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  • FIRST POST
    • YasFreemind
    • By YasFreemind 1st Nov 17, 7:03 PM
    • 1Posts
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    YasFreemind
    Court Fines - Details incorrect on paper work
    • #1
    • 1st Nov 17, 7:03 PM
    Court Fines - Details incorrect on paper work 1st Nov 17 at 7:03 PM
    Right so stupidly 3 years ago I was stupidly in trouble with the police for something and I received a 2 year suspended sentence, 1 years probation and a £10,000 fine. How ever, when I walked out of court my solicitor advised me not to pay the fine, he didn't give me a reason he just simply said don't pay it. Now when I was doing community service I had police come to the site and request to see my driving license or ID as they thought I was lying about who I was and pretending to be someone else! After they checked the details etc they basically said that the details they had for me were wrong, the Date of Birth on the court papers does not correspond with mine in the slightest I don't understand how but yeah, I than suggested that legally it wasn't me who had been convicted of this etc as they were not my details and I could leave now as it wasn't me who was on the details they had, although I said obviously I'm not going to do that and I did the community service but they did say that I was right in that if my details were wrong in legal terms it's not me on the documents the court hold. I was even stopped by the police one evening in my car around 18 months later and asked if I was known to the police, I told them about the charge and that I was on a suspended sentence they went away came back and asked me why I had said I was on a suspended sentence as my record had come back as clear! Now after 3 years I've never paid the fine, I've had Marstons looking for me for a long time, they never managed to make contact with me, and I phoned them today to find out why they were looking for me they explained that it was for the court fine and that it had been referred back to the magistrates court in July, and that I should contact them. My question is will there be a warrant for my arrest and is it even legal as even my solicitor at the time told me not to pay it and I now understand why he told me not too, also if the court had issued a warrant in July, surely I would have heard from the police by now
Page 1
    • Ebe Scrooge
    • By Ebe Scrooge 1st Nov 17, 7:56 PM
    • 3,981 Posts
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    Ebe Scrooge
    • #2
    • 1st Nov 17, 7:56 PM
    • #2
    • 1st Nov 17, 7:56 PM
    Firstly, a £10k fine ain't gonna happen. Secondly, try reposting with bullet-points, clarifying what your actual question is. When we know what you're talking about, we may be able to help.
    I may not know much about art, but I know what I like.
    • fatbelly
    • By fatbelly 1st Nov 17, 8:14 PM
    • 11,539 Posts
    • 8,674 Thanks
    fatbelly
    • #3
    • 1st Nov 17, 8:14 PM
    • #3
    • 1st Nov 17, 8:14 PM
    . My question is will there be a warrant for my arrest and is it even legal as even my solicitor at the time told me not to pay it and I now understand why he told me not too, also if the court had issued a warrant in July, surely I would have heard from the police by now
    Originally posted by YasFreemind
    Yes there probably will be a warrant for your arrest.

    Is this Magistrates Court?

    Factsheet here

    https://www.nationaldebtline.org/EW/factsheets/Pages/magistratescourtfines/magistratescourtdebt.aspx

    or was this in the Crown Court?

    The Magistrates Court limit of £5k was lifted in March 2015 so I can't really tell which court from your story.
    • ToxtethO'Grady
    • By ToxtethO'Grady 2nd Nov 17, 1:02 PM
    • 79 Posts
    • 38 Thanks
    ToxtethO'Grady
    • #4
    • 2nd Nov 17, 1:02 PM
    • #4
    • 2nd Nov 17, 1:02 PM
    You need legal advice as you may have to prove to the courts that you are who you say you are. If the wrong date of birth was on your conviction then it wasn't you who was convicted it was someone with your name and a different date of birth.
    A warrant can be issued however the police or warrants officer would manage this not Marstons, they are acting as bailiffs.
    You could ask a solicitor to sign a statement of truth that you are who you say you are and then raise a complaint about your previous solicitor not noticing/raising this in court through the Solicitors Regulation Authority http://www.sra.org.uk/home/home.page
    • fatbelly
    • By fatbelly 2nd Nov 17, 6:44 PM
    • 11,539 Posts
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    fatbelly
    • #5
    • 2nd Nov 17, 6:44 PM
    • #5
    • 2nd Nov 17, 6:44 PM
    From the factsheet

    The magistrates’ court will usually instruct private bailiffs to enforce most warrants, including arrest warrants and warrants of committal. These activities used to be carried out by the police. Now you could have a private bailiff calling to try to enforce payment by taking your goods, or to arrest you to go to a court hearing.
    Is this magistrates court? Toxteth is right that it is starting to sound like it. You should make contact with the Magistrates Court before they have to force the issue.

    my solicitor advised me not to pay the fine, he didn't give me a reason he just simply said don't pay it.
    and if you can evidence this, you do have a case for a complaint.
    Last edited by fatbelly; 03-11-2017 at 12:37 PM. Reason: clarification
    • Herbie21
    • By Herbie21 3rd Nov 17, 8:39 AM
    • 775 Posts
    • 983 Thanks
    Herbie21
    • #6
    • 3rd Nov 17, 8:39 AM
    • #6
    • 3rd Nov 17, 8:39 AM

    A warrant can be issued however the police or warrants officer would manage this not Marstons, they are acting as bailiffs.
    Originally posted by ToxtethO'Grady
    Marston's confirmed that the warrant had been returned to the court so it will now be for the court themselves to deal with.

    However, Marston's do enforce arrest warrants. Their role will be to bail the individual to attend the magistrates court on a set date.

    As the warrant has been returned, the Civilian Enforcement Officer (who is a court employee) will be enforcing a warrant and that person may indeed take the person straight into custody.

    PS: I am at a loss to understand the solicitors instruction not to pay the court fine (of £10,000).
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