Collectica Notice of Enforcement (NoE)

[Collecticasux]

Details:
My husband received a NoE from Collectica
Issued: 13Nov14
Owe Money To: HMCTS London SE & C
Amount: £745.00
Enforcement details: Acting under the TCE 2007 Warrant of Control Act for the offence of:
Fail To Give Information Relating To The Identific
Offence Date: 1Oct14
Liability Order Date: 11Nov14
Compliance stage fee: £75.00
Total sum outstanding: £820.00

What we have done so far:

1. My husband called Collectica, they said we failed to provide details of a driver and mentioned Lavender
2. Found via legalbeagles a post mentioning Lavender Hill Magistrates Court
3. Husband phoned last mentioned, told that:

1. 'Offence under section 173 (3) of the road traffic act' took place 29Apr14
2. (Fine we guess*^{see note at end}) was posted to 'X' (our old address, we moved Sept13)
3. Lavender Hill Magistrates Court said they would put everything on hold for 28 days in order for us to make a Statutory Declaration

Now, the facts are:

• DVLA had our new address, drivers license shows new address and was issued 19Sept13, so don't know why they posted it to the old address.
• 18Nov14 is the first we heard about the offence because of Collectica's letter through our letter box
• Still don't know what the assumed fine*^{see note at end} posted to our old address was related to as we never received it and neither Collectica nor Lavender Hill Magistrates Court can tell us what it was about

Question 1: I guess the next step is to contact our nearest Magistrates Court to submit a Statutory Declaration and have it signed to have the Distress Warrant legally recalled/cancelled (what I can put together with the info found on legalbeagle threads)?

Question 2: Do I need to obtain the genuine copy of the Magistrates Court Distress Warrant in order to make a Statutory Declaration? If yes, should I bother asking Collectica or how do I find the contact details for a HMCTS Senior Enforcement Manager? (not sure which HMCTS area this fall under as it may be London where we used to live or it may be Hertfordshire where we moved to)

Question 3: Can I find out what the presumed 'fine' was that was posted to our old address - do I obtain this from visiting a police station to they can check their records or do I need to contact the DVLA?

* ^{End Note: guessing it started off with a parking or speeding fine perhaps as that what comes up if I google 'Offence under section 173 (3) of the road traffic act'}

[ploddertom]

Re: Collectica Notice of Enforcement (NoE)

If you failed to give info regarding a driver the chances are this is for a moving traffic offence captured on camera and most likely will be for speeding. They have said to file a Stat Dec & this is all you need to do for now either at the originating Court or if you live a long way away then have arrangements made to do it at your local Court. This will wind everything back to the beginning if it is accepted and you start at the beginning - unless they decide to scap it.

[Sir Vere Brayne d'Emmidge]

Re: Collectica Notice of Enforcement (NoE)

The Magistrates Court would have sent all the originaol paperwork (Summons, order of payment, final steps notice) to the address the vehicle in question was registered at the time of the offence, which was probably months before 29/4/14.

One pertinent question you might be asked is: Did you have your post redirected? If yes: how long for, if no: why not?

If your Satat Dec will be accepted, you will still need to provide the Court with the name and address of the driver of the vehicle committing the offence, so look forward to a FPN and 3 points on that person's licence.

[wales01man]

Re: Collectica Notice of Enforcement (NoE)

In our local Court last week someone was fined with costs over 600 pounds for failing to notify .
Courts are clamping down tight on this offence for good reason I expect, If the OP knew nothing of the Fine take whatever steps they can to get it away from Bailiffs but remember as SIR VERE THEY MUST SAY WHO WAS DRIVING.

some Police forces are now using Speed guns that film the Offence and the Driver this will eliminate cases like this

[bluebottle]

Re: Collectica Notice of Enforcement (NoE)

In our local Court last week someone was fined with costs over 600 pounds for failing to notify .
Courts are clamping down tight on this offence for good reason I expect, If the OP knew nothing of the Fine take whatever steps they can to get it away from Bailiffs but remember as SIR VERE THEY MUST SAY WHO WAS DRIVING.

some Police forces are now using Speed guns that film the Offence and the Driver this will eliminate cases like this

I think you'll find the silly fines are more a case of JPs imposing disproportionate fines and following a rather nasty political agenda than clamping down on Failure to Notify offences, Wales. There are a number of pieces of legislation that are incompatible with Human Rights legislation which, although having a Declaration of Compatibility attached to them by a Secretary or Minister of State, are anything but compatible. The practice of issuing Fixed Penalty Tickets and telling a person if they don't agree to argue it out in court is unlawful, especially as the fine is increased if a challenge is made. The issuing of Fixed Penalty Tickets works on a presumption of guilt. A person is innocent until proven guilty before a court of law.

[wales01man]

Re: Collectica Notice of Enforcement (NoE)

If people DID NOT break motoring laws they would not get FPNs or appear in Court there are rules of the road that make it safe for all of us .The level of fines only affects those who do wrong As for Innocence those with a FPN can dispute it in a Court

[bluebottle]

Re: Collectica Notice of Enforcement (NoE)

You appear to have overlooked police corruption, Wales.

