Magistrates court fine from 2003

[Dirac]

Hi you lovely people

Got a Further Steps Notice a couple of days ago from Hampshire and I.O.W. Magistrates court, so I emailed them to find out what the amount was in relation to. They responded today that it was passed to them on 10th December 2003, and relates to an unlicensed vehicle offence. They have given me the details of the originating court, Greater London Magistrates Court.

I have responded today asking for an extension to the 10 day limit so that I can obtain the full details of the fine. I have no recollection of the offence, court summons, or any other details, which is understandable after 9 years.

Is there any kind of time limitation on a court fine, or the option to re-examine the case and the evidence against me?

Any recommendations on the best way to proceed?

[bluebottle]

Re: Magistrates court fine from 2003

For the purposes of the Rehabilitation of Offenders Act 1971, a fine usually disappears from the record after five years. I am somewhat surprised it has taken nine years to send a Further Steps Notice. This must be a record. Lol!

Once you have full details of the fine and are sure you have no recall of receiving any summons or attending any court hearing, you need to make this clear to the court and, if necessary, have the matter dealt with. You may find it more expedient to go to the court in person. If they have to ask you to swear a Statutory Declaration, it can be done there and then and won't cost you anything.

[Dirac]

Re: Magistrates court fine from 2003

Really struggling to find contact details for Greater London Magistrates courts to get details of original offence The phone number listed is 08456 013600 but is not active.

Anybody got any bright ideas?

[bluebottle]

Re: Magistrates court fine from 2003

When HM Courts & Tribunals Service (HMCTS) re-organised, a number of magistrates, especially the older court buildings, were :closed_2:. This means that court records were transferred to other courts. Do you know where in London Greater London Magistrates Court is or was located? I was a policeman in London and may be able to help you work out where court records may have been sent when GLMC closed.

[ploddertom]

Re: Magistrates court fine from 2003

There's a bunch of Courts recorded with that telephone number http://incustody.co.uk/courts/ scroll down for a list.

[bluebottle]

Re: Magistrates court fine from 2003

I'll contact the MoJ later and find out about Greater London Magistrates Court.

[Dirac]

Re: Magistrates court fine from 2003

I've spoken to London Collections and Compliance this morning. The reference numbers I have been given are in the wrong format (no 2 letter suffix), and the operator could find no record of my name. Without details of where the records of the hearing are held they were at a loss as to how I could find the details of the offence committed.

Poole Magistrates (The current court holding the fine) have not told me anything other than the offence was an unlicenced vehicle, and the hearing date in July 2003. I don't know anything about where, when or how the offence was committed, whether the summons was served correctly, or if I received it at all, or whether I had grounds to contest.

Is it reasonable to not pay this fine until I can inspect the relevant court paperwork? I think so, but I'm no expert!

What is my legal position with regards to requiring proof of the fine etc?

Your help so far is greatly appreciated!

[miliitant]

Re: Magistrates court fine from 2003

bluebottle is the man for this but i would contact poole magistrates again, tell them you have been in contact with london collections and they do not recognise the reference number (wrong format)

ask them to put a temporary hold on enforcement until you can find out what the prosecution relates to AND ASK THEM TO LOOK INTO IT

after all, they cant haul you up in front of the magistrate or instruct baliffs if you know nothing of the offence

HABEAS CORPUS

[bluebottle]

Re: Magistrates court fine from 2003

Sounds like yet ANOTHER DVLA cock-up. Don't be surprised if Poole Magistrates ask you to swear a Statutory Declaration.

[alham]

Re: Magistrates court fine from 2003

Go to court, fill in and swear a statutory declaration stating that you have no knowledge of the offence, court case nor the fine. That should put a stop to the proceedings for now whilst it will be up to court to investigate.

[bluebottle]

Re: Magistrates court fine from 2003

This is happening a lot. HMCTS has admitted that a lot of hearings are swearing of Statutory Declarations due to irregularities in the way proceedings have been issued or conducted. The biggest offender is, yes, you've guessed it, DVLA. When is the Secretary of State at the DfT going to have the balls and backbone to sack Simon Tse, CEO at DVLA? This has happened too often. Tse has to go - now.