Marstons bailiff issue, magistrates court fine

[stevemLS]

Re: Marstons bailiff issue, magistrates court fine

The letter looks fine to me.

I hope you got it off today before close of business?

I think Andy is saying s165 doesn't apply because this was a fixed penalty rather than a fine the amount of which was fixed by the court?

Best of luck.

[Kati]

Re: Marstons bailiff issue, magistrates court fine

im lthinking of paying for a telephone consultation now with dealingwithbailiffs.co.uk, has anybody else used them?

Personally, I wouldn't bother ... why pay for something that you can find out elsewhere for free, but it is ultimately your decision and no-one can make you do (or not do) something

[Milo]

Re: Marstons bailiff issue, magistrates court fine

the more im reading, the more it appears the court have to offer me a means hearing, is this correct?

The court sent bailiffs and you have not been means tested.

If you have not been means tested before receiving contact from a bailiff then the court is not complying with court rules Section 165 of the Criminal Justice Act 2003.

You can make a formal complaint to get bailiffs taken off the case and any fees you have paid are recoverable.

I am sorry but the above information is NOT correct at all. Reading legislation is simple.....but understanding it is a whole different matter altogether. I will try to explain as simply as I can.

A court fine will start life with a summons and the 'summons pack' (for want of a better description) will include sections to allow the individual to enter a plea (guilty or not guilty). If a 'not guilty' plea is ticked the case will be set down for a hearing and the individual will be require to attend court.

If a 'guilty' plea is entered the explanatory notes state that the individual should post the forms back to the court and include as well the MC100 (Means Enquiry Form). The individual will not need to attend the hearing and instead, the court will determine the level of fine on the seriousness of the matter and they must also give 'credit' for an early 'guilty plea'. Lastly, the court will determine the amount of the fine and so doing, will take into consideration the information provided on the Means Enquiry Form.

The sad fact is that the majority of individuals do not bother to enter a plea and fail to complete and return the Means Enquiry Form.

Can the court set a fine without a Means Enquiry Form being supplied?

Yes they can and this is outlined very clearly in section 164 (5) (b) which states that if a offender fails to provide a financial statement (Means Enquiry) that the court can determine the case 'as it thinks fit'.

http://www.legislation.gov.uk/ukpga/...164?view=plain

[bizzybob]

Re: Marstons bailiff issue, magistrates court fine

The danger of ignoring and not entering a plea, and filling in the Means Enquiry Form, is that they WILL impose the maximum fine.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

thanks all [MENTION=30402]Milo[/MENTION] ia on the case for me, thanks for all of the advice.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

hi all, basic update, the bailiff is insisting on £630 by 7pm or he's forcing entry, theres been discussions back and forth but this is the crux of it. we've got a baby who is 4 weeks old tomorrow, and ive got a stat dec proving i dont own anything in the house, i also dont own a car. [MENTION=30402]Milo[/MENTION] has been a marvellous help but we seem to have hit a stalemate. I can pay him £395 today, which is original fine, it absolutely stinks me for a week, literally, but it can be done, the bailiff has said he wont accept this however, and that if he comes back 'it increases the fees' (i feel like calling him back and recordiong the call to catch him saying this, its 3 times he's said that now, and it simply isnt true.

i feel like calling his bluff on this and just paying what i can to the bailiff firm online. im waiting for [MENTION=30402]Milo[/MENTION] to come back to me on this, but what is everyone elses thoughts? my stat dec is from june 2012, is this recent enough? should i have another on done today?

i can pay the fine, but really feel like im being bullied here, and i dont like it.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

that was *skints me by the way, not 'stinks' me!

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

i really feel like calling him and telling him to do what he needs to do, even if i didnt have my stat dec, other than baby things, we simply dont have anything worth £630 anyway, weve got an old tv, we dont have playstations or anything like that, or any new appliances or posh ipads, we live very simple lives. we have fairly old, kid worn furniture, and thats about it. i dont believe aything we have will be worth £630, even collectively!

i fell like getting my wife and kids out of the house, and letting them do what they need to do.

i hate being bullied, and i really feel I am.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

thoughts anyone? im really against the clock here and starting to get rather worried