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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son in law went fishing last year my daughter done a rod

Resolved Question:

My son in law went fishing last year my daughter done a rod licence on line they sent confirmation to his email. This year a couple of months ago he received a letter for a fine there was nothing on the letter to say what for. He rang the number and they said it was for having no rod licence that day a year ago and non attendance of court. It turns out they had sent that letter to a prior address so he didn't get it. They tracked him to this address for the second letter and the fine was nearly £300 . He appealed then we went abroad for a wedding. In that period of time they sent another letter doubling the fine to £700 he had to respond by the 2nd of November but we did not get back into country until 3rd. He called them and they insist he has to pay it or they will gain entry. He can prove via environment agency he had a licence. Can they do this? He has paid half they want the rest Friday this week. Can he refuse and get back what he has paid ? They are saying nothing can be done he has to pay they go to court to get it back but would cost him £400 . please help. Thank Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
He needs to apply to the Court and make a statutory demand. What that does is set the entire matter aside. When he calls the Court they will set up an appointment that he goes before the court and says on oath he knew nothing about this. If accepted the Court will grant the declaration and set the matter aside.
Then its like the conviction never happened. Once that happens he can show the Environment Agency the licence. If they do not accept it the matter can go back to Court for a trial.
He can't refuse to pay it - there is a conviction and the bailiffs have a valid warrant. If he refuses they can take goods.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Would he have to pay the court for this and if so would he get it back?
Expert:  Ash replied 1 year ago.
There may be a Court fee for a statutory declaration but you need to check with the Court. No this fee wont be refunded as its payable direct to the court.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes thank you for your help.
Expert:  Ash replied 1 year ago.
Happy to help - good luck.
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