Marstons Bailiff on my door today

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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palec001
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Joined: 23 May 2017 23:36

#1 Marstons Bailiff on my door today

Post by palec001 » 24 May 2017 00:15

Hello, I wonder and hope that someone can help me. Today around 12pm I had a Marston bailiff on my doorstep. I was sooooo shocked. Ive seen the show on TV about this sort of stuff but had no idea why they were on my doorstep. It was under my husbands name as the car is registered in his name but I am in charge of paying all our bills etc (religiously and on time).

We got my husband on the phone and he gave permission to the Bailiff for me to deal with it.

Turns out that in August 2016 we had gone through the Dart tunnel in London and not paid the fine. The problem being that in June 2016 we moved out of our previous address and correspondence had been going to the old address (we hadn't changed our address with the DVLA).

We are from Australia, my husband is Czech and I am Australian. Honestly, I only discovered the Dart charge when my lease car went through recently and I got a letter from the leasing agency. I have actually just last week set up a Dart charge account with my card linked.

The bailiff today totally threw me because he kept saying that I had contacted the office on the 19th of May by phone so that proves I knew about the outstanding fine. But I thought he meant when I had contacted Dart directly last week on the 15th of May to check regarding my fine with my lease car (a different vehicle). So that confused me as to what he was talking about. While I am trying to get my bearings he tells me that the removal truck is on its way to take my belongings and if they show up my fine will go up from £425.50 to £575.50 (an extra £150.00). I was like - but but - I don't even know whats going on and you want me to pay you £425.50 for a fine I know nothing about! He said - well I can call the removal truck to see how far away they are. So he does and puts them on speaker and some guy says "that postcode is on our list today and we are 14 mins away." so of course now I am panicking more! I kept reiterating that I didn't know about this fine and I would have paid it if I did but he was like - you did know about it - you or your husband called the office - you went through a security check. I was like - no seriously I didn't. He is like - well your husband did! (Believe me when I tell you my husband did no such thing - English is his second language and he doesn't understand all the ins and outs of bills and rent and fines etc.....)

The officer said - well you have been found guilty in court (I was like - what court? How can I be found guilty of something I didn't even know existed - at a trial I didn't know was happening - so confused!) - I really feel like he kept saying he is a high court officer - he showed me his ID but I didn't look at the warrant because I was so stressed about the impending truck and an extra £150 on this already crazy fine! The officer also said that if I hadn't of been home they would have come back with a locksmith and broken in! Even if I wasn't at home! This freaked me out because I have young children plus my mother in law does not speak English so she would have freaked.

Very long story short - I paid the bill. Then I asked him - well maybe there is more floating out there, how would I know?? If I knew nothing about this? So he looked up my old postcode and there were three more dart charges! All from the same time - one more in August and 2 in September - when I looked at the dates I knew we had been in London then. Gawd!!! He said one had gone to warrant and the other two hadn't. That he should enforce the warrant one now but would call the office to see what he could do. So I freaked and offered to pay all 3 then and there. they were £571.50 for all 3 other fines. so basically I paid out nearly £1000 - clearing out all our bank accounts!!

All I have now is the 2 receipts. I don't have the actual warrants. I am so disappointed in the whole experience. It was incredibly stressful and very pressured and now I read online that I could have done an out of time form but the officer didn't tell me anything like this even though I kept asking for more time (to research or something) and he kept saying the removal truck is coming!!!

I am 100% sure it was legit. But I am also confused that I can't find anything online when I have just paid £10 for a trust online report but nothing is outstanding in our name. Did it all disappear when I paid today?

I just don't think any of this is at all fair. How can they get away with this? Is this even legal? Any advice from this forum would be soooo appreciated!

Thank you, Justine M

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jasonDWB
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#2 Re: Marstons Bailiff on my door today

Post by jasonDWB » 24 May 2017 10:47

  • Turns out that in August 2016 we had gone through the Dart tunnel in London and not paid the fine. The problem being that in June 2016 we moved out of our previous address and correspondence had been going to the old address (we hadn't changed our address with the DVLA).
After reading this comment, and apologies for not reading anything that follows.

You must call the Traffic Enforcement Centre (TEC) on 0300 123 1059, when the robots talk, press 6 to skip, when you speak to a human, give the PCN number first. Say you want to appeal, and your grounds are that you were not given a Notice to Owner (NTO) because the address is wrong, but the bailiff managed to turn up at your current address without giving a statutory notice.

Once you have returned the completed forms to tec@hmcts.gsi.gov.uk, enforcement is suspended at 4pm the day you email the completed forms, until the court decide the outcome of your appeal. Enclose evidence of the DATE you changed address.


If the TEC finds in your favour, which can take about 4 weeks, you are entitled to your money back.

In any case, you are entitled to recover all the bailiff's fees. They cheated by calling at your current address in breach of CPR 75.7 which requires a fresh warrant to be issued to your new address when they learned of it. In your case, the bailiff went behind that and jumped straight to enforcement.

Contact me for a consultation if you would like to start the process.
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palec001
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Joined: 23 May 2017 23:36

#3 Re: Marstons Bailiff on my door today

Post by palec001 » 24 May 2017 11:52

Hi Jason, thank you for your speedy response and the phone consultation we just had now. I am beyond relieved to have you in my corner!

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jasonDWB
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#4 Re: Marstons Bailiff on my door today

Post by jasonDWB » 24 May 2017 12:28

Just to bring you all into the loop.

There are four Dart charge PCN's but all four warrants of control have the wrong address. The client moved address and the bailiff was able to find it and jump straight to enforcement. This is a breach of Paragraph 7(1) of schedule 12 of the TCEA 2007 and CPR 75.7.

All four PCN's are being appealed giving evidence of the date the client changed address with evidence from the bailiff having written the previous address on it. I have done the draft paperwork over the phone and emailed back to the TEC with the attached evidence of the date the client changed address (shorthold lease) on each of the forms.

The client is reclaiming all money taken in the small claims track and I drafted a letter before action and sent it electronically to Marston and the client will give it by post today.

The bailiff claimed the client called his office on May 19 and all calls are recorded. This is untrue because the client had no knowledge of the PCN's. The LBA asks the recording be preserved and a request will be made to the court to have them enter it in evidence of the client making that call. It is exempt from the Data Protection Act 1998 under section 35 of the Act. If Marston is not forthcoming with the call recording, the court will be invited to make a finding of fact as to the integrity of the bailiff's character as well as knowingly breaching paragraph 10 and CPR 75.7 in order to make a gain for himself or another. The court's finding of fact can be given into court to question the fitness of the bailiff to carry on trading or recommend that he undergo retraining in schedule 12 and CPR 75.

If the money is not refunded by May 31, the claim will be filed at court.
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