Do you have to go to a Magistrates' Court to make a Statutory declaration?

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Falcon
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#1 Do you have to go to a Magistrates' Court to make a Statutory declaration?

Post by Falcon » 01 Feb 2018 12:45

Hello,

I am wondering if you have to go to a Magistrates' Court to make a Statutory declaration under section 14 of the Magistrates' Courts Act 1980 and who can witness it?

In response to a letter from Collectica out of the blue, informing me that HMCTS London SE & C had taken out a court against me, I filled out a Statutory Declaration under section 14 of the Magistrates' Courts Act 1980 using the form downloaded from here https://www.justice.gov.uk/courts/proce ... 01-eng.pdf. I had it witnessed, signed and stamped by a solicitor. I then posted it by Recorded Delivery to the London Collection and Compliance Centre and the Bromley Magistrates’ Court, as well as emailing electronic copies to their respective email addresses.

However, I have just now received an email from Bromley Magistrates’ Court telling me that it is no good because I need to make the declaration at my local Magistrates’ Court and must attend in person to make the declaration. They also said that I did not note down the new case number, but I thought this was for the court to do?

Is this email correct?

Kind regards,
Falcon

Here is the email in full:

"Dear Mr X

If you were unaware of the court proceedings and did not receive the court summons/ single justice procedure, you may be entitled to make a Statutory Declaration. However, please note that you only have 21 days from the date you first became aware of the proceedings to make a Statutory Declaration. If the court decides that it was not reasonable to expect you to make the declaration within this period, it may accept a late declaration made ‘Out of time’.

You can make a declaration at your local Magistrates’ Court and must attend in person to make the declaration. It cannot be done in your absence. Please contact your local Magistrates’ Court to make a prior appointment.

If you make a declaration which you know or believe to be untrue, you could be convicted of perjury, a criminal offence punished with imprisonment of up to two years.

Any financial impositions and penalty points remain valid and enforcement of financial impositions will continue until a declaration has been made.

Please be advised that in order to apply for a valid Statutory Declaration, this has to be booked at your local Magistrates Court or at a Solicitor’s.
The attached form does not have a Magistrates’ Court stamp or a new case number and is not signed by a Magistrates.


Kind regards

Judith Hope
Admin Officer
South East London Justice Area | HMCTS | Bromley & Bexley Magistrates Court | 1 London Road | Kent | BR1 1RA
Phone: 0208 437 3585
Web: www.gov.uk/hmcts"

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Pote Snitkin
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#2 Re: Do you have to go to a Magistrates' Court to make a Statutory declaration?

Post by Pote Snitkin » 01 Feb 2018 14:36

This is something the courts countinually try to do. Reply with the following:
Dear Judith Hope,

Following from your recent email, you have said that I must attend the court to serve a statutory declaration. However the legislation that governs serving a statutory declaration is the Magistrates Court Act 1980 section 14 which 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.


Your email has acknowledged receipt of the statutory declaration and legislation now deems it served. Any policies or procedures the court has in place cannot supercede the relevant legislation.

I cannot provide a new case number as I have not been informed of one.

Please can you advise as to when the new hearing will now take place.

Yours sincerely,

xxxxxxxx
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

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Schedule 12
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#3 Re: Do you have to go to a Magistrates' Court to make a Statutory declaration?

Post by Schedule 12 » 01 Feb 2018 14:40

That's a good letter. Did you make that up?

Add the following line:

  • I cannot enter a plea because I have not seen the information laid before the court.


delete the following line:

  • Please can you advise as to when the new hearing will now take place.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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#4 Re: Do you have to go to a Magistrates' Court to make a Statutory declaration?

Post by Pote Snitkin » 01 Feb 2018 14:56

Schedule 12 wrote:
01 Feb 2018 14:40
That's a good letter. Did you make that up?
No, I found it sewn on a leaf in a pixie bush.

:mrgreen:
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

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Schedule 12
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#5 Re: Do you have to go to a Magistrates' Court to make a Statutory declaration?

Post by Schedule 12 » 01 Feb 2018 15:25

Yeh, a pixie bush is a good place to find bailiff templates.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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Pote Snitkin
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#6 Re: Do you have to go to a Magistrates' Court to make a Statutory declaration?

Post by Pote Snitkin » 01 Feb 2018 15:33

I think you're setting yourself up for one there....
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

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