Court Fines and Section 14 Statutory Declarations

If you have been made aware of a court fine that you had not previously known about, (usually because all correspondence had been sent to a previous address), you can apply to the Magistrate Court for the conviction to be voided.  You would need to complete a Section 14 Statutory Declaration. This page is all about Court Fines and Section 14 Statutory Declarations and we hope it will assist you.

We receive many enquiries from the public about a letter or visit from an enforcement company (in particular; Marston Recovery, CDER Group, Excel Enforcement etc) or receipt of a Further Steps Notice that they had not known about. Usually, the reason had been because all correspondence from the court had been sent to a previous address. This is a very common problem indeed and in particular; with road traffic offences such as speeding etc. This is usually because a driving licence or log book (V5C) had not being updated with DVLA following a change of address. In most cases, the fine would have been issued under the Single Justice Procedure (SPS), in which case this page from our website should also assist you.

How can I correct this mistake?

If you had no prior knowledge of the court fine (and conviction),  then you can make an application to the Magistrates Court for a Section 14 Statutory Declaration. If accepted, the warrant of control will be revoked and the original conviction voided. It is  important to be aware that a Statutory Declaration will not cancel the initial charge against you. That remains valid (see below).

Is there a time limit to file a Statutory Declaration?

Yes there is. An application for a  Section 14 Statutory Declaration must be made within 21 days of you becoming aware of the court fine or conviction.  Usually, this period of time would be from the date that you obtained details of the case against you from the court following receipt of a letter or personal visit from a bailiff/enforcement company or receipt of a Further Steps Notice.

Will the court accept a  Section 14 Statutory Declaration after 21 days 

There is a possibility of the Magistrate Court accepting Section 14 Statutory Declaration after  a period of 21 days. You will be required to outline on your Statutory Declaration form a suitable reason for your  delay. The Magistrate or Fines Officer will consider the reason given and may or may not accept your Statutory Declaration.

What information will I need before I apply for a Section 14 Statutory Declaration?

Before you can even consider whether a Section 14  Statutory Declaration is appropriate, you will need to find out what the fine related to…..which court convicted you…..and the case reference number etc. Most importantly, you would need to find out whether or not the conviction had been tried under what is called the Single Justice Procedure (SJP). Almost 70% of fines relate to prosecutions brought by TV Licensing, and the Driver & Vehicle Licensing Agency (DVLA) etc and relate to minor  summary only, non imprisonable offences. As such, these proceedings would have been brought under the Single Justice Procedure as outlined in this page of our website.

How do I find out about the Magistrates court fine?

If you only became aware of a Magistrate Court fine after receiving a Further Steps Notice, then this page from our website should assist you.  In most cases, a fine will have been imposed by way of the Single Justice Procedure. If so, you would need to obtain the case information by contacting the Court & Tribunals Service Centre either by phone (0300 303 0656) or by email to: sjs@justice.gov.uk. If sending an email, you will need to provide your full name, date of birth, address and possibly a previous address (if you had recently moved address)

If you experience difficulty with obtaining details of the court fine, then please feel free to contact us as we have a great deal of experience with these applications and should be able to assist you.  Our contact details can be found below.

Which  court do I need to apply to for a Section 14 Statutory Declaration?

As is usually the case, the fine would have been issued under the Single Justice Procedure (SJP). In which case, you will receive full instructions in the response from the Courts & Tribunal Service Centre as outlined above.

The Magistrate Court want me to attend the Statutory Declaration hearing in person.

This is normal procedure. It is  important to be aware that while a Section 14 Statutory Declaration will revoke the conviction against you, it will not affect the original charge in any way. Accordingly, the way in which Magistrates Courts address Section 14  Statutory Declarations has undergone significant changes in the past couple of years. The position now, is that wherever possible, the court are required to re-hear the case against you as soon as possible and in almost all cases, this will be done at the same time as the court consider your Section 14 Statutory Declaration. It is vitally important that you attend the hearing.

What will happen at the Statutory Declaration hearing?

This depends on whether you had advised the court of your intention to plead guilty or not guilty to the initial charge against you. The Magistrate will first consider your Statutory Declaration and; if you had indicated your intention to plead guilty; the case against you will be heard at the same time. A guilty plea should attract a one third reduction in the new fine. Your income will be taken into consideration when setting the level of fine. In this respect, you will be required to complete a Means Enquiry Form/Statement of Assets ( MC100).

I want to plead ‘not guilty’ to the offence.

If you wish to plead not guilty to the initial charge, then it is important to be aware that the Magistrate will deal with the application for a Statutory Declaration first and will then re-list the case for a new trial as soon as possible. You will therefore be required to attend the Magistrates Court for a hearing. A representative from the prosecution (TV Licensing, DVLA, Police etc) will also be in attendance.

By entering a plea of ‘not guilty’ you will not be eligible for the one third discount in any new fine. This discount is only applicable  in cases where an ‘early’ guilty plea has been entered (and a trial avoided).

I have a TV Licence Court Fine, can I plead not guilty?

No, not usually. This is because; a conviction for TV  licence evasion would not be possible unless you had received a personal visit to your home from a  TV Licence Enquiry Agent Court and during the interview, you had signed in his presence, a ‘Prosecution Statement’ form (TVL 178) confirming the length of time that you had been viewing a TV without a licence. A copy of your signed statement (TVL 178) should have been provided by TV Licensing when issuing the Single Justice Procedure Notice.

Where can I find a Section 14 Statutory Declaration form?

A copy  of the Section 14 Statutory Declaration can be viewed here.

I need help with my Section 14 Statutory Declaration

A section 14 Statutory Declaration is a very important applications indeed and can be daunting for members of the public who is most cases; have never before appeared in court. We have significant experience with these applications. If you have any queries at all, please contact us.

 

Commentary from Bailiff Advice Online

This page was updated on 3rd January 2025. If you have received a letter or visit from  an enforcement company (possible Marston Recovery, CDER Group or Excel Enforcement) or have received a Further Steps Notice in relation to a court fine that you had not known about, or if you have any query whatsoever about  Statutory Declarations, you can email a question to us using our online Enquiry Form.  Alternatively, you can contact our free helpline. Details are here.

Our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.

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