Magistrate Court fines.....Compliance fee of £75 and Enforcement fee of £235 are legally due.

[ploddertom]

 

 

After starting this thread the Guru posted to confirm that he does refer cases to another McKenzie Friend (a female by the name of Sarah) but that she is supposedly a 'practising' solicitor working from Lincoln's Inn'. It is possible that he is correct, but there is a strong likelihood that he also uses the services of a lady with the same first name (Sarah) but that she is from an entirely different area of London altogether (Stanmore to be precise). Crucially.....on her own website, she states that she is a 'former' practising' solicitor. She further confirms that she nows works as a McKenzie Friend and that she 'drafts' documentation for court. She trades as a Limited Company.

 

 

In response to messages that I have received since writing the above post asking for a link to 'Sarah's' McKenzie website. I cannot provide it at this present time given that over the weekend....her website was removed.

 

After reading this I had to go back over the thread as I found it too much of a coincidence that the person referred to is actually named along with the Law Firms' name on one of the Social Media Sites.

[Andyorch]

Off topic posts unapproved.

 

Regards

 

Andy

[Peterbard]

Seen two more of these today. Debtor gets notice of enforcment and pays the sum due under the warrant straight to the court, bailiff calls and puts a note through the door £310 due. She rings the court and they say her payment passed straight to bailiff.

 

So frustrating not being able to do anything , the poor woman was beside herself, all to save £75.

[Peterbard]

I think many people do not realise that the enforcment may commence before they are aware, and particularly in council tax enforcment.

 

The fee is due when the EA receives the instruction, not when the initial notice is sent.

The debt must be addressed as soon as the notice of application for a liability order on CT or in the case of a magistrates court fine at final steps at the latest.

 

Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs

5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage;

[Bailiff Advice]

 

142 Power of magistrates’ court to re-open cases to rectify mistakes etc.

 

This thread has run to too many pages and has gone 'off topic'. It would be best if I started a new discussion thread regarding applications under Section 142 as this subject is one where there is yet again a lot of misinformation.

 

For example; defendants are unaware that in making an application under section 142, they are required to serve notice on the other party and if they are seeking to have the fine set aside, the same requirement apply as if they they are applying to withdraw a guilty plea.

[Peterbard]

This thread has run to too many pages and has gone 'off topic'. It would be best if I started a new discussion thread regarding applications under Section 142 as this subject is one where there is yet again a lot of misinformation.

 

For example; defendants are unaware that in making an application under section 142, they are required to serve notice on the other party and if they are seeking to have the fine set aside, the same requirement apply as if they they are applying to withdraw a guilty plea.

 

Yes CPR 24.18