Sue the HMCTS?

[danny7147]

Briefly, I want to seek financial remuneration for a paperwork error that occurred recently and ended up costing me a lot of money... here's the outline.

My wife is being prosecuted for failing to have a TV Licence... this is in the long ago, but due to a series of errors, a stat dec and two additional reopenings it's only just seeing light of day.

It was meant to be heard back at the end of August, but she received a letter through confirming adjournment until the end of this month. At the start of August we had a huge standoff, Police called, with a bailiff attending threatening to remove our goods. This incident was at our residential address where our business is also conducted from.

The incident directly led to a mass downturn in profits for the next three week period, as well as a large dent in our reputation that we still haven't fully recovered from. It's plain to see from our books that where before this incident we were taking £600-£800 a week, for the three week period after this incident it plummeted to little over £200.

Now, to answer potential questions:-

1. What type of business would suffer an impact like that?

We run a taxi company. Around 3/4 of our work is passing trade and the local population. It was this element of our trade that it killed.

2. Why would HMCTS be to blame?

The bailiff only finally left (after a duration of around 40 minutes) after getting confirmation that the case had indeed been adjourned. The Police confirmed that the bailiff held a live warrant, but this warrant was issued in error. After calling the Enforcement Dept of the Magistrates Court concerned, they finally traced the problem to the Magistrates Court not informing that an adjournment had taken place. This wasn't a surprise, as it's lack of paperwork that has led to the case being reheard four times.

3. Have you tried complaining?

This particular Magistrates Court have been about as much use as a chocolate teapot. After lodging a formal complaint we received a "brush off" stating that they could find no evidence of maladministration. This matter has since been progressed to the PHSO via our MP. Other errors included in this complaint include no means test ever being conducted prior to court proceedings, and equally no contact (via letter or any other means) informing us that a court decision had been made on any of the previous occasions, allowing us no opportunity to pay any fine issued before bailiff action took place.

So, that's the story. I'm not particularly concerned about advice regarding the complaint, I'm more concerned that our business took an approximate "hit" of around £1200 due to the Magistrates Court failing to inform their own enforcement department that the case was postponed leading to a live warrant being issued in error.

Any opinions would be appreciated!

[danny7147]

Re: Sue the HMCTS?

Just realised after that that I didn't actually ask my question!

Do I sue HMCTS, or do I sue the Magistrates Court concerned?

[Milo]

Re: Sue the HMCTS?

Other errors included in this complaint include no means test ever being conducted prior to court proceedings, and equally no contact (via letter or any other means) informing us that a court decision had been made on any of the previous occasions, allowing us no opportunity to pay any fine issued before bailiff action took place

For your wife to have been fined she should have received a visit from a TV enquiry agent (an employee of a private company called Capita Ltd).

She should then have received a summons and with it...a Means Enquiry Form. The summons would allow her to enter a plea (guilty or not guilty) and if she pleads not guilty, her case would be listed for a hearing and she would be required to attend.

If she had entered a plea of guilty the court would take into consideration the information provided by her on the Means Enquiry Form when setting the fine and the repayment terms.

If she failed to provide her means or enter a plea then the fine would have been issued in her absence and the court would be guided by the Sentencing Council as to the level of fine.

If your wife had submitted a plea, or Means Enquiry Form and these were not received by the court then she is permitted to file a Statutory Declaration. she can also file a Statutory Declaration if she had not received a summons.

The position that you have now is that a hearing for a Statutory Declaration is due to take place later this month. New regulations have recently been imposed regarding Stat Decs and this provides that once a stat dec is agreed a new hearing should take place as soon as possible. This will be for TV Licensing to pursue.

Before even considering taking legal action you need to await the response from the Parliamentary Ombudsman's office.

Have you checked to see what address the court had been sending notices to? The address would have been provided by the TV Enquiry Agent.

To have one notice going astray is commonplace but to have three notices going astray is almost unheard off. She should have received a Summons followed by a Notice of Fine/Collection Order. Finally, before a warrant can be issued there is a legal obligation for the court to then send a final notice called a Further Steps Notice.