Marston and magistrates fine

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
Post Reply
amandabrad
Posts: 7
Joined: 06 Dec 2017 19:14

#1 Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 19:20

Hi I am dealing with Marston Bailiffs for a court fine. I paid £230 to the Bailiff last Thursday and have not had any money to pay since. The fine currently stands at £205. He came round yesterday while my partner was in the shower to deliver a notice but tried the door and came in the house. I received a text from him to say that he had been in the house and taken a list of property and now has a criminal distress warrant. What does this mean and what can I do? He is coming 6am tomorrow and didn't text till 4pm and citizens advice was closed.

User avatar
Pote Snitkin
The Watcher
Posts: 6668
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#2 Re: Marston and magistrates fine

Post by Pote Snitkin » 06 Dec 2017 20:05

He can list what he likes - however, as neither you or your partner has signed anything any controlled goods agreement (CGA) is worthless.

However, as this is a court fine, the bailiff does have the power to force entry although this is seldom done.

What was the original fine and what fees have been added? Were you means tested at the time of the conviction?

User avatar
Schedule 12
Posts: 13361
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#3 Re: Marston and magistrates fine

Post by Schedule 12 » 06 Dec 2017 20:41

Run this compliance checklist and tell us what is flagged up. We can give better advice:

http://www.dealingwithbailiffs.co.uk/fo ... p?id=42597

For the time being, deploy this: http://www.dealingwithbailiffs.co.uk/St ... -Fines.htm

Note: there are no controlled goods, he cannot break entry. If he does, then contact me and we can do something about it.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

amandabrad
Posts: 7
Joined: 06 Dec 2017 19:14

#4 Re: Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 23:05

Hi I was not means tested and it was £180. Will he force entry in the morning? I need to ring the court to arrange a means test hearing but cannot do this till they open at nine. I was paying the fine but then I started university and my money stopped while I waited for student finance, which I still have not received. I borrowed the money to pay him last week which I thought would give me more time.

amandabrad
Posts: 7
Joined: 06 Dec 2017 19:14

#5 Re: Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 23:06

It went up to 435 so he added 255 on

amandabrad
Posts: 7
Joined: 06 Dec 2017 19:14

#6 Re: Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 23:13

The £230 I paid to the Bailiff would that not cover the fine and just leave his fees?

User avatar
Schedule 12
Posts: 13361
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#7 Re: Marston and magistrates fine

Post by Schedule 12 » 06 Dec 2017 23:44

amandabrad wrote:
06 Dec 2017 23:05
Hi I was not means tested and it was £180. Will he force entry in the morning?

Do not open the door. Leave him standing outside.


I need to ring the court to arrange a means test hearing but cannot do this till they open at nine. I was paying the fine but then I started university and my money stopped while I waited for student finance, which I still have not received. I borrowed the money to pay him last week which I thought would give me more time.
If you paid the fine, then the enforcement has ended. The bailiff will go on about "pro-rata" where he claims that the money paid is apportioned between the fine and the fees. That is not what the law says. Money paid to a bailiff always pays the amount outstanding before ANY fees are taken.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

amandabrad
Posts: 7
Joined: 06 Dec 2017 19:14

#8 Re: Marston and magistrates fine

Post by amandabrad » 07 Dec 2017 00:26

Thank you for the advice i'll let you know how it goes tomorrow

User avatar
Pote Snitkin
The Watcher
Posts: 6668
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#9 Re: Marston and magistrates fine

Post by Pote Snitkin » 07 Dec 2017 12:03

Schedule 12 wrote:
06 Dec 2017 23:44
The bailiff will go on about "pro-rata" where he claims that the money paid is apportioned between the fine and the fees. That is not what the law says. Money paid to a bailiff always pays the amount outstanding before ANY fees are taken.
Hmmm.... not sure about that one. The bailiff will keep the first £75 of anything he takes, then split the rest - money taken by the bailiff is 'proceeds' as stated in sch12 50(2).

amandabrad
Posts: 7
Joined: 06 Dec 2017 19:14

#10 Re: Marston and magistrates fine

Post by amandabrad » 07 Dec 2017 16:25

Hi the bailiff never came this morning. I rang the court but they said I cant have a means tested hearing and that I have to ask the bailiff about referring to some sort of charity. If I hold out and don't pay will it get referred back to court and then just pay original fine?

User avatar
Schedule 12
Posts: 13361
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#11 Re: Marston and magistrates fine

Post by Schedule 12 » 07 Dec 2017 18:31

After 90 days its returned to Court Service.

You shouldn't telephone the court service. They will mess you about. You do it in writing then if you are rebuked, then you can approach the Parliamentary Ombudsman for breach of legislation.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

amandabrad
Posts: 7
Joined: 06 Dec 2017 19:14

#12 Re: Marston and magistrates fine

Post by amandabrad » 07 Dec 2017 20:36

Thank you I will try writing to them

Post Reply