Just when things are looking up...

starlite_2

Okay, managed to clear all our debts, O.H got a slight pay rise, and though not yet in a position to save we are manging to stay afloat..

then this letter arrives on my doorstep...

offence ;avoid fare 22/11/2004
fine 195.00
bailiff fees 44.25
total due 239.25
for sutton magistrtes court

this is a final demand to pay in full within 7 days.

It was a day i was on my way to uni on on of the infamous 'flaming bendy buses', and stupidly had forgotten my weekly pass.
I offered to pay the inspector my fare there and then, but instead had to sign a statement saying i had left my pass at home, and as instructed I photocopied the pass and sent it to london transport.
Two months later i called to check they had recieved it and as they could find no details on their system they said i should assume it sorted unless i heard otherwise in the future..
then 14 months lter i get this..
surely they should have sent a court summons before it got to this?
and i assume i now have no way of defending myself/ disputing the fine.
we cannot pay this in full, and they are bound to refuse an offer of installments.

just wanted to see where you all think I stand so I can call london transport and the bailiffs with my facts straight.

so angry!

Xbigman

I assume it has been to court and this is from them giving you the results.
If so get down to the local court and see the clerks there. What you need to do is apply to have the judgement set aside as you never recieved a summons. Then when the case is reheard you file a defence that you did have a pass and that all procedures were followed to resolve the issue.

If when you sent the copy of the pass to London transport you send it recorded delivery, that would help. So would a copy of your telephone bill showing you phoned them to query it.
Regards


X

black-saturn

Could you not show them your pass and point out the date on it?

starlite_2

So there is chance I can still contest the fine? excellent.

Yes I do have old bills..and probably have my old bank statements which show a regular amount (exact price of weekly pass) coming out, including that week.
know that doesn't quite prove it, but it may help
i'm sure I have the original pass tucked way somewhere as I know not to take someones word that it is sorted with things like this.

will have to get hunting this weekend

Only problem is sutton magistrtes court is nowhere near me..can they pass it to my local one (greenwich, london) do you think?

starlite_2

Just called..and they said to avoid incurring further charges, they require immedaite payment, which I will be able to claim back when i prove I am not liable

i cannot pay it, and if I could would refuse to on principle.

looks like another trip to c.a.b..they will know me by name soon I'm sure...lol...

skintchick

That sounds like a cunning plan just to get you to pay!!! If you do then you have admitted liability! Don't do it.

livilou

my dad had court papers recently for something out of the blue bailiffs etc and he had never had original papers saying he was being taken to court so I printed off a form from the internet and N244 (I think) filled it in and basically asked fror judgement to be set aside and stop and procedings underway (bailiffs) . explain that you never had an y previous correspondence and haven't had a chance to defend matter - quote conversation etc re pass. then you take it to the court - you have to pay I'm afraid 65.00. he is having the issue reheard now. he had to take 3 copies of it with him as well.
I also think you can have the issue moved to your local court - but again I think you may have to pay. if you search on google for your local court - you should be able to print off some forms if not it should link to general court forms you can download and priont off with guidance notes and costs etc.

the bailiffs are having u on - they just want their money.

starlite_2

Thanks ..I won't be paying..

I'm sure I will get some joy with london transport, as they were lovley in recent dealings I had with them (bus driver closed doors and set off as me and my baby who was in his pushchair were struggling to get through crowds and off..then continued for three further stops)

quick question, I assume these bailiffs have less rights than the county court ones? (who we've had the misfortune of dealing with over council tax debts)

starlite_2

ha..... spoke too soon...L.T say it's out of their hands..
bailiffs said 'in order to avoid escalation of costs you must make immediate payment , we are unable to enter into dispute with you'

hmph

good job i'm savvy thanks to m.s.e'rs , bet plenty of people would have taken their word for it and paid up and never see the money again

livilou

just read my post and didn't end it very well, when I said they are having you on - I meant they were tryingto get their money by saying you can get it back when you prove you are not liable. best bet go to CAB - they will even print off the court forms you will need etc if that is the route you have to take "no pun intended" re route............

I hope you get this sorted, let us know what happened.

xx

starlite_2

will go to c.a.b only problem is the next 'drop in' is next friday..so by then i will have passed the bailiffs '7 day' notice.

do you think i should write and state i am not liable, and am going through procedure to remove my liability?
or will they not listen, given the response i got from them as posted above.