Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

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dariusman31
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#1 Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by dariusman31 » 23 May 2017 21:41

So in Feb - had Marstons serve me with 5 Notice of Enforcement for Bus Lane Enforcement by my local borough council - got them all to TEC - and got the N244's in for all of them - enforcement ceased - until TEC wrote back saying - rejected. All the borough council sent me was a copy of what they sent to TEC.

They never told me the enforcement was going to recommence until last week got a knock from an 'Enforcement Officer' with a stabbie on, wearing a badge 'with a camera in it' asking for £408 as the enforcement recommenced. Well my wife was beside herself, and i wasn't expecting it to happen like this. But anyway, he wasn't leaving until we coughed up, so we borrowed £408 from my in-laws (god bless 'em) he gave me a receipt, and i, being aware there was 5 asked about the others. "they've gone to another agent' he said, and i questioned that - as i'd received the enforcement notices at the same time, why wasn't being handled by one agent - he said he didn't know - and suggested i give the office a call the following day.

Not half an hour later - than i get another knock at the door - he continued knocking for some 10 minutes or so (i was upstairs sorting my 2 children out - it was 19:30 bedtime) he posted a note through the door with the 2 warrants containing 2 fines each - and giving a figure of a whopping £816 (2x£408)
When i called him to ask what he was playing at - he very quickly corrected himself and said it totals £692. i said i didn't have it - he said he'd give me some time to sort something out - and i agreed that i would sort something for the following Wednesday, which he seemed happy with - said he understood what it was all about, and that i sounded like a decent bloke. Anyway i called the office the following day to get total figures etc.

I spoke to the office the following day, and the very helpful girl told me there were 4 outstanding and it would £692 or 4 x £173 - i asked if that was everything she said yes - i told her about my 2 visits, and she said that shouldn't have happened, and must have been a 'system' or 'human' error, i asked for the complaint email address and was given it. i put in a formal complaint.

In the meantime, again we borrowed off the in-law's (god bless 'em) and i called the payment line to pay the £692 - and to ensure via human voice - that this was the end of the matter - the not-so-helpful - chap on the phone - did clarify that it was £692 i owed, but wanted to speak to the 'agent' first and proceeded to put me on hold for 3+ minutes - then came back and said the total was £927 - as there was £235 to pay, i politely pointed out that £235 had been paid to the first agent to come to my door, as part of the £408 payment, and that his colleague was having a laugh, that the office, and indeed himself had stated - it's £692 left to pay. He wasn't having it - and kept saying that's what is owed - i said i'd call back - spoke to the wife, calmed down a bit then decided to go online to pay - and duly paid - got a confirmation email that it was all paid. The agent then calls my mobile this morning still insisting this £235 is outstanding- and the warrant is still live - and to pay it - as soon as you can.

Is this right? is the warrant still active? what's my position here - i thought once payment was made in full that they can't come back asking for fee's - can anyone give me some advice - many thanks - great forum BTW - what a very valuable resource :)

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Schedule 12
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#2 Re: Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by Schedule 12 » 23 May 2017 22:48

Regulation 11(4)(a)of the Taking Control of Goods (Fees) Regulations 2014 states:
  • the fixed fee for each stage may be recovered only once regardless of the number of enforcement powers to which the instructions relate;
It means the £235 may only be recovered ones regardless of the number of enforcement powers against the same debtor.

Marston has abused this by giving out warrants to different enforcement agents to benefit from attracting £235 for each agent.

You can do a recovery by having a detailed assessment to reclaim all but one of the £235's paid. But this really needs legal expertise to draft the detailed assessment.

Also, run an enforcement compliance check, if there is a fail on the compliance, then you can recover all the fees paid. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:
  • 3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
If you find an irregularity, then you can skip the complicated detailed assessment and do a recovery in the small claims track.

Run this checklist: http://beatthebailiffs.org/stop-parking ... ifffs.html

Here is how to bring a claim in the small claims track. http://www.dealingwithbailiffs.co.uk/Co ... edure.html
Run this Checklist. If no joy, then we'll fix it
dealingwithbailiffs.co.uk

dariusman31
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Joined: 23 May 2017 21:15

#3 Re: Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by dariusman31 » 23 May 2017 23:38

Many thanks for the swift response Jason - really great

Big question though - do i pay this outstanding £235 to the other agent, even though technically there's nothing owing anymore, even though i paid it with the first agent, and then claim back through small claims?

I very much doubt my formal complaint will go anywhere........

dariusman31
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#4 Re: Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by dariusman31 » 24 May 2017 08:50

Just a quick update, the agent txt me this morning "I left you a message yesterday regarding the outstanding £235 on the two warrants. The warrants are still live and need settling today as agreed. Hope you are well.
Regards
Enf Agent"
I haven't text him back - yet. Well I actually agreed to pay the £672 today - but did on Monday online - if he does come round - is it legal for him to try and enforce, enforcement fees - that I already paid on the first warrant? Many thanks

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Schedule 12
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#5 Re: Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by Schedule 12 » 24 May 2017 10:42

No it's not. There is little stopping him and knocking the door asking for it. Anything beyond that attracts a liability under section 3 of the protection from harassment act (the two strikes rule). That is because the enforcement power ended under paragraph 6(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and he is not acting under an execution of duty.
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dariusman31
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#6 Re: Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by dariusman31 » 24 May 2017 11:42

So I text him back - Hi, sorry I didn't pick up yesterday - After our call of last Thurs - where you told me that the total was £672, I agreed to pay you today but managed to secure funds and pay online on Monday - there should be nothing outstanding as the £235 was paid on the first warrant and under 'Regulation 11(4)(a)of the Taking Control of Goods (Fees) Regulations 2014' the enforcement fee has already been paid.

He called me pretty much straight away and left a VM saying he needs to tell me something about my text - he needs to speak to me to get this sorted - and he also said he was going to keep calling me. Nice! What do you think happens now?

dariusman31
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Joined: 23 May 2017 21:15

#7 Re: Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by dariusman31 » 24 May 2017 16:33

Hello - feel free to mark as closed - after much silence - cane text message from the agent with a very weak excuse about one of the warrants still be live at the time - anyway his last words on the text were - you're all clear now - so job done 😃 I know i'be had to pay out - but when they came asking for more - knew it wasn't right!! Thanks so much - keep fighting the good fight!!

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Schedule 12
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#8 Re: Marstons - Multiple Warrants - PCN's for Bus Lane Enforcement

Post by Schedule 12 » 24 May 2017 18:09

Keep the text message and make a file copy. Its estoppel if he comes back about the same debt.
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