Court Fine Dispute Resolution
Summary
The user is disputing enforcement fees related to a court fine, citing the Magistrates Courts Act 1980 and the Fraud Act 2006. They argue that no costs order was made, and no goods were taken, thus no fees are due. They also claim a denial of a fair trial under Article 6 of the European Convention on Human Rights. The user requests written communication and cessation of enforcement action, proposing the case be returned to court for a fair trial.Full Conversation
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clauses * and * of said contract.
There is no contractual obligation between HMCTS and its commercial partners requiring me to pay your fees. The fine is disputed due to the court service's failure to adhere to proper procedures and denial of a fair trial under Article * of the European Convention on Human Rights.
Enforcement fees for execution of distress warrants for unpaid court fines have not been approved by Parliament. The perceived right of bailiff companies to recover fees by force from defaulters without court permission is unfounded.
According to Section *(*) of the Magistrates' Courts Act *, bailiffs commit an offence by "making an improper charge". Section * of the Fraud Act * states making a false representation to obtain a money transfer is an offence.
I am legally entitled to refuse fee payment, but not the fine, per section *(*) of the Courts Act *. A bailiff must initiate a civil action for his fees.
Consequently, your implied access to my property is revoked, and your enforcement contractor can't receive money or levy goods. The case can only be returned to court, where I will request a trial and present my defence.
I
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request written or durable form of communication to prevent misunderstandings.
COMPLAINT RESOLUTION
*. Cease enforcement action and return the case to the instructing court, refraining from further enforcement action.
Yours faithfully,
[YOUR NAME]
Enclosed: Copy of the bailiffs’ document received by post.
s a private principle home owned absolute lawfully a residence
It seems you're dealing with a complex legal matter. Could you please clarify if you're seeking information about your rights as a homeowner in the context of this complaint or if you have other specific questions?