Court fines, HMCTS Historic Debt team.

You received an unexpected demand about an old court fine.

HM Court Service introduced a policy in 2017 reviving old unpaid court fines and started tracing debtors to recover them.

If you received an unexpected demand about a fine you knew nothing about, the law says the proceedings are invalid. Section 14 of the Magistrates Courts Act 1980 states:

14 Proceedings invalid where accused did not know of them.

(1)Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—

(a)the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and

(b)within 21 days of that date the declaration is served on the designated officer for the court, without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.

(2)For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

(3)If on the application of the accused it appears to a magistrates’ court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in subsection (1) above within the period allowed by that subsection, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.

 

Using the following template, make a statutory declaration. It must be sworn before a solicitor (fee usually £5) and take photo ID with you. Send it to the following address by RECORDED DELIVERY.

BY RECORDED DELIVERY
A designated officer of the court
Historic Debts team
Port Talbot Justice Centre
Harbourside Road
Port Talbot
SA13 1SB

The enforcement ends. The fine is quashed and you no longer owe £310 bailiffs fees.

Note: The court service may re-summon you at your current address to answer the information again. You can defend the allegation because the evidence and the witnesses may no longer be available to bring your prosecution.