Court Summons non payment of fine

Extortion84

Apologies if this is the incorrect section.....

Basically i got a court fine well a couple combined it cam to £1400, i have been paying at £30 a week until January when i was met at the door by council tax bailiffs.... they had cocked up my standing order but blamed the bank and the bank blamed them etc so they demanded half the balance to stop them removing goods, so paid them after borrowing as much as possible from family and paid £500 of the £792 outstanding. way over half to hopefully get them off my back for a while.

During the week or two of that i completely forgot about my fine with the court and got a text message on my mobile saying i have been summonsed to court, this was followed up by a letter 4 days later. I rang the fines dept as soon as i got the text but they said i needed to attend as they couldn't deal with it now as it had already been passed to the court.

Stupidly this is the second time i had missed payments (i had spent a while in hospital) with my partner and our new born and the court had been back of my mind, That hearing they ordered me to pay £30 a week which i was doing until like i say January. Now with going back to court what will the outcome likely be? im not purposely holding back payment it was a genuine mistake and i have completed the statement of financial circs and wrote a letter to the magistrates to explain my mistake and offer to pay £140 per month (£801 left to pay from the original £1400).

My partner works full time but her hours are all over every week so we found childcare almost impossible so i stayed at home despite me practically begging her to let me work and she stay at home lol, shes doing really well in work and is looking at been promoted to "manager" within the next month or so, i have managed to get offered a job that wont interfere with her hours (the latest she finishes is 10-1030pm) and i too will be at managerial level (old job now want me back) so ive explained this in the letter and asked that the court consider £140 per month until i start work then ill increase that and look to pay an extra £100 a week out of my wages, this would then have it paid off within 2-3 months, what are the court likely to do as if i get a custodial (Yes some will jump on here saying lock me up blah blah) it will risk my employment and my partners as there are no nurseries or childminders that would do until 10-1030pm. Is it likely to be custodial, an increase on the fine etc??

Thanks and im not after everyone flaming me saying i should be locked up etc yes ive made mistakes but im not refusing to pay i made a mistake and just wondered what would happen?

Thanks

give_them_FA

I'm certainly not going to jump on you buddy and I hope no one else will, we are here to help not stand in judgment. You obviously are anxious to sort the matter out and I hope that the Court will take the sensible decision and accept your proposals. I certainly wouldn't want to see taxpayers' money squandered locking you up, with all the negative results that would entail for you as well, when you are trying to face up to your responsibilities.

But having said that I do think you are on the wrong forum, though who knows, there may be someone on here who can give positive advice? Good luck friend.

esmerobbo

The courts normally lock up wont payers not cant payers, if you explain your circumstances to the court I am sure they will except your proposals. However write all your commitments down and don't offer something that you can not afford, but as much as you can to get it sorted as quickly as possible.
Good luck!

Aretnap

Courts have instructions only to jail people for non-payment of fines if they're satisfied that they're refusing to pay, rather than merely unable to pay. Unless the original offence was imprisonable they're also required to try, or at least consider, all other means of collecting the fine first. See here

http://www.legislation.gov.uk/ukpga/1980/43/section/82

and the magistrates' guidelines here (pages 156-159)

http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_%28web%29_-_March_2012.pdf

greenface

Not jumping down your throat either but can you clarify. You say the banks and baliffs cocked up between them and you have had to find alot of money to clear this. But >>>also you say at the same time you forgot to pay a few payments too. How would they know you forgot if it never went through anyway ? seems like your being chased twice and have settled up to date with the baliffs