Courts deducting money from benefit

Morglin

blowfelt wrote: »

Btw,i got 7 day in prison in 2011 for failing to pay a parking ticket.I received a parking ticket off the police,i told the courts i was not illegally parked and i will not be paying the parking ticket of £30 and fine of £15.The judge refused to see my evidence which proved i was not illegally parked and sentenced me to 7 days in prison.

I tried to Appeal this ticked and conviction but the courts refused to allow me to Appeal. Why did the courts not take this parking ticket and fine out of my benefit then if the law was changed in 2008.

It sounds as though (it is a bit confusing!) you have been fined for contempt of court, for not paying the fine to begin with, and as you have not been given leave to appeal, you are guilty (in law).

If you live on benefits, how else can the find be paid, other than by deductions from benefits?

So, yes, it is allowed, but you really would be well advised to get a solicitor.

Lin

BillJones

blowfelt wrote: »

Btw,i got 7 day in prison in 2011 for failing to pay a parking ticket.I received a parking ticket off the police,i told the courts i was not illegally parked and i will not be paying the parking ticket of £30 and fine of £15.The judge refused to see my evidence which proved i was not illegally parked and sentenced me to 7 days in prison.

There's a lesson in there for you, I think. I'd take it to be that it's not a good idea to base your actions on how you'd like the system to be, rather than how it is.

jobbingmusician

Here is some very out of date advice, which I think is likely to apply still, and thus may be helpful.

It has already been demonstrated quite clearly in this thread that deductions from benefits CAN be applied. The issue about consent is a red herring, since few people are keen to have deductions automatically applied from ANY source (although people vary in their willingness to repay debt.....;) )

HOWEVER, and this is the out of date advice which may prove helpful. When I did a course on benefits advice, many many years ago, there was a book published, which CAB will have access to. It might also be possible to find this information online. This stated the maximum which could be deducted from benefits for various sorts of debt. It seemed, from the course I did, that people who should have known better, such as electricity companies, were routinely setting deductions from benefits which were far in excess of what was actually permitted by law.

So my advice to you is that yes, of course they can make deductions, but you should check what those permitted deductions are, and ensure that no-one is making deductions in excess of what is permitted.

System

moaninggit wrote: »

you were also on remand in for 3 months at one time time to stop messing about and pay the dam thing out of the 120k you have invested somewhere.

"Somewhere".

You know nothing which makes you the Mother **** of all assumptions

The 120k was if i had sold my property.I did not sell the property and my ex owns it now.

dippy3103

Clearly you really do need professional legal advice. With respect the very fact that you needed to ask on a forum rather than research it yourself suggests to me that you need proper legal advice and representation.
Have you been granted leave to appeal? On what grounds are you appealing? Is it to do with the lawfulness of the investigation or other grounds?

justlooking2012

blowfelt wrote: »

Somewhere.
You know nothing which makes you the Mother **** of all assumptions

You seem to be a victim and a know it all. Solicitors are not good enough for you, the people on this forum are not helping you, the courts are against you blah blah blah.
You really need professional representation as it is clear that you will do yourself more harm than good, nobody gets sent to prison over a parking ticket but they do get sent to prison if they keep defying the court.
Get a solicitor

Bollotom

You came to ask for advice and shunned everything as no proof was provided. Then you say you don't want a solicitor??? I'm calling "Wah" on this one. It's a wind up. :cool:

tomterm8

blowfelt wrote: »

Sorry if i have confused ppl,I only meant to explain that filling in this form is the usual procedure when going to court and getting a fine.
I have never given the courts permission to take any money out of my benefit,i never filled in or signed any form.

Sorry, old chum. A fine is backed up by a court order. Failing to obey a court order is a contempt of court. If you don't pay by choice you'll go to gaol until you agree to pay.

The court has the power to order other parties to pay up : a third party debt order. It has the power to attach your benefits. You've already had the relevant law quoted. It has the power to declare you bankrupt and repossess your property. See the insolvency act.

In short the court has the power to collect the fine, or put you in prison until you pay up.

BillJones

blowfelt wrote: »

Somewhere.
You know nothing which makes you the Mother **** of all assumptions.

This aggressive "I know best" attitude has landed you in jail once already. It's probably worth adjusting it, as it's seemingly not leading you to a happy place.

Nada666

Sometimes you can't but help wishing there were a three-strikes system over here.