Marstons speeding fine.

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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dogblack
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#1 Marstons speeding fine.

Post by dogblack » 05 Apr 2017 10:33

hello,
Firstly the fine is my girlfriends...
A bailiff knocked yesterday (Marstons) rather early in the morning yesterday I ignored it and he posted some documents through the letterbox. i waited a while then removed them to see what it was regarding. 5 seconds after i had pulled the docs through the letter box he is hammering on the door again yelling stuff that i couldnt hear because my dogs are pretty pissed off at the sound of him. An hour later i go outside to find my car clamped.....i had a hospital appointment to go to (well i could have had one) and my "kind neighbour" (honest guv it weren't me) chopped it off with a disc cutter for me so i could go on my merry way.
After getting home i text the bailiff to ask him if he is supposed to check who owns vehicles before clamping cars parked on the public highway (we dont have a driveway). He said id committed an offence and he was ringing the police at which point i reminded him it was my "neighbour" who removed it. He turned up at the house i said my girlfriend wasn't in and sorry the neighbor cut his clamp off, at which point he started talking police blablabla said said you clamped a car on a public road without identifying whose vehicle it was good luck and shut the window. He then text whilst outside the house asking where the clamp was i didn't reply as i'm assuming he wanted evidence...after this he sat behind my car for a little while (maybe running a dvla check or reporting his clamp stolen) then vanished like a fart in the wind. He im assuming was in the wrong for clamping what could have been anybody's car. All quite amusing.

Now my girlfriend has a NOTICE AFTER ENTRY OR TAKING CONTROL OF GOODS that has the enforcement fee they are claiming is owed added on. so now stands at a total of £407 but as he realised the car was not seizable so he hasnt taken control of anything or entered the enforcement stage fee should be disregarded?
he also posted a "notice of intention to search your premises" and another "removal notice"

The fine was for £97 is this payable directly to the court...i don't mind playing games with the bailiffs....i have more time to waste than they do as im on enhanced disability premium esa as i have a lifelong chronic disease.

Thanks for reading.

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Schedule 12
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#2 Re: Marstons speeding fine.

Post by Schedule 12 » 05 Apr 2017 11:57

dogblack wrote:
05 Apr 2017 10:33
hello,
Firstly the fine is my girlfriends...
A bailiff knocked yesterday (Marstons) rather early in the morning yesterday I ignored it and he posted some documents through the letterbox. i waited a while then removed them to see what it was regarding. 5 seconds after i had pulled the docs through the letter box he is hammering on the door again yelling stuff that i couldnt hear because my dogs are pretty pissed off at the sound of him. An hour later i go outside to find my car clamped.....i had a hospital appointment to go to (well i could have had one) and my "kind neighbour" (honest guv it weren't me) chopped it off with a disc cutter for me so i could go on my merry way.
That should be done AFTER giving the bailiff an opportunity to remove an unlawful clamp. Section 5 of the Criminal Damage Act.



After getting home i text the bailiff to ask him if he is supposed to check who owns vehicles before clamping cars parked on the public highway (we dont have a driveway). He said id committed an offence and he was ringing the police at which point i reminded him it was my "neighbour" who removed it.

NEVER fess to anyone cutting the clamp.




He turned up at the house i said my girlfriend wasn't in and sorry the neighbor cut his clamp off, at which point he started talking police blablabla said said you clamped a car on a public road without identifying whose vehicle it was good luck and shut the window. He then text whilst outside the house asking where the clamp was i didn't reply as i'm assuming he wanted evidence...after this he sat behind my car for a little while (maybe running a dvla check or reporting his clamp stolen) then vanished like a fart in the wind. He im assuming was in the wrong for clamping what could have been anybody's car. All quite amusing.

Now my girlfriend has a NOTICE AFTER ENTRY OR TAKING CONTROL OF GOODS that has the enforcement fee they are claiming is owed added on.

Did you learn about the fine AFTER you were convicted?

Your ppost is titled "speeding fine", how do you know its a speeding fine?


Need a straight answer please.





so now stands at a total of £407 but as he realised the car was not seizable so he hasnt taken control of anything or entered the enforcement stage fee should be disregarded?
he also posted a "notice of intention to search your premises" and another "removal notice"

The fine was for £97 is this payable directly to the court...
It's difficult giving accurate advice without know whether you were aware of the fine until after you were convicted.



i don't mind playing games with the bailiffs....i have more time to waste than they do as im on enhanced disability premium esa as i have a lifelong chronic disease.

Thanks for reading.
You are a vulnerable person for the purpose of civil enforcement. Bailiffs cannot recover fees and the creditor must prepare to re-take control of the case from the bailiff.

Here is more:

http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm
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dogblack
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#3 Re: Marstons speeding fine.

Post by dogblack » 05 Apr 2017 12:51

regarding the vulnerableness of myself: does the fact it's not my fine matter or just the fact i live in the household?

