You may have been convicted of an offence in your absence because the court did not know your current address. The court issued a warrant to the bailiff who has traced you.[1]
If a bailiff contacts you a fine you know nothing about, then the fine and conviction are invalid.[2]
Within 14 days of learning about the conviction, make a statutory declaration and send it to the magistrate's court by recorded delivery.[3] That revokes the fine and the conviction,[4] and ends the enforcement power.[5]
If you send the statutory declaration by ordinary post, and not by recorded delivery, the court service will ignore your statutory declaration,[6] and the enforcement power is still active.
You do not have to contact the bailiff company, but you are recommended to tell them the enforcement power has ended.[7][8] In any case, the Court Service will contact the bailiff company and withdraw the warrant.[9]
Court Service staff do not give you an acknowledgement of receipt of your statutory declaration, so keep a copy of the postal receipt for your file.
The bailiff may not recover any fees and charges.[10]
Template Statutory Declaration
The Statutory Declaration must be signed before a solicitor or commissioner of oaths. Take photo ID with you. There will be a fee payable of £5.[11]
Send the Statutory Declaration to the address on the template document by recorded delivery. Get a certificate of posting from the post office.
Keep all screenshots for your file.
[1] Contrary to Paragraph 12 of the Taking Control of Goods: National Standards, 6 April 2014
[2] Section 14 of the Magistrates Courts Act 1980
[3] Section 14(2) of the Magistrates; Courts Act 1980
[4] Section 14(1) of the Magistrates; Courts Act 1980
[5] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[6] Section 14(2) of the Magistrates; Courts Act 1980
[7] Paragraph 59(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] See: Serving a bailiff a Paragraph 59 Notice
[9] Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
[10] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
[11] Section 2 of the The Commissioners for Oaths (Fees) Order 1993
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