Letter from Collectica

[brian_c]

Hi all,


Going through this forum, I realised I'm not the only one who has received a letter from Collectica about a fine I didnt know about.

I rang HMCTS West Yorkshire today and apparently it was a fine for my late payment of vehicle tax. I have moved house about a year ago but did forget the renewal date for my vehicle hence the late payment. They must have sent all letters to my old address.

I have filled in a Section 14 Statutory Declaration and signed it in front of a solicitor. I'm going to post it by recorded delivery tomorrow.

Apart from that, is there anything else I should be doing?

What happens next after I send off the Statutory Declaration form?


Many thanks!

[zeke]

Nothing happens. The fine and the conviction are a nullity from the time you have the recorded delivery slip.

Sometimes the court might re summon you for the original offence. But if you change address again and a bailiff company finds you, do another Section 14.

Repeat.

[brian_c]

Thanks a lot.

Just received a letter to attend Magistrate court, mentioning the previous missed fine of £325. It is just a matter of attending and pleading guilty? Or would they increase the fine?

[Syd Snitkin]

Yes you must attend. Speak to the duty solicitor and decide on your plea. If you plead guilty you will complete a means test to allow the fine to be set at the appropriate level which could even result in a lower fine. If you are on a low income they should allow you to pay in instalments.

[zeke]

Before deciding a plea, examine the information giving rise to your original conviction, it should be enclosed with the SJP Notice. It is not given then ask for it because the prosecution has the burden of proof. If no information is given then return the SJT Notice stating the information provided is insufficient information to enable you to decide a plea, and therefore the statutory declaration stands.

Ask for the following information:

• Date of the alleged offence
  
  The written charge document showing the date of issue
  
  The date the SJT Notice was issued
  
  The information or evidence the prosecution relies on to bring the charge
  
  Confirmation the SJT Notice and the Charge document dates of issue comply with CPR 7,2(5)(b)

**


** Rule 7,2(5)(b) of the Criminal Procedure Rules: an authorised prosecutor must issue a written charge not more than 6 months after the offence alleged.

If you decide to enter a guilty plea, your statutory declaration is revoked and the enforcement power revived, you will be ambushed by bailiffs even when court staff knows that action is in breach of Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

After entering a guilty plea, pay the fine online to stop the enforcement power under Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and get a receipt. The bailiff's document will tell you how much the fine is.

You don't need to pay the £310 bailiff fees, regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

Return the SJP Notice with your plea together with a completed form MC100.

If you do not include a completed form MC100, you could be fined again to the maximum allowed by the Sentencing Council's guidelines.

Send a notice to the enforcement company the Amount Outstanding had been paid, paragraph 59 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.