Old fine from Historic Debt Team

[G Wood]

Hi guys, I received a letter this morning say I owed nearly £500 for an unpaid train fine from 2010.

This problem here is I never received any paperwork at the time for the fine. I know this as I this was the second time I was caught and I know for sure that I paid the first time as I remember receiving a letter in the post and paying for it.

The second time nothing arrived. I forgot all about it. Until this morning. It said that I had "failed to make payment as directed"- but I haven't been directed. I haven't had ANY issue of a fine. I know for sure I would have paid the fine at the time as evidenced by the fact I paid the first time.

Where do I stand? I've already disputed it through an email. How can I pay a fine I never received let alone have it accumulate without any further warnings?

 

[najaB]

Hi guys, I received a letter this morning say I owed nearly £500 for an unpaid train fine from 2010.

Is this for a court fine, or an amount requested from the train company?

 

[G Wood]

Court fine, I guess. No mention of train company on the letter. I actually have no idea as the woman on the phone gave me a gov email address to protest it.

 

[MotCO]

Is there a staute of limitation which applies here? I.e. can debts over 6 years old be pursued?

 

[najaB]

Court fine, I guess. No mention of train company on the letter. I actually have no idea as the woman on the phone gave me a gov email address to protest it.

Right, that sounds like it is a court fine. Are you sure that you didn't do the deed?

Is there a staute of limitation which applies here? I.e. can debts over 6 years old be pursued?

Court fines can, I believe.

 

[G Wood]

Oh I'm sure I did the deed. I just didn't get any paperwork in regards to the fine. I waited and waited and nothing came.

 

[najaB]

Oh I'm sure I did the deed. I just didn't get any paperwork in regards to the fine. I waited and waited and nothing came.

Okay. That makes life a bit simpler. Make a statutory declaration to the effect that you weren't aware of the prosecution*, plead guilty and pay the fine you would have paid at the time.

*Please be aware: a false declaration would leave you liable to a perjury prosecution which could carry a custodial sentence on conviction.

 

[G Wood]

How exactly would I do this?

 

[najaB]

How exactly would I do this?

Contact the court that issued the fine within 21 days of becoming aware of the prosecution. Ask to speak with the registrar in order to make a statutory declaration. They will require you to attend and make the declaration and enter a plea.

 

[G Wood]

There is no mention of which court issued the fine on this letter. I guess I will have to wait for a reply from my protest email.

 

[30907]

Google "historic debt team" and you will find some useful links and similar stories.

 

[ainsworth74]

Is there a staute of limitation which applies here? I.e. can debts over 6 years old be pursued?

If the matter was civil and hadn't gone to court then it could have been statute barred via the Limitations Act. However as it was criminal and has been to court there is no limitation available and the debt is owed (there is a time limit on when they could lay the paperwork at the court to start the prosecution but obviously that doesn't apply here as they've been to court and won!).

One thing I would suggest before going for the statutory declaration to have the matter reset would be to consider getting a breakdown of what the £500 is made up of from HMCTS (if the paperwork you've now got didn't include it). If there are no fees attached to that yet then it might be worth simply paying as going to the statutory declaration route may well not save you very much as I would presume the main reason you're after getting the matter reset is to get rid of any fees that have been added?

 

[ForTheLoveOf]

There is no mention of which court issued the fine on this letter. I guess I will have to wait for a reply from my protest email.

Make sure you don't exceed 21 days - if you do, all bets are off as that is a strict deadline for making the statutory declaration. Phone the Historic Debt Team again and ask to find out which Court the fine relates to.

 

[najaB]

If there are no fees attached to that yet then it might be worth simply paying as going to the statutory declaration route may well not save you very much as I would presume the main reason you're after getting the matter reset is to get rid of any fees that have been added?

It might if the OP is of limited means since the fine would be based on their actual rather than presumed income.