Where to turn to?

[tony1968]

Hello to you all, and many thanks for such a good forum.

I am looking for a little advice.

In Jan I was alledgedly photographed doing 60 mph in a 50 zone on a motorway in roadworks. I only found out when I got a letter asking who the driver was, which I filled in and sent off. Next thing I know, I had a court hearing !

Now, i dont condone speeding, and whilst I would not speed on a motorway intentionally, it is possible that I was doing the reported speed.

So, I pleaded guilty by post, and gave info as to why the fixed penalty had not been accepted (ie, to my knowledge it was never offered)

I was fined a total of 60 plus two sets of costs making a total of £110

Since I suffer from Bipolar disorder and am not working but on ESA, I was granted time to pay, but only found this out when the court sent me a payment card. I called the court who told me the payment should be £10 per month.

I have in the last three months (since the hearing) made the three payments.

Today however, I have had a cheque turn up in the post from the court for the last payment.

I called them and it seems that the 'time to pay' was £10 per fortnight, not per month as I was told, (but only in a phone call so no proof)

Since I was in arrears they stopped the agreement, returned the payment and issued a warrant to Marstons. THis they said was issued on 27/11/09

So, now the court cant (wont) accept any payment, part or full, and Marstons say the warrant is not on thier system, call back in a week or two.

I want to get this sorted, It was my stupid mistake in the frequncy of payments, but now I am being prevented from paying anything. All it seems I can do is sit back and wait for marstons to contact me (no doubt at great expense)

It cant be right that time is of the essence of my payments, but that the court can wash its hands and Marstons have the right to take as much time as they like?

What can I do, any advice is helpful.

Thanks

Tony

[Amy]

Re: Where to turn to?

If I were you I would swear a statutory declaration. You can do this at a solicitor's or at a court. A solicitor will charge a small fee, but it is free to swear one at a court.

Basically, what this is is an oath that an earlier part of the process that should have happened, in fact did not happen. It is not an excerise in safety, it is an exercise in raising revenue.

Have a look here for further information Traffic Enforcement Centre

[witch1]

Re: Where to turn to?

Go to your nearest magistrates court in person and ask for the case to be reopened.explain in full
what has happened and query why you were never offered a fixed penalty ticket.(do you already have points on your licence? if you do depending on how many then a fixed penalty ticket may not have been an option)
Fill in a means form at the court and the liklihood is you will have the fine to pay and they may wipe the costs.

Either that or wait for a court hearing to come through for you for a fines default,(most magistrates courts have a fines court) and then explain the whole thing in full on the day.

Whilst it is true that a stat dec is free, you are saying on oath that this is the first you have heard of the case,which is not quite right as they will have evidence of your previous payments, so must have been aware of the case earlier.

Far better to always turn up and talk to the bench,they are human and will understand.The minimum amount payable on a court fine is £5.00/week, or £10.00/fortnight when someone is on benefits.(they will more than likely attach the fines to your income if you are in agreement)

Hope this helps.

[Amy]

Re: Where to turn to?

Whilst it is true that a stat dec is free, you are saying on oath that this is the first you have heard of the case,which is not quite right as they will have evidence of your previous payments, so must have been aware of the case earlier.

When one swears a statutory declaration, one is not saying this is "the first you have heard of the case......."

Read my second paragraph again.