HMCS Northumbria Court Fine Passed To Collectica

[XuHi]

Hi everyone would like to compliment all the positive information and advice on here. Took note of a lot of it before registration. Here's the issue... any help would be great.

Was driving in Newcastle last April (2013) and was caught speeding.

Court issued a fine of £628 considering I am a student I think that was very high and that's what initially deterred me from paying, not realizing what these kind of fines could lead to I continued not to pay.

Its not till recently Collectica have been passed the fine from the Courts and have issued the following:

• NOTICE OF DISTRESS WARRANT
• NOTICE OF INTENTION TO ENTER AND SEARCH YOUR PREMISES - REMOVAL NOTICE (Levy On Good)

I have spoken to the bailiff that attended my parents premises and he has given me until end of this month (March 2014) to arrange some payments in April (2014) to pay the outstanding amount off.

The outstanding amount is at £778.00 as it now incurs their silly charges.

I don't really want to deal with the bailiffs and I am wondering if HTMCS Northumbria would accept payments rather than them. That way I can get the initial fine paid and then worry about there stupid charges. Mainly because the fine is so much.

The bailiff told me that the next thing they will issue is an arrest warrant (if the above notices are actually legal). That's the last thing I want, will probably end up swimming the channel and fleeing LOL. Don't want to go to prison over something so silly.

Anyone got any advice on dealing with this kind of situation?

Thank, XuHi.

[teaboy2]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Probably a dumb question, it is early in the morning. But who is HTMCS? Did you mean HMCS (Her majesties courts service)?

[wales01man]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Question?
What speed were you doing to get such a high fine and not paying a fine because you thought it was too high doesn't help your case much,
Expect you will have to pay bailiff fees after all without their involvement you would not be on here and trying to pay the Court direct.

[teaboy2]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Court issued a fine of £628 considering I am a student I think that was very high and that's what initially deterred me from paying, not realizing what these kind of fines could lead to I continued not to pay

More to the point, what did you THINK would happen if you didn't pay? That you'd get away with paying nothing!!

Its a court fine, being a student doesn't mean you have the right to receive a fine of lesser sum compared to what a non student that committed the same crime would be fined.

Speeding is a criminal offence, speeding fines are criminal fines, non payment can result in removal of goods, arrest, and imprisonment if you can not afford to pay or do not have goods with enough value to cover the fine. You should have informed the court of your financial status at the time you were fined as they could have accepted a payment plan. But as you ignored the fine, you have made the situation worse for yourself. You have to pay, there is no way out of it now.

As for "If the above Notices are Actually Legal" - Off course their legal, there legal notices required and prescribed by law. Collectica are high court enforcement bailiffs acting on behalf of the courts to enforce the fine. Unlike most cases bailiffs are involved in, where they are required to gain peaceful entry to seize/remove goods, a high court bailiff can force entry and seize/remove goods!

And if you parents do not get a sworn affidavit claiming ownership of goods in THEIR house, the bailiff can and will take their goods, not just your own. And i doubt they would want their TV, jewellery and family heirlooms taken, and i doubt you would want your car to be taken either.

[ploddertom]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Did you attend Court? Did you complete a Means form?

[XuHi]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Probably a dumb question, it is early in the morning. But who is HTMCS? Did you mean HMCS (Her majesties courts service)?

LOL Was very tired hadn't been to bed... But yeah you are right.

[XuHi]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Question?
What speed were you doing to get such a high fine and not paying a fine because you thought it was too high doesn't help your case much,
Expect you will have to pay bailiff fees after all without their involvement you would not be on here and trying to pay the Court direct.

51 in a 30 got charged with SP30. I just don't think its right a company charging like £200 for a knock on a door... If i could do that I would be a millionaire along with a load of other people. The fees are just ridiculous.

[XuHi]

Re: HTMCS Northumbria Court Fine Passed To Collectica

More to the point, what did you THINK would happen if you didn't pay? That you'd get away with paying nothing!!

Not at all I just thought they would use their 'intelligence' and find out why I wasn't paying. In that case it would be because of my financial situation being a student. You see I moved out my old student accommodation and didn't receive no letters until attendance of the bailiff at my mums address. I explain all this to the bailiff and they simply don't care... Nasty people.

Its a court fine, being a student doesn't mean you have the right to receive a fine of lesser sum compared to what a non student that committed the same crime would be fined.

Ohh you are right. Penalise the poor and compensate the rich. That's the way things normally work. If i was a millionaire I probably wouldn't have had to pay even £100.

Speeding is a criminal offence, speeding fines are criminal fines, non payment can result in removal of goods, arrest, and imprisonment if you can not afford to pay or do not have goods with enough value to cover the fine. You should have informed the court of your financial status at the time you were fined as they could have accepted a payment plan. But as you ignored the fine, you have made the situation worse for yourself. You have to pay, there is no way out of it now.

Flee the country in the back of a lorry?

As for "If the above Notices are Actually Legal" - Off course their legal, there legal notices required and prescribed by law. Collectica are high court enforcement bailiffs acting on behalf of the courts to enforce the fine. Unlike most cases bailiffs are involved in, where they are required to gain peaceful entry to seize/remove goods, a high court bailiff can force entry and seize/remove goods!

No comment

And if you parents do not get a sworn affidavit claiming ownership of goods in THEIR house, the bailiff can and will take their goods, not just your own. And i doubt they would want their TV, jewellery and family heirlooms taken, and i doubt you would want your car to be taken either.

