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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice
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My son has missed a payment on a court imposed fine and has

Resolved Question:

My son has missed a payment on a court imposed fine and has received an enforcement notice. He has tried to contact them re this payment,but they are demanding the full amount due,some £1500,which he simply does not have. Is it possible to restore the original payments he has been making?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What type of court fine is this?

Customer: replied 1 year ago.
Criminal damage to property valued under £5000
Expert:  Jo C. replied 1 year ago.

So this is a Magistrates Court fine?

Customer: replied 1 year ago.
Amalgamated Magistrates and High Court fines. Payment is due to Her Majesty's Courts and Tribunal Service, but the Notice of enforcement is from a company called Marstons, who describe themselves as High Court Enforcement Officers and Certificated Enforcement Officers.
Expert:  Jo C. replied 1 year ago.

Ok. Is this the first failure?

How long has he been paying it?

Customer: replied 1 year ago.
This is the first payment he has missed. He was a couple of days late once or twice,but contacted the court. On this occasion has has been working away from home and doing many double shifts and it completely slipped his mind. He has been paying a regular amount for approximately 12 months now.
Expert:  Jo C. replied 1 year ago.

They are not going to revoke and imprison him for that.

Just attend court and hand himself in for non payment of fines and negotiate a repayment schedule.

One other option, if he is prepared to risk arrest, is to just keep paying it at the agreed rate. He will be in breach but it will take them forever and a day to arrest him and then he would probably have it paid off.

If he wants certainty though, then he needs to go to court. He is likely to be negotiating with the admin office now who will not have a great deal of discretion.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
It says on the enforcement notice that a charge of £235 will be levied if it is not paid by midnight on the 1st of August.
Expert:  Jo C. replied 1 year ago.

They will levy the costs of bailiffs if bailiffs do act.

There is no way around that.

However, he could negotiate the same deal with bailiffs.

The reality is that the fine will increase but if he cannot pay that is the only option.

Customer: replied 1 year ago.
O.K. Thanks. I'll go through this with my lad and see what we can sort out.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

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