My girlfriend was making weekly payments to pay of the speeding fine she missed a couple and they sent it to marstons.

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#4 Re: Marstons speeding fine.

Post by Schedule 12 » 05 Apr 2017 16:08

The debtor must be the vulnerable person. If the debtor is not there and a vulnerable person is alone, the bailiff cannot take control of goods.

You are better off killing off the enforcement power. Here is how it's done: http://www.dealingwithbailiffs.co.uk/Ba ... claim.html
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#5 Re: Marstons speeding fine.

Post by dogblack » 05 Apr 2017 19:07

ok could probably scrape the money together to pay but id like to see about getting the enforcement fee for seizing goods or entering the premises knocked off the bill. (he seized my car by mistake and i'm assuming standing at the front door shouting through the letterbox doesn't count as entry?)

at the time of the offence we were both working would a change in circumstance help the situation?
will he get bored in the end and return it to the creditor?

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#6 Re: Marstons speeding fine.

Post by dogblack » 05 Apr 2017 19:16

regarding "if the debtor is not there" so whether or not she lives here doesn't matter.... if i speak to the bailiff out of the window and inform him she isnt here at the moment not sure when she will be back then explain my health situation and shut the window i should be left alone in that instance?
and thanks for your advice so far. :)

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#7 Re: Marstons speeding fine.

Post by Schedule 12 » 05 Apr 2017 19:28

dogblack wrote:
05 Apr 2017 19:07
ok could probably scrape the money together to pay but id like to see about getting the enforcement fee for seizing goods or entering the premises knocked off the bill. (he seized my car by mistake and i'm assuming standing at the front door shouting through the letterbox doesn't count as entry?)

The £235 enforcement stage fee is nothing to do with taking control of goods. The law says the fee applies when the bailiff attends the enforcement address.

He doesn't need to gain entry to attract the fee. The only way of stopping the enforcement power is pay the "sum adjudged" into court. That doesn't cancel the fee, it just takes away the enforcement power in respect of it.

How long the bailiff pesters you over it is a piece of string. Some bailiffs are more persistent than others. One even broke entry and ended up embroiled in months of court proceedings. It all depends on the extent of risk the bailiff is willing to take for the sake of his £90 commission he earns for recovering a fine and all the fees.
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#8 Re: Marstons speeding fine.

Post by Schedule 12 » 05 Apr 2017 19:30

dogblack wrote:
05 Apr 2017 19:16
regarding "if the debtor is not there" so whether or not she lives here doesn't matter.... if i speak to the bailiff out of the window and inform him she isnt here at the moment not sure when she will be back then explain my health situation and shut the window i should be left alone in that instance?
and thanks for your advice so far. :)
Technically yes, but bailiffs pay no attention about lone vulnerable people. They are a commercial entity out to make money. Everything else is secondary.
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#9 Re: Marstons speeding fine.

Post by dogblack » 05 Apr 2017 19:49

ok thanks jason my girlfriend wont be speaking to him again and just to clarify paying £97 directly to the court online won't stop anything?

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#10 Re: Marstons speeding fine.

Post by Schedule 12 » 05 Apr 2017 20:35

You will get the RETMAR letter. It doesn't need any action. Here is an example

http://www.dealingwithbailiffs.co.uk/Co ... iliff.html
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#11 Re: Marstons speeding fine.

Post by dogblack » 05 Apr 2017 20:54

so is paying the fine online and then telling the bailiff politely to go sing for his supper somewhere else still an option then? So the fine will be payed (the "criminal" element dealt with leaving his fees which are are non criminal (don't really matter).

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#12 Re: Marstons speeding fine.

Post by Schedule 12 » 05 Apr 2017 21:07

Bailiffs cannot take control of your goods after you have paid the fine into court. The law says bailiffs may take control of goods to recover the fine and the costs of taking and selling your goods. It does not provide for recovering "fees" when you have paid the fine on a date before the bailiff takes control of your goods. Enforcement fails and you can sue for damages, recovery of the goods taken or you can claim the replacement cost of them.

This explains the legal position http://www.dealingwithbailiffs.co.uk/Co ... ement.html
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dogblack
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#13 Re: Marstons speeding fine.

Post by dogblack » 05 Apr 2017 21:14

thanks :)

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#14 Re: Marstons speeding fine.

Post by dogblack » 07 Apr 2017 01:06

jason
i know i mentioned my illnesses you said i would be classed as vulnerable but because its not my debt it does not matter (unless she isnt here at the time)...our joint claim for esa is in my name because i am the most seriously ill.... but my girlfriend is diagnosed with depression and my and is on my claim so should/could we be asking for the debt to be returned to court?
thanks for your help again.

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#15 Re: Marstons speeding fine.

Post by Schedule 12 » 07 Apr 2017 09:04

The law says if the vulnerable person is alone, the bailiff may not take control of goods.

