We have years of experience helping people to stop bailiff action and remove bailiff fees in connection with Magistrates’ Court fines. We can do this by having your case reopened and can assist you in making an application to reopen your case as well as to Stop Bailiffs or Enforcement Officers. Recent cases e.g. “Groarke v Fontaine”, presiding Judge Sir David Eady applied the relevant Mitchell principles and stated that the court was able to be flexible given that a changing defence wasted no court resources and inconvenienced no other court users.
In the case of Engel v Netherland the Court set out 3 criteria for determining criminal “charges” and meaning of criminal classification of the offence in the law of the respondent state, b) the nature of the offence; c) the possible punishment. In Funke v France it states that if the contracting state classifies the act as criminal, then it is automatically so for the purposes of article 6. Most cases in Magistrates’ Court are criminal nature and fall within the scope of Human Rights. Therefore, making a good application will always ensure your case is re-opened. Once your application is accepted, the original proceedings, conviction and/or sentence will be set aside (become void). Following the case being re-opened and your fines/penalties quashed, the Court will remove any bailiff fees and the case starts from the beginning.
A Magistrate Court fine relates to a criminal offence and typically, will be for such offences as follows:
Driving a vehicle without valid road fund licence or MOT.
Failure to provide driver identity.
Using a TV without a valid TV license.
Driving in excess of the legal speed limit.
Failing to pay a train fare.
Using a mobile phone whilst driving.
We provide bailiff advice and help to remove bailiff fees.
Contact us on 0113 858 0098 for advice and preparation of the application.