[wales01man]

Re: Collectica Notice of Enforcement (NoE)

Were you once a Copper? If you have evidence of corruption go to the authorities

[bluebottle]

Re: Collectica Notice of Enforcement (NoE)

Were you once a Copper? If you have evidence of corruption go to the authorities

You don't appear to be aware of just how corrupt the police service has become, Wales. The decent, honest coppers who are still in the job are trying their hardest to expose those who are corrupt. Also, documents have come to light which show the Association of Chief Police Officers (ACPO) have signed Memoranda of Understanding with various bodies which are contrary to the public good and the equitable administration of justice. However, factions within government have done their utmost to keep these Memoranda under wraps up until now. Now that these Memoranda are being uncovered, expect the proverbial to hit the air conditioning.

[wales01man]

Re: Collectica Notice of Enforcement (NoE)

I would hope so and those suspected are taken to trial and if Convicted serve time

[bluebottle]

Re: Collectica Notice of Enforcement (NoE)

Those guilty of corruption and perverting the course of justice will face justice whatever, Wales. The decent, honest coppers, supported by members of the public, will ensure it happens.

[Sir Vere Brayne d'Emmidge]

Re: Collectica Notice of Enforcement (NoE)

Those guilty of corruption and perverting the course of justice will face justice whatever, Wales. The decent, honest coppers, supported by members of the public, will ensure it happens.

It reminds me of something that happened over 30 years ago (oh those were the days!)

At the time I was a serving Officer with Kent's Finest in the Traffic division when one fine sunny summer day, and off for the next 3 days, I decided to go to Arundel to have a look at the Castle and such.

Being a motorcyclist at heart, and loving all those bendy A roads between Kent and Sussex, I got in the saddle of my Ducati MHR, and roared off in the early ours of Sunday.

As I was approaching half of the journey, just before Hastings, on the A259, there is a village, called Guestling Green, where the road speed dropped down to 40mph, and although I was doing far less than that I found myself behind a Police car, travelling around 15/20 mph, because 4 cars further up there was a tractor pulling a trailer. I remember thinking to myself...If I were at work I would pull the tractor up for three reasons, it just passed a layby without allowing faster traffic through, did not have a number plate or light board on the trailer and there was no yellow beacon to be seen.

However, soon out of the 40mph restriction, the farmer turned into a field and whooppee, off I go.

Must say that because there was a bend coming up the road markings were two white lines, solid to the left (as one looked at it) broken to the right, but since the road was rather wide.....one could thell that at one time it had a suicide lane in the middle.....my wheels never crossed the solid line, especially not whilst overtaking a Sussex colleague.

A few minutes later, travelling around 60mph, as I glanced in the mirror I could see a set of blue lights flashing, thought to myself the boys got a shout, and carried on without a second thought, until the blue ligths slowed down and a far too familiar two tone claxson rang in my ears.

Quickly I came to a stop (possibly far too quick because I heard the screeching of tyres behind me), set the bike on its side stand and started to take my gloves off to better undo the helmet buckle.

4 officers, non traffic, piled out of the car in quick succession, more or less sorrounded me as the driver asked me "Are you trying to be funny sonny?"

That approach slightly peeved me off for a couple of reasons, firstly, age wise, I could have been his father, secondly, no matter how old, young, or gender/colour/creed, I always addressed my collars with Sir and Madam.

To cut a long story short the boy decided to report me to Court for crossing a single white line as I was unlawfully overtaking traffic on a bend, possibly by breaking the speed limit as well. I never revealed my profession to the young man and waited with anticipation for the summons.

On the day of the hearing I turned up in Court in full Regulation Black Leathers, with stripes and numbers on the shoulders, having just delivered some paperwork for the CC of Sussex from his counterpart in Kent. You should have seen the face the prosecuting Sargeant put on when I identified myself to the Court and pleading not guilty.

At the end of the hearing the Magistrates addressed my ruffled Sussex colleague and told him to have a quiet word with some of his officers and stop inventing non existing offences.

[Milo]

Re: Collectica Notice of Enforcement (NoE)

Now, the facts are:

• DVLA had our new address, drivers license shows new address and was issued 19Sept13, so don't know why they posted it to the old address.
• 18Nov14 is the first we heard about the offence because of Collectica's letter through our letter box
• Still don't know what the assumed fine*^{see note at end} posted to our old address was related to as we never received it and neither Collectica nor Lavender Hill Magistrates Court can tell us what it was about

Question 1: I guess the next step is to contact our nearest Magistrates Court to submit a Statutory Declaration and have it signed to have the Distress Warrant legally recalled/cancelled (what I can put together with the info found on legalbeagle threads)?