You can ask your girlfriend to ask her doctor to complete a MALG evidence and give it into court and quote paragraph 16 of the Taking Control of Goods: National Standards 2014 (Published by, none-other, the Ministry of Justice) which states;
  • Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary.
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#16 Re: Marstons speeding fine.

Post by dogblack » 25 Apr 2017 00:17

the bailiff hasnt returned but i had a visit from the police regarding the theft of his wheel clamp...the police came to my house and asked if id be happy to pay the bailiff £50 for the replacement of the clamp and take a caution....i said not really and i needed to think on it, 10 seconds google shopping showed that i could purchase same kind of clamp for £10, i contacted the officer with this issue, surely its fraudulent behaviour on the baillifs part he came back to the officer with a link for a £24 clamp of the same style i said to the copper does he have receipts to prove prove he paid the £24 not £10? copper not really interested and just wants to know if il accept the caution and pay him....the other alternative is let them try to take me to court and get a charge of criminal damage or theft to stick.

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#17 Re: Marstons speeding fine.

Post by Schedule 12 » 25 Apr 2017 09:11

They are offering a caution because the police know they cannot get a prosecution to stick. Nobody saw anything and there is no confession.

Here is more: http://www.dealingwithbailiffs.co.uk/Ar ... dress.html
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#18 Re: Marstons speeding fine.

Post by dogblack » 25 Apr 2017 09:59

this was my thought...i rang a solicitor but until im charged they cannot advice me (for free/legal aid).

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#19 Re: Marstons speeding fine.

Post by Schedule 12 » 25 Apr 2017 12:19

Lets see the charge sheet, and the prosecution's case against you. So far the police have not shown a shred of evidence. Until they do, you can remain silent.
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#20 Re: Marstons speeding fine.

Post by dogblack » 25 Apr 2017 13:31

The officer already has a statement from me, he has the text messages to the bailiff stating that my neighbor cut the clamp off. I confirmed this but could not reveal his name for threat of retaliation. I said i didnt think i was happy with being cautioned and id let him know.

Then earlier today I told the police officer via text that i politely decline his offer of a caution.

Wait and see what happens next.

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#21 Re: Marstons speeding fine.

Post by dogblack » 29 Apr 2017 18:03

i would have heard if i were going to be charged with theft or criminal damage by now....its not like there were folders of evidence for CPS to mull over.

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#22 Re: Marstons speeding fine.

Post by Schedule 12 » 02 May 2017 14:01

To defend you, I need a charge sheet and the witness statements and evidence the CPS intend to rely on.

From there I can prepare your defence and refer you to an appropriately experienced solicitor.
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#23 Re: Marstons speeding fine.

Post by dogblack » 23 Jun 2017 11:34

2 Marstons goons arrived at my house at early oclock this morning with a lock smith refused to show a warrent and tried drilling the lock to the front door i secured it so that they would not be able to get in and they couldn't they stood at the front of the house for a considerable time trying to force entry they/i rang the police but they were too busy to attend (until later)...after a while (2hours) the horrible man went down the side of the house and forced the garden gate open it was locked but not padlocked so he reached over and opened it...this would have been ok and he wouldnt have been able to break in through the back door either without causing considerable property damage (same security as the front door) BUT i have a dog flap in the back door and my little pooch ran out and he allowed it to leave the garden, so the game was up i opened the door and he physically forced his way past me...i went and fetched the dog the police arrived he made a list of stuff which is next to nothing and they said will not cover the debt.....he said we have a week to pay or it will be sent/reported back to the court and my girlfriend could get community service or a prison sentance?!!! are they just fibbing to get there pennies?

Any clue what will happen next?

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#24 Re: Marstons speeding fine.

Post by dogblack » 23 Jun 2017 11:38

Sorry for the lack of punctuation iv had 2 hours sleep.

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#25 Re: Marstons speeding fine.

Post by Schedule 12 » 23 Jun 2017 12:29

Enforcement has been unsuccessful. You don't have the goods and you don't have the money. Blood from a stone.

Entering by force is allowed, but damaging property is not. Regulations do not provide bailiffs indemnity from liability for damaged property.

You can recover the cost of uninsured repairs by making a claim in the small claims track.

Here is how its done: http://www.dealingwithbailiffs.co.uk/Co ... edure.html
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#26 Re: Marstons speeding fine.

Post by dogblack » 23 Jun 2017 15:58

the locksmith made good and replaced the cylinder...It got added to the charges obviously...what i really want to know is when we are unable to pay in full in a week and they report/return it to court what will happen then?

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#27 Re: Marstons speeding fine.

Post by Schedule 12 » 23 Jun 2017 20:48

The problem is the locksmith probably now has a key to your house.

You need to replace all his locks and send Marston the bill. They are not entitled to interfere with your property in this way.

When the case is returned, the court service can sit on it and try and revive it as a "historic debt".
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