Marstons

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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be86
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#1 Marstons

Post by be86 » 27 Feb 2017 15:42

Hello,

My partner has received a letter from Marstons asking for a payment of £935 for something that happened in February 2012. My partner never had a car at this time and all correspondence had been sent to his old address, so he never even knew that he owed this monies.

When we have called up Marstons to ask for further information they have said that I relates to failure to give identification to a police officer. They do not have other details, they have said that they will contact HMCTS and ask for further information.

Is there anyway we can contact HMCTS and gather information in regards to this?

Only thing on the letter is HMCTS -HD.

Any help would be great

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Schedule 12
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#2 Re: Marstons

Post by Schedule 12 » 27 Feb 2017 16:46

If you were not aware of the conviction until after you were convicted, then the law says the proceedings are invalid.

You can make a statutory declaration to the HMCTS that issued the warrant.

I have attached a template to the foot of this post. Send it by RECORDED DELIVERY to - Ministry of Justice, Complaints team, 4th Floor, 102 Petty France, London SW1H 1AJ. Enclose a copy of the bailiff's document saying "HMCTS HD" and say this does not identify the origin of the fine as required by regulations.

Ask they give the notice to the HMCTS that issued the warrant.

Send a copy to the bailiff company using a safe (non-spammable) email address.
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be86
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#3 Re: Marstons

Post by be86 » 27 Feb 2017 16:55

Hi

Thanks for this, what happens if I don't receive a response before I have to pay (March 10th)?

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#4 Re: Marstons

Post by Schedule 12 » 27 Feb 2017 21:22

You don't need a response.

The law says the proceedings are invalid when the statutory declaration is given by recorded delivery.
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#5 Re: Marstons

Post by be86 » 01 Mar 2017 13:24

Hi Again,

Another question is we do not know the original HMCTS was is it ok if we just send it to the Ministry of Justice?

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#6 Re: Marstons

Post by Schedule 12 » 01 Mar 2017 13:29

If the bailiff is not forthcoming with the name of the court that issued the warrant, then he is in breach of regulation 7 of the Taking Control of Goods Regulations 2013 which says the notice of enforcement must enable the debtor to identify the source of the debt.

You give the section 14 notice addressed to
  • A Fines Officer of the Court
    Complaints and litigation Team
    Ministry of Justice
    4th Floor, 102 Petty France
    London
    SW1H 1AJ
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be86
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#7 Re: Marstons

Post by be86 » 06 Mar 2017 13:33

Hi

I have just spoken to marston and they have said that I should be able to get the details by tomorrow if the offence, question is can we complain to hmcts in regards to this, it is their error that they sent the letter to the wrong address for the last four years, and we were told that they do not use a system to look at updated addresses. Now my boyfriend is saying that he will not pay because of this

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#8 Re: Marstons

Post by Schedule 12 » 06 Mar 2017 16:46

You don't need to make a complaint. Just get that section 14 done. Marston will mess you around.
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be86
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#9 Re: Marstons

Post by be86 » 07 Mar 2017 15:31

Hi,

Marstons received an email from HCTMS and they have said it is regarding failure to give police information. In all honesty he does not remember this and wants to fight more. I have said let's pay 9we need to pay by Friday) and look into it more, as we still don't think it is correct.

I have sent the letter to Ministry of Justice, to gather more information, once we receive this information and get confirmation this was an error or we allowed to claim back money from Marstons?

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#10 Re: Marstons

Post by Schedule 12 » 07 Mar 2017 15:38

Your wasting your time. Just so that section 14 statutory declaration. If they want to re-prosecute you, they have to give you the information to answer.

To recover money from Marston, you have to go to court. It's a lot of faffing about that is avoidable.
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#11 Re: Marstons

Post by be86 » 07 Mar 2017 15:43

OK, so what is the best action to take?

I have sent the stat declaration to the ministry of justice and marstons. Marstons have still said that they will not put the account on hold and expect payment by Friday. We honestly think this a case of mistaken identity, as my partner was not even living at that address at the time, so the police officer went to this address and spoke to someone but not my partner...

Marstons have said that they do not care about the stat declaration...

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#12 Re: Marstons

Post by Schedule 12 » 07 Mar 2017 16:23

Once the declaration has been laid, the proceedings and everything that follows is invalid.

If Marston takes an enforcement step, they are liable for everything that follows.

I wouldn't concern yourself over it.
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#13 Re: Marstons

Post by be86 » 06 Apr 2017 14:17

Hi,

I have not heard anything from Ministry of Justice yet, how do I chase them.

We have paid the monies however we still want to fight this.

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#14 Re: Marstons

Post by Schedule 12 » 06 Apr 2017 15:47

Once you make a statutory declaration under section 14 of the Magistrate's Courts Act, the proceedings are void.

It doesn't require a reply.

What do you want the court service to do to put things right & who did you pay money to and how much?
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#15 Re: Marstons

Post by be86 » 06 Apr 2017 15:52

Even though we got few information from Marstons, we just clarification on the actual incident.
We paid the monies across to Marstons.

We just want clarification that it was actually my partner who was in the van at the time of the incident.

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#16 Re: Marstons

Post by Schedule 12 » 06 Apr 2017 17:41

Once you have done your section 14, you recover the money from the Secretary of State for Justice, 102 Petty France, London SW1H 1AJ. They will draw it from the Marstons holding account.

If the MOJ gave Marston your old address, but Marston attended your new address, then Marston is at fault for breach of Paragraph 7(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. You name them as the 2nd defendant on the claim form.

This article gives a summary of the procedure for bringing a claim in the small claims court.
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#17 Re: Marstons

Post by Ak47 » 12 Jul 2017 10:16

Hi
Please, where is the template you mentioned for making Statutory declaration?
Thanks for your help?
Ak47

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#18 Re: Marstons

Post by Schedule 12 » 12 Jul 2017 16:13

Post #2 above
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