Marston holdings help

Post Reply
Suja712
Posts: 3
Joined: 22 May 2017 16:43

#1 Marston holdings help

Post by Suja712 » 22 May 2017 16:57

I need help, basically I incurred a parking fine in Liverpool , forgot about it due to my mental health deteriorating ( 7 year son died unexpectedly 3 years ago) the car was registered to my husband and he works away so have no correspondence. Marstons turned up last week , clamped the car ( on finance ) but now are threatening to bring enforcement officers to break into my house to recover the debt. In the mean time I've sent a letter of vulnerability in and stated that the debt is mine I incurred it with a brief history, mr Bailiff said he doesn't care he will recover the debt by what ever means and 3 years is long enough to get over our loss. Cit advice have said they can break in with lock smiths regardless. What do I do. I'm petrified to go home. My poor husband only found out about all this last week. Rang mr Bailiff explained he works away etc so has no knowledge of the fine , same response. He's coming to claim back the debt. I'm home alone and can't continue, I don't work, have no income , so no way of paying the fine was £113 they want over £460

User avatar
Pote Snitkin
The Watcher
Posts: 6006
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#2 Re: Marston holdings help

Post by Pote Snitkin » 22 May 2017 18:22

For a start they cannot break in for a parking fine, they know that but are hoping you don't. Forced entry can be used for Court Fines only.

The car is on HP so is safe.

How much is the original fine for?
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

User avatar
jasonDWB
Posts: 14771
Joined: 30 Jul 2012 21:23
Contact:

#3 Re: Marston holdings help

Post by jasonDWB » 22 May 2017 18:44

Suja712 wrote:
22 May 2017 16:57
I need help, basically I incurred a parking fine in Liverpool ,
Can you run this checklist and say what points are flagged up: http://beatthebailiffs.org/stop-parking ... ifffs.html






forgot about it due to my mental health deteriorating ( 7 year son died unexpectedly 3 years ago) the car was registered to my husband and he works away so have no correspondence.
Was any correspondence given to your husband's address? (if different). And is your husbands address different to yours?



Marstons turned up last week , clamped the car ( on finance )
You must give notice the car is on finance. Another bailiff company is smarting over a humongous bill for clamping a car on hire purchase. You can injunct using form N16a because you have an immediate right to the car.

Here is how it's done, but don't attempt to do it yourself. http://www.dealingwithbailiffs.co.uk/Ba ... tions.html





but now are threatening to bring enforcement officers to break into my house
Parking ticket warrants do not confer a power to break entry. The bailiff can only be invited in. He cannot even use force against anyone, paragraph 24 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.


to recover the debt. In the mean time I've sent a letter of vulnerability in and stated that the debt is mine I incurred it with a brief history, mr Bailiff said he doesn't care he will recover the debt by what ever means and 3 years is long enough to get over our loss. Cit advice have said they can break in with lock smiths regardless. What do I do. I'm petrified to go home. My poor husband only found out about all this last week. Rang mr Bailiff explained he works away etc so has no knowledge of the fine , same response. He's coming to claim back the debt. I'm home alone and can't continue, I don't work, have no income , so no way of paying the fine was £113 they want over £460
I have a feeling the enforcement address might be wrong. Run the checklist and also, check the warrant address by calling the Traffic Enforcement Centre (TEC) on 0300 123 1059 - press 6 to skip and when the call is answered, give the PCN number first. Ask for the
  • Date of the warrant.
    Address of the warrant

Post back here when you have them. The TEC is open between 9 and 5pm.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Suja712
Posts: 3
Joined: 22 May 2017 16:43

#4 Re: Marston holdings help

Post by Suja712 » 22 May 2017 19:12

Sorry to make it clear my husband is a truck tramper ( I see him a few hours a weekend) so yes we live at the same address but he's never home. I incurred the fine but due to ptsd , anxiety and depression I forgot about the fine. My husband is the registered keeper of the car but I drive it. My husband literally had no idea I'd incurred the fine and to be fair I'd forgotten about it as my mental health is getting worse , most days I don't even know my own name, I'm barely functioning. I'm seeing counsellors - on ptsd medication, plus am waiting for other therapies. Until last week I had no recollection of it 😭. Now I'm dealing with bailiffs that say it's my husbands fine and they will collect.

User avatar
jasonDWB
Posts: 14771
Joined: 30 Jul 2012 21:23
Contact:

#5 Re: Marston holdings help

Post by jasonDWB » 22 May 2017 19:54

You might be in what is called a "vulnerable household" for the purpose of civil enforcement. The law is Regulation 10(1) of the Taking Control of Goods Regulations 2013 which says bailiffs may not carry out enforcement (take control of goods) in the presence of vulnerable persons, and paragraphs 30 and 70 to 78 of the Taking Control of Goods: National Standards 2014 provides a definition of what a vulnerable person is. This article explains what you can do to stop enforcement action.

Bailiffs are under a belief they have discretion to decide whether a person is vulnerable for the purpose of civil enforcement. There is no such regulation that provides for this, the rules say the bailiff must withdraw from the property to enable the debtor to seek advice. If a medical condition exists then unless the bailiff is a medical doctor having permission to examine you, then they are unqualified to make any decision on vulnerability.

Have your doctor complete a MALG evidence form and give a copy to the council and to the bailiff by text message and to the company by email.

I can't get you off the parking ticket unless there is something wrong with it. Secure your car and take these steps to protect yourself.

http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html

And follow this: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Suja712
Posts: 3
Joined: 22 May 2017 16:43

#6 Re: Marston holdings help

Post by Suja712 » 22 May 2017 20:05

I'm not disputing the fine, I'm willing to pay but he wants it all now, which I just don't have. I put a vulnerable form in to marstons and Liverpool council, no reply in a week! Marstons bailiff reply was it's me that's vulnerable not my husband the debt is his , so he will continue calling , and since it's over a 12 month period since our son died I'm not vulnerable. I was only diagnosed ptsd in Dec! I will get onto the malg form in the morning

User avatar
Pote Snitkin
The Watcher
Posts: 6006
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#7 Re: Marston holdings help

Post by Pote Snitkin » 22 May 2017 20:20

As has been said, the car is on HP so cannot be taken. There is no forced entry for traffic debts. Losing a child must be the most horrible experience a parent can have, so to say you should be over it is just plain nasty.

Provide the creditor (the council) with as much evidence about your health and situation and ask to pay in installments.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

Post Reply

Who is online

Users browsing this forum: Bing [Bot] and 1 guest