until i googled the phone numbers etc.
I phoned them up and discovered what had happened. They advised me to get a stat dec done in my local court and they would put a hold on the further steps notice to give me time to sort out. I phoned my local court who told me there was 2 offences for 2 different dates so i made 2 stat decs and was given 2 new hearing dates.
I received a letter from marston on the 03/02 and i have sent them 2 copies of the new hearings letters as they requested so they can put a hold on that demand.
Feels like i'm running round in circles and just want to show someone my insurance and proof of the error and how it occurred. The car thats been mistakenly insured is the exact same make,model,spec and colour as my own so i have not been dishonest in any way.
I'm also paying the dvla direct each month for my car tax yet if they say i am not insured how can they issue my tax?
Regards
Chevy

Chevy assuming you completed the correct forms (ie court staff directed you) and your grounds of challenge are regarded as valid, the court will cancel the order for recovery of the £502 However, inform the council (ie assume it's the council anyway) that you have made a statutory declaration and to please hold off any bailiff action in the mean time. Even if the statutory declaration is not accepted, you can apply to have the order set aside. So you do have options, try not to worry.

[chevy]

Re: Changing court location?

The declarations where accepted and the 2 new court hearings where set to the 08/03 in Bradford and 09/03 in Stevenage. I live in Lancashire so neither are anywhere near me. I phoned Stevenage and they said to send all the details and copies of my insurance/indemnity etc plus my not guilty plea and it will probably be sorted out but to phone them the day after for the outcome. Bradford however told me I must attend. I would obviously prefer to present my case in person but due to circumstances somewhere I can afford the time and money to get to.
Regards
Chevy

[Openlaw15]

Re: Changing court location?

The declarations where accepted and the 2 new court hearings where set to the 08/03 in Bradford and 09/03 in Stevenage. I live in Lancashire so neither are anywhere near me. I phoned Stevenage and they said to send all the details and copies of my insurance/indemnity etc plus my not guilty plea and it will probably be sorted out but to phone them the day after for the outcome. Bradford however told me I must attend. I would obviously prefer to present my case in person but due to circumstances somewhere I can afford the time and money to get to.
Regards
Chevy

When I said 'accepted declaration' I meant that the court would use this declaration as a statutory (legal) defence for the amounts owed with the effect of cancellation, ie the order for £502 will be revoked. If Bradford is too far you could request a local court hearing. You have the right to ask for a different court under the civil procedure rules. Have you made contact with the council yet to stop bailiff action, ie by telling them about your statutory declaration? The court and the council's bailiffs are two separate matters, you have to deal with each one. One important note, I believe this does not affect your credit record either.

[chevy]

Re: Changing court location?

The only 2 I have spoken to are Stevenage who told me they would put a hold on the final steps notice whilst I made a stat dec. I phoned them back to tell them the outcome which is when they told me to write in with all the details for the court date. I spoke to marstons who asked me for the new court hearing documents and I've heard nothing since.
I do admit I'm starting to get confused by it all.

[Openlaw15]

Re: Changing court location?

The only 2 I have spoken to are Stevenage who told me they would put a hold on the final steps notice whilst I made a stat dec. I phoned them back to tell them the outcome which is when they told me to write in with all the details for the court date. I spoke to marstons who asked me for the new court hearing documents and I've heard nothing since.
I do admit I'm starting to get confused by it all.

Update

It is a Magistrate's matter, so it will be change of Magistrate's location.

Well if the bailiffs have been stopped for now that's a great thing. You have your stat. decs. in on time too, now awaiting a hearing. Now how far away from Lancashire is there a local county court to you? This court is the one where you can request to have your hearing there. You will have to complete a different form though if Bradford are being too awkward. Who did you ask about this?

NB I meant magistrates not countr

[chevy]

Re: Changing court location?

I made the stat dec in a magistrates court about 15 miles from me. The county court is about 25 miles away. Assuming i am too late to stop it going to court how do i go about changing the location?
Regards
Chevy

[Openlaw15]

Re: Changing court location?

I made the stat dec in a magistrates court about 15 miles from me. The county court is about 25 miles away. Assuming i am too late to stop it going to court how do i go about changing the location?
Regards
Chevy

Update

Magistrate has power to change a hearing to another location before or during: section 27A, Magistrates' Courts Act 1980. Call up the relevant Magistrate's and ask to speak to the officer, i think it's the fine's officer. Explain that you need a local Magistrates' hearing.

I will do some research and see what I can find.

[chevy]

Re: Changing court location?

##Update##

Phoned both courts and they told me to email the details over to change the locations. Received an email back from stevenage telling me to send the plea form to them with a box ticked to ask for the hearing to be adjourned to a court closer to home. Not had a reply from bradford.
I havent got a plea form though just a court hearing letter. Is there a link i can use to download the correct form?

Regards
Chevy