Historic Fine

[noteibbor]

Hi

A few days ago I received a letter from HM Courts Service staring I owe £500 for a historic fine at Bolton magistrates in 2014.

The letter is addressed to me but contains a completely different surname, this is the first I have heard of this incident.

I called HMCTS who advised me that this relates to a fare evasion prosecution brought by Northern in 2013, and they advised to make a statutory declaration, which I will do tomorrow, however I’ve been told I have to enter a guilty or not guilty plea.

I have no recollection of the incident and I’ve seen no evidence, this letter from HMCTS was the first I’ve heard of it.

Can anyone offer some advice?

Thank you.

 

[Puffing Devil]

The letter is not addressed to you if it has the wrong surname.....

Assuming you are Mr/Ms/Mrs Noteibbor, is the name on the letter yours or that of another, say Mr Smith?

 

[noteibbor]

Hi,

Yes the first name is correct but the surname isn’t.

 

[Gareth Marston]

Then you can easily proof that it is you that lives there and not the person that the letter is addressed to........

 

[Puffing Devil]

Indeed - this is not your fine. Return to sender marked "Not known at this address". Do the same for any further letters addressed to the same surname.

Unless, of course, we're talking about a letter or two difference, then you may need to be more proactive.

 

[falcon]

Hi,

Yes the first name is correct but the surname isn’t.

Don't you have bin in your house? one has to wonder why you would not just bin it straight away? why go anywhere near courts for a letter that is not addresed to you!

Also how do you know the name on the letter is the wrong name and it's not in actual fact the address on the envelope that is wrong?

Be careful what you do if you go to the courts, asp if it means making oaths, and a plea!

 

[Llanigraham]

Don't you have bin in your house? one has to wonder why you would not just bin it straight away? why go anywhere near courts for a letter that is not addresed to you!

Also how do you know the name on the letter is the wrong name and it's not in actual fact the address on the envelope that is wrong?

Be careful what you do if you go to the courts, asp if it means making oaths, and a plea!

Bad advice!!
All that would happen in that case would be that the case would be heard without a defendant being present, probably found guilty, and the Court could push for even more action.
Proper advice is to return the letter to the Court marked as "Not Known at this Address", or even better returning it with a covering letter explaining the facts.

 

[falcon]

Bad advice!!
All that would happen in that case would be that the case would be heard without a defendant being present, probably found guilty, and the Court could push for even more action.
Proper advice is to return the letter to the Court marked as "Not Known at this Address", or even better returning it with a covering letter explaining the facts.

It would not be heard in his absence because it is not a summons and the letter is not in his name so nothing at all can be done to him at all.
Nothing what so ever, the documentation has to be in his name.

Just throw it in the bin.

 

[island]

Why did you open post that wasn’t addressed to you?

 

[farleigh]

Are you not allowed to do that?

 

[Llanigraham]

It would not be heard in his absence because it is not a summons and the letter is not in his name so nothing at all can be done to him at all.
Nothing what so ever, the documentation has to be in his name.

Just throw it in the bin.

I suggest you read the opening post again.
This has already gone to Court so getting no further response to Court correspondence could result in a further hearing and further acton against the poster, even as far as an arrest warrant for unpaid fines.

Your advice on this matter is incorrect and poor.

 

[Llanigraham]

Are you not allowed to do that?

Technically, you should not open any post delivered to you in the wrong name. It should be returned to the sender suitably marked or with a covering letter.

 

[Darandio]

Why did you open post that wasn’t addressed to you?

Are you not allowed to do that?

It's often stated that you just aren't allowed to full stop, it isn't the case.

http://www.legislation.gov.uk/ukpga/2000/26/section/84/enacted

A person commits an offence if intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”

If it is clear on the envelope before opening that this letter was from the court and addressed to the address of the OP, there is certainly a 'reasonable excuse' to open the letter in order to try and resolve the situation.

 

[Clip]

It would not be heard in his absence because it is not a summons and the letter is not in his name so nothing at all can be done to him at all.
Nothing what so ever, the documentation has to be in his name.

Just throw it in the bin.

Its worth noting that this is not a summons at all its a letter from the HMRC for a fine that has already been issued in 'someones' absence at court for an incident a while back.


The OP please don't take the advice of throwing it in the bin - you need to speak with HMRC and the courts to find out whats gone on here as the name on the letter may just have been a mix up by the HMRC and it could well be you after all.

Whilst this may take your time I cannot stress how important it is that you DO engage with HMRC to clear this up

 

[najaB]

It would not be heard in his absence because it is not a summons and the letter is not in his name so nothing at all can be done to him at all.
Nothing what so ever, the documentation has to be in his name.

As above, it depends on how different the name is - if it's only a letter or two difference, or a homonym (e.g. Smith vs Smythe) then the OP needs to act positively to ensure that this goes no further.

 

[Puffing Devil]

As above, it depends on how different the name is - if it's only a letter or two difference, or a homonym (e.g. Smith vs Smythe) then the OP needs to act positively to ensure that this goes no further.

Yes - an important point. To be clear from my example and build on najaB's:

Mr Noteibbor and addressed to Mr Smith, no issues.
Mr Noteibbor and addressed to Mr Moteibbor, or Mr Noteibore, then you should be looking at making a Statutory Declaration.