Hello, soem advice for a HMCS fine enforcement.

jonnybrilliant

A colleague of mine is some distress, with the fairly standard Marstons letter through the door, bailiff visit while out.

This is the timeline -

She was given an on the spot fine for littering in winter 2007.

Defended the case in court summer 08, found guilty. Fined £400+

Put in notice of appeal against conviction autumn 08.

Then moved house, heard/thought no more about it.

Recieved a trace letter from Marstons last week, was about to act, and got home today to the note on the door, and the fine up to £630.

She has spoken to the (surprise) unhelpful bailiff, who refused to discuss any repayment plan..

So, my question is, on a HMCS enforcement writ, if they fancy they can force entry into her home (single parent 2 small children?)

Is it correct that they can refuse to set a repayment schedule?

And going back to court, can she get a 'stay' and arrange a schedule with the court, even if she is not on income support? I think its quite easy if you are on IS, but I'm not sure if your not.

Any help gratefully received.

Thanks, J

jonnybrilliant

Apologies for the awful spelling of 'some!'

Ivory_Tinkler

jonnybrilliant wrote: »

She was given an on the spot fine for littering in winter 2007.

Defended the case in court summer 08, found guilty. Fined £400+

Put in notice of appeal against conviction autumn 08.

Then moved house, heard/thought no more about it.

I think your colleague should seek legal advice. What sort of littering was this to warrant such a high fine in the first place...£400 seems an awful lot to be fined?

I'm surprised that she thought no more about it though after defending the case and putting in an appeal. Is she being straight with you (did she move away perhaps thinking this would all disappear)?

jonnybrilliant

I think thats very much the case, though to make her excuses her husband left her at the time, I think she hoped it would disapear, of course it hasn't! Thanks. J

eyeinthesky

I think she needs to just pay it! They aren't going to agree a payment plan now, she already done a runner once! The initial fine would have been presumably a PND, so an £80 penalty originally. If only she had just paid it first time round...

pinkshoes

So she got caught littering, and given an on the spot fine, probably £50, but decided to contest it rather than pay it (why???).

So it then went to court, and she lost, so had to pay court costs of £400.

She then ignored this, so it was passed on to balifs, and they've now added their fee, totalling £630.

She really needs to pay this ASAP, otherwise the costs will escalate. The cost may sting, but at least she'll think twice before littering.

If she has anything of value, she should sell it to pay the costs.

sarahg1969

This may be of some help:

http://www.bailiffadviceonline.co.uk/