My name isn't on the electoral role or whatever you call it so I don't appear at my parents address on 192. So I am effectively classed as not living there. Does this still apply? Can they ROB my parents things?

Thanks for the reply.

[XuHi]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Did you attend Court? Did you complete a Means form?

Didn't live at home was in student accommodation. Car was registered at my parents but my parents don't open my mail . This obviously meant I never had a chance too.

[teaboy2]

Re: HTMCS Northumbria Court Fine Passed To Collectica

More to the point, what did you THINK would happen if you didn't pay? That you'd get away with paying nothing!!

Not at all I just thought they would use their 'intelligence' and find out why I wasn't paying. In that case it would be because of my financial situation being a student. You see I moved out my old student accommodation and didn't receive no letters until attendance of the bailiff at my mums address. I explain all this to the bailiff and they simply don't care... Nasty people.

If you didn't tell them, then its not their job to ask you. You would have been given a means form to complete, to show what you were able to pay etc.

Its a court fine, being a student doesn't mean you have the right to receive a fine of lesser sum compared to what a non student that committed the same crime would be fined.

Ohh you are right. Penalise the poor and compensate the rich. That's the way things normally work. If i was a millionaire I probably wouldn't have had to pay even £100.

This is nothing about penalising the poor and compensating the rich - To say it is is absurd and shows complete arrogance. You committed an offence punishable by law, a rich man is just as likely to have received the same fine. Amount of fine is based on how far above the speed limit you were speeding etc.

Speeding is a criminal offence, speeding fines are criminal fines, non payment can result in removal of goods, arrest, and imprisonment if you can not afford to pay or do not have goods with enough value to cover the fine. You should have informed the court of your financial status at the time you were fined as they could have accepted a payment plan. But as you ignored the fine, you have made the situation worse for yourself. You have to pay, there is no way out of it now.

Flee the country in the back of a lorry?

I don't think you realise just how serious this is!!

As for "If the above Notices are Actually Legal" - Off course their legal, there legal notices required and prescribed by law. Collectica are high court enforcement bailiffs acting on behalf of the courts to enforce the fine. Unlike most cases bailiffs are involved in, where they are required to gain peaceful entry to seize/remove goods, a high court bailiff can force entry and seize/remove goods!

No comment

And if you parents do not get a sworn affidavit claiming ownership of goods in THEIR house, the bailiff can and will take their goods, not just your own. And i doubt they would want their TV, jewellery and family heirlooms taken, and i doubt you would want your car to be taken either.

My name isn't on the electoral role or whatever you call it so I don't appear at my parents address on 192. So I am effectively classed as not living there. Does this still apply? Can they ROB my parents things?

Doesn't matter if your on the electoral role or not.Its last known address (Your car was registered to your parents address)and clearly the bailiff now knows you are living with your parents! So yes, they can seize and remove your parents property if your parents can not prove they own it, receipts etc or by sworn affidavit! But even if you manage to avoid having the bailiff seize property, you can and will still be arrested for non payment of court fine, and if convicted and unable to pay, you may be imprisoned.

See above.

As you didn't attend court and claim you did not even know about the proceedings, then you need to apply to the court to have the conviction set aside by statutory declaration. This will restart the court proceedings, where you can attend, complete a means form etc. Though you only have 21 days from the date you discovered you had been convicted without your knowledge to have the conviction set aside by statutory declaration.

[XuHi]

Re: HTMCS Northumbria Court Fine Passed To Collectica

See above.

As you didn't attend court and claim you did not even know about the proceedings, then you need to apply to the court to have the conviction set aside by statutory declaration. This will restart the court proceedings, where you can attend, complete a means form etc. Though you only have 21 days from the date you discovered you had been convicted without your knowledge to have the conviction set aside by statutory declaration.

Its been more than 21 days are their any other options?

[teaboy2]

Re: HMCS Northumbria Court Fine Passed To Collectica

No - Thats it am afraid!

You will have to contact the court and ask for a payment plan and explain the situation for them and hope they take pity on your situation.

In the mean time, your parents need to go to a solicitor to get a sworn affidavit and send a photocopy to the bailiff, that will stop him seizing and removing goods.

[XuHi]

Re: HMCS Northumbria Court Fine Passed To Collectica

No - Thats it am afraid!

You will have to contact the court and ask for a payment plan and explain the situation for them and hope they take pity on your situation.

In the mean time, your parents need to go to a solicitor to get a sworn affidavit and send a photocopy to the bailiff, that will stop him seizing and removing goods.

Ok thanks I will ring the court on Monday morning and ask them what they can sort out. How much will the sworn affidavit cost? Can it be done without legal help?

[teaboy2]

Re: HMCS Northumbria Court Fine Passed To Collectica

Not sure how much it will cost as each solicitor charges their own fees (though usually about £5 - £10, but costs depends on amount of time to draw up). But i doubt it will be too expensive and it be cheaper than having to buy a new TV.

By the way, if you own the car, then the bailiff could still seize your car.

[ploddertom]

Re: HTMCS Northumbria Court Fine Passed To Collectica

Didn't live at home was in student accommodation. Car was registered at my parents but my parents don't open my mail . This obviously meant I never had a chance too.

They may not open it but I would have thougt any letter coming with HMCTS stamped on meant they should have notified you. This excuse won't work. It is isn't the car they were looking for it was you and if you hadn't notified them of a change of address for your licence you could be looking at extra charges. Were you caught by camera or by a Police Officer?