Fine issued but wasnt me driving ?

[mikesw15]

Hi
I have just received a bailiffs letter from Phillips bailiffs saying that I have had a fine for not wearing a seatbelt I have email them back saying the ticket has never been issued to me but to be honest they dont give a crap they have not put the fees up to £215 from a £45 ticket, how can i get around this as i was not the person driving the car, I have tried emailing the court to ask for further details IE the reg of the vehicle etc but they just say its in the hands of Phililps bailiffs now, I have never received any details from the court the first I knew about it was the bailiffs letter can anyone help please ?

[Guest]

Re: Fine issued but wasnt me driving ?

Make a STATUTORY DECLARATION then telephone the court manager saying you want to file it.

A Statutory Declaration must be sworn before a solicitor or commissioner for oaths (usually £5) and deliver it for the attention of the organisation, or court that ordered enforcement. The court manager is usually Commissioner of Oaths and might be able to do if for free.

Then send by post to the bailiff AND to the authority or court.

I: [NAME] residing at [ADDRESS AND POSTCODE]

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I had no prior knowledge or any correspondence from [NAME OF MAGISTRATES COURT/COURT/AUTHORITY] following an alleged [OFFENCE/LIABILITY/DEBT] on [DATE] for [NATURE OF OFFENCE/DEBT]

From information provided to me today by the [MAGISTRATES COURT/OTHER COURT/AUTHORITY] I am informed that a hearing for this matter was held in my absence where I was [FINED/MADE LIABLE TO PAY THE AMOUNT OF] £[AMOUNT]. The reference number for this case is: [REFERENCE]

AND THAT:

Notification of this fine first came to my attention on [DATE] when a bailiff from [NAME OF COMPANY] came to my home. He was in possession of a [DISTRESS WARRANT/LIABILITY ORDER/ORDER FOR RECOVERY] dated [DATE IF KNOWN] and that he required the sum of £[AMOUNT].

I genuinely do not remember receiving any notice of this [FINE/LIABILITY/DEBT].

I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

DECLARED AT:

SIGNED:

DATE:


Before me:

Solicitor/Commissioner for Oaths:

[mikesw15]

Re: Fine issued but wasnt me driving ?

Excellent thank you so much for this

Make a STATUTORY DECLARATION then telephone the court manager saying you want to file it.

A Statutory Declaration must be sworn before a solicitor or commissioner for oaths (usually £5) and deliver it for the attention of the organisation, or court that ordered enforcement. The court manager is usually Commissioner of Oaths and might be able to do if for free.

Then send by post to the bailiff AND to the authority or court.

[bluebottle]

Re: Fine issued but wasnt me driving ?

This might be a case of a typo error or possible car or number plate cloning. Follow Happy Contrails' advice with the Statutory Declaration. What the court told you is total crap. If you know nothing of the alleged offence and subsequent fine, they have a duty to provide you with details. I would certainly make a formal complaint to the HMCTS Regional Manager about this and, if you have to escalate the matter further, the Ministry of Justice, who are responsible for HMCTS.

[mikesw15]

Re: Fine issued but wasnt me driving ?

thanks for your help