Magistrate Court Order and fine,driving without Insurance, fined and points

[deemorganuk]

I am new to the forum and hope i can get some help or insight as to how to deal with this matter.

 

i was pulled over by the police in JAN 2011 whilst driving my partner's car,for not wearing a seatbelt .

It transpired i was not insured to drive her car although i had insurance on my own car

( the insurance small print..did not cover me to drive another car).

 

The police issued me with a ticket for not wearing a seatbelt, and 6 points to be endorsed on my licence for no insurance.

the car was then towed to the car pound.

 

We decided we wanted the matter dealt with by a court, ie the points, sent out the slip(part of paperwork issued by the police, and we registered the letter) I paid the £60 fine for no seatbelt.

 

The next thing we heard was from the Magistrates Court in MID MAY - a 'notice of endorsement of licence', ''THE COURT HAS ORDERED THAT YOUR DRIVING LICENCE BE ENDORSED WITH 6 POINTS''.

We also recieved a further letter, same clerk's signatory, difrent address, '' NOTICE OF FINE AND COLLECTION ORDER' , totaling £625.

 

I wrote to the Court informing them that i did not recieve a summons to appear in court and therefore the ruling was made in my abscence which is not the procedure that has been laid out. We also copied the letter to the fine collectors.

 

3 days later, another letter from 'London Collection and Compliance Centre', (fine collectors) subject 'further steps notice' to collect the fine were being taken but could appeal if i liked.

 

I wrote to them immediately letting them know that i wished to await a response from the court on why the ruling was made in my abscence , therefore, would not make any payments as l dispute and totally disagree with how the matter had been dealt with.

 

Last week, the court finally responded and confirmed ...

'''' the matter was dealt with at the first hearing on xxx date, in your abscence, the magistrate heard your case,they imposed a fine total £625.''

 

the letter further states...'''magistrates have guidelines to follow,you were fined in accordance with the guidelines based the relevant weekly income....'''' ??? WHAT?

 

Letter further states if i was unaware of the proceedings i should make a statutory declaration.

 

i received this letter last week from the court, a few days later, Phillip Bailiffs have now a 'notice of distress' and the amount total from 625 to 700£.

 

Has anyone had to deal with this type of nonsense?????

 

Do i need a statutory declaration even though the court has admitted no summons were sent out and the ruling was made in my absence?

 

I am not spoked by the bailiffs although i do not want them to come to my premises of course, can they continue to harass me even though i dispute the matter?

 

can someone help me please, any thoughts/insights appreciated.

thanks in advance,

[raydetinu]

perhaps move to legal issues?

you may need to make an application to get the decision set aside as you were not able to put a defense, form N204 I belive from the court, but stand to be corrected.

I dont think it would of made any difference as it would appear you dont have a defense to the charge?

[deemorganuk]

Thanks for responding.

 

i should atleast be given the chance to put in my defense, the court cannot fully assume i am guilty as charged in my abscense or am i missing something?

I was looking to get a hearing in court to plead for a fine or points,- but not both.

the court order specifies points and no fine, so how is this implemented seperately from the court order?

 

to get 6 points and a fine of £625 is steep ? plus towing etc . i have filled out the form N244

 

thanks again for the input.