Urgent Help Please - Arrest Warrant Issued.

[Aviacom]

Hi,

Three years ago I got a speeding fine which I contested as it was for 1.6mph over the prescribed limit, so instead of points, I got a £100 fine, £85 costs, and a 48 hour disqualification.

A lot was happening in life back then and I agreed to pay the court £20 a month, life got worse, I paid some payments, then missed two payments, and in July 2016, the fine account was sent to Marstons Enforcement. I didn’t pay them a penny but continued to pay the court direct via the online HMCTS payment system by debit card, until it was cleared.
I have receipts on my email for every payment made.

Last week, at my new address (which I’ve only lived at for 12 months!!) I got a Further Steps notice from the court stating that I still owed £85.85p to the court.

So I called them, or rather I tried to for four consecutive days, as the holding times were ridiculous. On Friday morning I finally got through to a lady at Great Yarmouth Court Fines Office. She stated that I still owed the balance above as they had been forwarding my payments to Marstons, at which point I stated that once I have paid the courts direct and got receipts to prove as such, that I am not liable for anything else (?).

She then told me she will place the account on hold for 10 days for me to seek advice, and write into the Fines Office proving that I do not owe the outstanding balance, if by the tenth day they do not have anything for me then an Arrest Warrant WILL be issued without fail and she was VERY adamant that she would do that.

So, what to do?
Is there a template letter I can fill out with my details, showing the relevant legislation and guidelines please that can put this to bed, or can someone on here show me the relevant information?

Many Thanks.

[zeke]

No template needed.

If you get a summons to appear before the court, then show your receipts proving the fine has been paid and that will be the end of it.

There is no regulated provision enabling court staff to give public money to a bailiff company.

The opposite is true because the company works under a contract that bears no financial burden on the taxpayer for services provided.

I understand that court staff are trained to say that money has been "forwarded" to the "authorised enforcement agent", but there is no evidence a flow of money actually exists between HM Court Service and a bailiff company.

The policy was created when bailiff companies complained the "amount outstanding" is paid into court ending the enforcement power.

Your criminal liability is discharged, it is merely a commercial company that has a civil dispute, and there is no power to take control of your goods or threaten to enter a property in regard to that dispute.

[Aviacom]

Thanks for the reply

The court have requested that I write into them by the end of this week stating the relevant section of guidelines or legislation that states that the debt is now void and that monies forward to the EA are not my problem, this before they issue the warrant for my arrest.

I could really do without the warrant with a baby due imminently!!

Hence why I need to know exactly what to put in the letter before I send it recorded delivery

[zeke]

Legislation

https://www.nationalbailiffadvice.uk/Pa ... liffs.html

[Syd Snitkin]

I'd also ask them what legislation compels them to allocate funds from your account to the bailiff.

[zeke]

The template excuse is the money paid is "proceeds of enforcement".

Even though that has been defeated, it was only county court so it's disregarded.

[Syd Snitkin]

Then the reply will always be that money paid direct hasn't been taken using the sch12 procedure so cannot be proceeds of enforcement.