They want me to pay the same fines for the third time , please help?

[not again]

In 2002 i got 3 unpaid fines warrents which i quickly paid, then in 2005 i got the same three warrents as distress warrents enforced by drakes, it took me a few days on the phone to sort it all out.

Now i am getting the same three distress warrents from philips for the same three fines.

 

Please help , i cannot keep paying the same three fines over and over again.

 

I called the court that issued the warrents and they said they would contact drakes and philips to find out what has gone wrong, they said that a note is on one of the fines saying that in 2005 drakes were waiting for a bank statement as proof of payment, i sent them this statement in 2005 to prove i had paid them in 2002.

 

Thinking that it was all dealt with i didnt keep any records of any correspondence because it was such a long time ago.

 

I can understand that mistakes can be made once but twice?

 

Any advice would be greatly appreciated.

[Thegreenpimpernel]

Have you established whether:

 

a) The courts received the money, but Drakes keep coming back.

 

or alternatively

 

b) Drakes still haven't handed the money over to HMCS since 2002?

[not again]

I have no idea , Drakes said i have to write to them which i have yet to do , philips also, i got one distress warrant on Friday and one today so i am assuming the third will come shortly.

Its a bit fuzzy as it was a long time ago but the last time i got the duplicate warrants the Drakes said they had not received the money (i paid over the phone via debit card) so the court fines dept helped me sort it out , i ended up sending them a bank statement.

Obviously there has been a break down in the system somewhere, i have yet to establish where. I have contacted the court on Friday morning and they bsaid they would get back to me , i am still waiting so hopefuly it will be early next week. I had to take Friday off work to wait by the phone to try and sort this out, i am self employed but a days pay is still a days pay.

 

edit - sorry , it would seem that Drakes have not given the money to the courts.

[Thegreenpimpernel]

I really need to learn about this, but in the absence of a better plan:

 

1)Adopt seige mentality. Do not answer the door to them, move your car well away from the house.

 

2)Seek to get the case recalled to court, which would happen anyway if you don't pay it. I don't know the procedure, but i can tell you that:

 

a) Magistrates do have the discretion to cancel any fine, and,

 

b)Do often give people the benefit of the doubt where their stories are plausible, and it would not be reasonable to expect evidence to remain.

 

I would consider a SAR to Drakes, it may show past communications and activity bolstering your defense.

[not again]

May I ask what a SAR is?

[fork-it]

Drakes ceased to exist after it lost it credit license and needed to lodge a security for get a new one and it reformed as Marstons - after John Marston who put his private Mansion up as a security for a new credit license.

 

Contact the court, ask them for the official postion on the fine. I wouldnt bother contacting Drakes or trying to get a SAR. In any event a SAR is all about getting "personal data" a company holds about you as defined in Section 1 of the Data Protection Act 1998 and a court fine does not fit into that description. You will only blow £10 and get a work of fiction.

 

Work with the court manager to resolve it.

[Thegreenpimpernel]

Forkit said:

 

"In any event a SAR is all about getting "personal data" a company holds about you as defined in Section 1 of the Data Protection Act 1998 and a court fine does not fit into that description. You will only blow £10 and get a work of fiction."

 

That's interesting, I didn't know that. I can understand why it might not apply to HMCS, but wouldn't it apply to Drakes / Marstons since they are a company?

[wonkeydonkey]

Forkit said:

 

"In any event a SAR is all about getting "personal data" a company holds about you as defined in Section 1 of the Data Protection Act 1998 and a court fine does not fit into that description. You will only blow £10 and get a work of fiction."

 

That's interesting, I didn't know that. I can understand why it might not apply to HMCS, but wouldn't it apply to Drakes / Marstons since they are a company?

 

Its Drakes/Marstons who hold "the history" information so I agree with GP a Subject Access Request should be set to them. If the OP paid this in 2002 and it's reared its head again then logic say they MUST have all the history to be able to chase the alleged debt.

[fork-it]

That dont need a SAR to do this, just ask for the information needed in a letter but if they fail deliver, then the liability can be disregarded on the grounds of concealment of information , simples really.

 

Section 3 of the Fraud Act 2006.

[not again]

double post sorry.

Edited March 28, 2011 by not again

[not again]

Thank you all for your replies , I have been out of the loop for a while due to illness but i have got back in the saddle today to try and resolve this.

I called Philipps today , when the phone was eventually answered I got ''Name and address'', Hello i said ''name and address'' was asked again , the operator sounded like he was having a bad day. I started to give him my name and address and he just hung up on me mid sentence.

I called back , Same guy. ''Reference number'' he asked , I started to give it to him and again mid sentence he said ''hold on'' and put me on hold, when I eventually had my call answered he had put me through to someone who only deals with the DVLA who was unable to help me.

 

I decided to go to the courts. I was told by the central fines office (08459400111) that there is a note on the account to say that the fine had been paid and Drakes had received my bank statement to say so. They then said the fine had been returned as unpaid. I said the note proved it had been settled but they said without a valid bank statement to say otherwise the fine would remain live.

I contacted my bank, they said they can only go back as far as five years.

 

Ive been talking to the courts all day with no resolution, they want the money from me and nothing I can do or say will convince them other wise.

I know money is tight these days but this has got to be taking the pee a little? Are the courts really that hard up for cash?