Kettering man's relief as Covid fine nightmare finally comes to an end

A Kettering man who was taken to court over a Covid fixed penalty notice he had already paid says he’s relieved his ‘nightmare’ is over.

Ben Morley was told he would not have a criminal record when he paid the £100 charge as an alternative to prosecution after police spotted him breaching Tier 4 rules in 2021.

Later that year he received a letter telling him his bill was now £574 after a private court hearing and, after sending proof that he had paid the original fixed penalty notice (FPN), he was stunned when he was sent another letter two years later saying that further steps would be taken to recoup the money.

But, after twice going to court to have the bigger fine reversed and after the Northants Telegraph intervened, the case was withdrawn.

Ben said: “I was getting sick of it and it was getting me down. I’m just relieved to be honest.

“It was just pure stress.”

Ben was caught breaching Coronavirus regulations by a police officer at the town’s Asda car park in February 2021. He had driven to hand a PlayStation 4 controller to a friend – not leaving his car – which was banned by Tier 4 restrictions imposed on Northamptonshire after a surge in Covid cases.

He admitted that he shouldn’t have done so and paid the FPN when he received it in May. Ben then received a letter from the ACRO Criminal Records Office confirming that the payment had been received, that the FPN had been settled and that it meant it would not result in a criminal record.

But later that year, in November, the 24-year-old received a notice of fine and collection order, saying he now had to pay a total of £574 – a fine of £440, costs of £90 and a surcharge to fund victim services of £44.

Ben said: “I just didn’t get it – I’d already paid the FPN like I was told to months earlier.”

Court records show he had been prosecuted for not paying the FPN under Single Justice Procedure (SJP) – a type of hearing held in private with just a single magistrate advised by a professional lawyer and no prosecutor or defendant present, designed to save court time – and that the case was found proven.

Those being prosecuted under SJP – a system which has been criticised amid calls for reform – should receive a notice with their charge and guidance on what steps to take, including their right to a lawyer, with the option to plead guilty by post or online or ask for a court hearing. Ben insists he did not receive this.

The notice of fine he received in November 2021 warned him that failure to pay would make him liable for further enforcement action including deductions from his earnings or a warrant for his arrest – telling him that he could be jailed if his fine remained outstanding after sanctions had been imposed.

An email seen by the Northants Telegraph showed that, when he queried it and sent proof that he had paid the FPN, a fines officer told him his query had been sent to the admin department to look into and that, in the meantime, his account had been put on ‘no enforcement’ until it was resolved.

Ben said: “I didn’t hear anything after that.

"I thought they’d realised they’d made a mistake and that was that – I’d sent them a screenshot of the transaction as proof.”

But two years later he was sent another letter telling him further steps were being taken because he hadn’t paid up – again with the threat of prison if he didn’t settle his account.

He said: “They had all of the evidence. I’d shown them the receipt of it coming out of the bank account and a copy of the letter telling me it had been paid.

"It was just draining.”

At this point he applied to have the court case reopened and went to Northampton Magistrates’ Court just before Christmas, where it was adjourned for two months.

Ben then appeared at Wellingborough Magistrates’ Court on February 27, only to be told the case was listed as the wrong type and that because there was no CPS prosecutor there it couldn’t proceed, with the case adjourned again to March.

But, after the Northants Telegraph queried the issue with police, the case was withdrawn.

Ben said the two trips to court cost him hundreds of pounds in lost wages – as well as costing the taxpayer.

He said: “It was a waste of my time and taxpayers’ money, a complete waste. For something that was so simple it all just became so complicated.

"It was a bit of a nightmare. Time and time again, I gave proof that I had paid it but it was like nobody saw it.”

ACRO said they were unable to comment on individual cases.