Question 2: Do I need to obtain the genuine copy of the Magistrates Court Distress Warrant in order to make a Statutory Declaration? If yes, should I bother asking Collectica or how do I find the contact details for a HMCTS Senior Enforcement Manager? (not sure which HMCTS area this fall under as it may be London where we used to live or it may be Hertfordshire where we moved to)

Question 3: Can I find out what the presumed 'fine' was that was posted to our old address - do I obtain this from visiting a police station to they can check their records or do I need to contact the DVLA?

In answer to your above three questions...yes, you need to file a Statutory Declaration and you will need to contact your LOCAL magistrates court and they will make an appointment for you.

No....you do not need to have a copy of the warrant. This is not a requirement at all.

On the third question, you seem to already have sufficient information on the fine from speaking with Lavender Hil.l

Reading your post again, you say that DVLA already had your new address in 2013 from your driving licence. In fact, the address where notices would be sent would not originate from the driving licence at all......it would be from the V5c ar registration document !!!

This could explain the reason why you had not received any notices.

Before drafting the stat dec can you check whether you changed the address on the V5 and post back.

[bluebottle]

Re: Collectica Notice of Enforcement (NoE)

It reminds me of something that happened over 30 years ago (oh those were the days!)

At the time I was a serving Officer with Kent's Finest in the Traffic division when one fine sunny summer day, and off for the next 3 days, I decided to go to Arundel to have a look at the Castle and such.

Being a motorcyclist at heart, and loving all those bendy A roads between Kent and Sussex, I got in the saddle of my Ducati MHR, and roared off in the early ours of Sunday.

As I was approaching half of the journey, just before Hastings, on the A259, there is a village, called Guestling Green, where the road speed dropped down to 40mph, and although I was doing far less than that I found myself behind a Police car, travelling around 15/20 mph, because 4 cars further up there was a tractor pulling a trailer. I remember thinking to myself...If I were at work I would pull the tractor up for three reasons, it just passed a layby without allowing faster traffic through, did not have a number plate or light board on the trailer and there was no yellow beacon to be seen.

However, soon out of the 40mph restriction, the farmer turned into a field and whooppee, off I go.

Must say that because there was a bend coming up the road markings were two white lines, solid to the left (as one looked at it) broken to the right, but since the road was rather wide.....one could thell that at one time it had a suicide lane in the middle.....my wheels never crossed the solid line, especially not whilst overtaking a Sussex colleague.

A few minutes later, travelling around 60mph, as I glanced in the mirror I could see a set of blue lights flashing, thought to myself the boys got a shout, and carried on without a second thought, until the blue ligths slowed down and a far too familiar two tone claxson rang in my ears.

Quickly I came to a stop (possibly far too quick because I heard the screeching of tyres behind me), set the bike on its side stand and started to take my gloves off to better undo the helmet buckle.

4 officers, non traffic, piled out of the car in quick succession, more or less sorrounded me as the driver asked me "Are you trying to be funny sonny?"

That approach slightly peeved me off for a couple of reasons, firstly, age wise, I could have been his father, secondly, no matter how old, young, or gender/colour/creed, I always addressed my collars with Sir and Madam.

To cut a long story short the boy decided to report me to Court for crossing a single white line as I was unlawfully overtaking traffic on a bend, possibly by breaking the speed limit as well. I never revealed my profession to the young man and waited with anticipation for the summons.

On the day of the hearing I turned up in Court in full Regulation Black Leathers, with stripes and numbers on the shoulders, having just delivered some paperwork for the CC of Sussex from his counterpart in Kent. You should have seen the face the prosecuting Sargeant put on when I identified myself to the Court and pleading not guilty.

At the end of the hearing the Magistrates addressed my ruffled Sussex colleague and told him to have a quiet word with some of his officers and stop inventing non existing offences.

Sussex Police seem to have a irritating habit of inventing offences and protecting those committing offences and prosecuting victims of offences. They did that in R -v- Tucker [2012] and the appeal judge, the most senior judge on the South Eastern Criminal Circuit, wiped the floor with them and the CPS.

The Ducati MHR was a nice bike. One of the forces I served with used Triumph Tigers, then replaced them with Norton Interceptors. A lot of police forces who trialled the Norton Interceptor agreed it was the ultimate police motorcycle. If only Norton could have solved the issue of wear with the rotary piston, BMW would have had serious competition for supplying police forces with their motorcycles.

[Sir Vere Brayne d'Emmidge]

Re: Collectica Notice of Enforcement (NoE)

Sussex Police seem to have a irritating habit of inventing offences and protecting those committing offences and prosecuting victims of offences. They did that in R -v- Tucker [2012] and the appeal judge, the most senior judge on the South Eastern Criminal Circuit, wiped the floor with them and the CPS.

The Ducati MHR was a nice bike. One of the forces I served with used Triumph Tigers, then replaced them with Norton Interceptors. A lot of police forces who trialled the Norton Interceptor agreed it was the ultimate police motorcycle. If only Norton could have solved the issue of wear with the rotary piston, BMW would have had serious competition for supplying police forces with their motorcycles.

We had a couple of "septics" in Canterbury, handled even better than the R80 with much more "gumph", unfortunately, as you say, they were the worksops' nightmare, hence the septic nickname