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So the fact that I never received any correspondence from the railway company is irrelevant?
Also, to clarify things, are you saying that I can make a stat dec at a magistrate court under oath saying that I never received any court summons, and that the fact that I am out of time or in time is also irrelevant, although I received an email from my former landlord in November, but a distress warrant only last week? How should I phrase it once at the magistrate court?
How should I take the fact that the enforcement agency gave me another 21 days last week?
I am sorry if I am being redundant, but I just want to make sure I get your point.
any thought on this?
question 2 and 3 are linked:
am i out of now or not? am i out of time because my former landlord emailed me a scan in november, and i reached out to the enforcement court (lccc) and the originating court straightaway, but never followed up till i received the notice of distress warrant at my current address last week. or am i on time because i only received the notice of distress warrant last week, and after calling the enforcement court they gave a further 21 days to sort out this matter?
if i am oot, would you think an acceptable account would be the fact that as not a uk citizen i wasnt aware of the uk legislation, and as travelling in and out of the country for personal and professional reasons, i couldnt get legal advice until i received the notice of distress warrant, and i hadnt received the summons anyway, and that the enforcement court (lccc) upon hearing this gave me a further 21 days last week.
i understand you cannot give legal advice, but accordign to your experience and knowledge, do you think if im oot it would be a sufficient excuse, and woudl it hold in court?
when you mean setting aside the finding, would it mean disregarding the finding, and not granting me the benefit of a stat dec?
woudl you advise or suggest anything else beofre i go to court to file it tomorrow?
i will come back with additional info
and actually how should i handle the fact that i already paid the court fine (not the bailiff fees)? can i say that as we are going to square one with the matter, i should be refunded what i already paid?
I paid the fine last week the same day I received the notice of distress warrant. I assumed paying straightaway the court fine itself would be the first step to resovle the matter. As i didnt have a clue what it was about, i assumed payign frist, and then going to defend my case, was the right thing to do.
i filed my stat dec at my local court, sent it to the initiating court. i am now waiting for any correspondence from the initiating court. my understanding is they will advise the toc that i filed successfully a stat dec, and thererore the toc will decide whether to go at it again or not.
i am not sure i want to go through it, as i don't have any witness to corroborate my claims. i'd like to offer an alternative arrangement to the toc, so as not to go through court. my reputation is very important to me, therefore thinking i could maybe suggest an alternative arrangement to toc.
do you think i should wait for a correspondence from teh court before reaching out to the toc, or can i reach out to them asap?
i already swore it in front of my local magistrates' court, and it was approved by the district judge. I sent it to the originating court, and they told me they would get in touch with the toc, and the toc would ecide whether to go at it again or not.
i am now wondering if i shoudl reach out eprsonnally to the toc to try and make an alternative arrangement, or wait for the court to contact me, and then contact the toc.
i hope this is clearer
i have now received a notice of new date of hearing from the court.
would it now be a good time to contact the prosecution to arrange an alternative agreement?