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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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Bailiff had turned up to collect an unpaid fine since 2004

Customer Question

Bailiff had turned up to collect an unpaid fine since 2004 .. I have no collection of this such summon and fine.
1. This fine is 9 years old, is it still active ?
2. What is my position now
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

On your specific points

1. Yes, I'm afraid court and parking fines are not subject to time barring. They are subject to limitation but that relates to the time period in which it must be before a court rather acted upon by a bailiff.

2. I'm not sure what you mean? In relation to what?

You can ask follow up questions for free.

Jo
Customer: replied 3 years ago.

What do I have to do next, I did not even know this existed. They have also summon a wrong name too

Expert:  Jo C. replied 3 years ago.
The fact its in the wrong name is a non issue unless its so wildly wrong that it cannot be appreciated that you are the debtor. There is case law on what makes these things defective

If you didn't know about it then you can make a statutory declaration to that effect depending on the type of fine that it is. If accepted that would wipe the fine and render the fines subject to a reclaim.

However, filing an inaccurate stat sec is perjury and people go to prison for that so its really important that everything you set down is accurate
Customer: replied 3 years ago.

For Jo C.


 


Type of fine, I was told by the bailiff, was about the business account. I have no collection of any summon as the business was closed a year later.


The other fine was on the parking that the summon my ex husband, a few months ago. He has left the house 18 months ago and I do not know where he is. Bailiff turned up for it too and I was away abroad.


 


I am not sure what do I have to do

Expert:  Jo C. replied 3 years ago.
In relation to the first fine you need to write to the bailiffs getting to the bottom of exactly what the fine was.

The second is a parking fine one so that can be resolved by a afar dec but you need to be sure it wasn't sent.

I cn pick this up on the morning if you need do know anything. I have court In the morning but will still be online.
Customer: replied 3 years ago.

For Jo C.


 


First fine, Bailiff told me to contact the court as he did not know the case. I just would like to know where I stand.


 


Second fine for my will be ex. husband soon ... who left home in June 2011 and bailiff turned up to take my belongings ? Where do I stand here. I do not know of his whereabouts.


 


Please pick it up in the morning. Thank you

Expert:  Jo C. replied 3 years ago.
Were you a joint keeper of the car?
Customer: replied 3 years ago.
For Jo C.

No. It is registered only in his name
Expert:  Jo C. replied 3 years ago.
They shouldn't remove your goods then although they are entitled to presume that anything found upon the debtors registered address belongs to him unless the contrary can be a proven.
Customer: replied 3 years ago.

For Jo C.

My friend who looked after the house for me when I was away had told the bailiff that nothing in the house belonged to him as he had left the house a year ago. The bailiff turned up in July 2013.

I have been back home in the beginning of September 2013 and have not heard from the bailiff, yet.

I had also reported to the Council that I was a sole occupant in this address. I did it in September 2012.

What do I have to do to get rid of this issue ? I do not know when he is going to turn up to do nasty thing, especially if I am not home. I work full time.
Expert:  Jo C. replied 3 years ago.
Is there a concern that the bailiff will return? Surely he has claimed and seized already?

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