MAGISTRATE COURT FINES. Template of a Statutory Declaration.

[tomtubby]

Re: MAGISTRATE COURT FINES. Template of a Statutory Declaration.Updated June 2011

 

 

With so many queries being posted on CAG concerning unpaid Magistrate Court FINES I am providing a Template of a Statutory Declaration.

 

Only 4 companies can enforce these fines; Marston Group, Philips, Swift Credit Services (Wales) and Excel Enforcement (also Wales).

 

The problem that is occuring very often is that many of these FINES have been issued in somebody's absence long after that person has moved home and the first time that they know of the offence was when they have received a letter or visit from a bailiff at their current address.

 

In the main these FINES are commonly for the following:

 

Using a TV without a Licence.

 

Driving without valid insurance

 

Driving without valid Road Fund Licence.

 

Failure to provide driver details

 

Driving whilst using a

mobile phone

.

 

......................... ......

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the

distress

Warrant and all bailiff fees will then have to be removed.

 

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

 

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

 

This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

The following is a template Statutory Declaration.

 

 

I:

Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on (enter date) for (enter offence ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined (enter amount) with costs of (enter amount) and that (ie; my licence was endorsed with three points).The reference number for this case is: (enter case number)

 

AND THAT:

 

Notification of this fine first came to my attention on (enter date) when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a

distress

Warrant dated (enter date) and that he required a sum of (enter amount) within 3 days failing which he would return with a locksmith.

 

I would like to advise the Court that I am suffering from (enter health problems if any). In addition, I am receiving medication for ie; (severe depression etc) and have been under the care of a counsellor.

 

My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

 

I genuinely do not remember receiving documentation concerning this fine.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

 

Solicitor/Commissioner for Oaths:

Edited June 14, 2011 by MARTIN3030
Updated by TT.

[Dougal16T]

Afternoon all,

Now that is a GOOD post.

 

Best wishes to all

 

Dougal

[hallowitch]

good call making it a sticky wont have to go looking in my favourites for it

[MARTIN3030]

Is it all up to date still ?

[tomtubby]

I am making some minor changes to this Statutory Declaration.

 

With so many queries being posted on CAG concerning unpaid Magistrate Court FINES I am providing a Template of a Statutory Declaration.

 

Only 4 companies can enforce these fines; Marston Group, Philips, Swift Credit Services (Wales) and Excel Enforcement (also Wales).

 

The problem that is occuring very often is that many of these FINES have been issued in somebody's absence long after that person has moved home and the first time that they know of the offence was when they have received a letter or visit from a bailiff at their current address.

 

In the main these FINES are commonly for the following:

 

Using a TV without a Licence.

 

Driving without valid insurance

 

Driving without valid Road Fund Licence.

 

Failure to provide driver details

 

Driving whilst using a mobile phone.

 

......................... ......

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the Distress Warrant and all bailiff fees will then have to be removed.

 

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

 

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

 

This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

The following is a template Statutory Declaration.

 

 

I:

Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on (enter date) for (enter offence ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined (enter amount) with costs of (enter amount) and that (ie; my licence was endorsed with three points).The reference number for this case is: (enter case number)

 

AND THAT:

 

Notification of this fine first came to my attention on (enter date) when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a distress Warrant dated (enter date) and that he required a sum of (enter amount) within 3 days failing which he would return with a locksmith.

 

I would like to advise the Court that I am suffering from (enter health problems if any). In addition, I am receiving medication for ie; (severe depression etc) and have been under the care of a counsellor.

 

My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

 

I genuinely do not remember receiving documentation concerning this fine.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

 

Solicitor/Commissioner for Oaths:

[MARTIN3030]

Very good.

Is this one replacing the one at first post then TT ?

[tomtubby]

Yes, this one replaces the original one.

 

PS: Thank you for noticing the changes.

 

S

[MARTIN3030]

TT-have now replaced it at post 1.Good work.

[Trumpton7]

Hi there, please see link for my thread

 

it wont let me add link so please see last nights thread i added about 'Marston Bailiff Surprise'

 

 

 

Obviously i dont put im ill etc in my declaration ( i presume) but this is the first knowledge of this fine and i also have been on Employment and support allowance from start feb til july. Now im back at work but i only work 14.5 hours with a gross of £101.

 

Im can see a family solicitor at 3pm if any good???

 

Please let me know ASAP what i should do

 

thanks in advance