Marstons 14 day notice!

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Andy17
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Joined: 24 Aug 2017 16:18

#1 Marstons 14 day notice!

Post by Andy17 » 24 Aug 2017 16:36

Hello,
yesterday I received a letter from Marston high court enforcement officers stating I had a fine of £545.00 to pay and a court order has been issued leaving me 14 days to pay it. There were no details to what the fine was for but I found through the HMCTS HD that it was for failing to notify the DVLA of the sale of a car in 2006. I have never received any letters until now and HMCTS state that all correspondence was sent to an old address (which they still have me down at). I remember sending the logbook to the DVLA and have always kept them informed of my address, this is shown on my current drivers licence and current car logbook so I do not understand why they have sent correspondence to a very old address. I would appreciate any advice you could give.
Thanks, Andy.

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Schedule 12
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#2 Re: Marstons 14 day notice!

Post by Schedule 12 » 24 Aug 2017 18:20

You can stop the enforcement and quash the fine.


Section 14 of the Magistrates Courts Act states:

  • 14 Proceedings invalid where accused did not know of them.

    (1)Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—

    • (a)the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and

      (b)within 21 days of that date the declaration is served on the designated officer for the court, without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.


    (2)For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.


Here is a Template.: Remember, the law says it must be sent by RECORDED DELIVERY.

There is misinformation on the internet that says you must "enter a plea" with your statutory declaration. That advice is WRONG.

Follow Section 14 of the Magistrates' Courts Act 1980 as it says.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Andy17
Posts: 3
Joined: 24 Aug 2017 16:18

#3 Re: Marstons 14 day notice!

Post by Andy17 » 24 Aug 2017 20:01

Thank you!

I have filled in the template and will find a solicitor to sign it tommorrow then I can get it sent.

I'll keep you updated.

Cheers.

Andy17
Posts: 3
Joined: 24 Aug 2017 16:18

#4 Re: Marstons 14 day notice!

Post by Andy17 » 25 Aug 2017 18:52

So I got the declaration signed by the solicitors and sent it recorded delivery via royal mail. I then contacted Marston to inform them of the situation and after an hour of trying to get through to someone I spoke to a very unpleasant man who insisted they would still come to take away goods regardless of whether I sent the statutory declaration. I ended up advising him that I had only called them to let them know what was happening out of courtesy and promptly hung up. :o

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Schedule 12
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#5 Re: Marstons 14 day notice!

Post by Schedule 12 » 25 Aug 2017 20:06

Do not telephone Marston. They will mess you about.
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Edd
Posts: 66
Joined: 01 Mar 2017 11:21

#6 Re: Marstons 14 day notice!

Post by Edd » 28 Aug 2017 23:39

Same company allegedly. Seems plausible enough fine was indeed paid off despite an abundance of EAs on a mission...To add further the sheer cheek, behaviour and demeanour of these sidekicks, again questions how on earth are they able to think, it is reasonable behaviour? And add insult to injury get away with it?

https://m.youtube.com/watch?v=VdvT0mmWv2M

Seems that their alleged powers came to nothing? Because their alleged victim did know his rights and stood pretty firm. Do not EVER feel threatened or intimidated by these glorified thugs, keep/stay away and watch this clip only to remind what kind of outfit they really are. Amongst quite a few others. Rumblings are, they've been are about to be found out.

Edd
Posts: 66
Joined: 01 Mar 2017 11:21

#7 Re: Marstons 14 day notice!

Post by Edd » 29 Aug 2017 00:00

Another clip, allegedly same company. Comments section alone is more than revealing. Seems to further underline the motive of these people and detracts from the fact it is a risk they are it seems quite happy to take. Until when? That's the sad reality.

https://m.youtube.com/watch?v=V8rqh3CGeSk

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