Dealing with Marston as a disabled person

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Raga30
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#1 Dealing with Marston as a disabled person

Post by Raga30 » 08 Oct 2017 15:05

I got a speeding fine about 8/9 years ago and never heard anything about until recently when a very aggressive baillif showed up at my door. I refused to open the door and he called the police who placated him saying that it was a civil matter. I also spoke with the police and told them that as I was on my own and suffer from a serious illness I could not open the door as the stress of this was making me ill. I was told by a Marston call centre worker that as I was disabled and getting disability payments I should send proof of this to the baillif which I did by text but also email a copy to their welfare department, which I also did. I have not had a response to my email and have also not heard from the baillif. He did threaten to comeback with a locksmith and a warrant for my arrest. What can I do to avoid his actions? In the email I have offered to pay the fine by instalments. I am considering going to the magistrates court and paying the fine which was originally £90 which now stands st £400 with the added costs. Some advise will be very much appreciated. Thanks

Raga30
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#2 Re: Dealing with Marston as a disabled person

Post by Raga30 » 09 Oct 2017 16:23

Can someone please help

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#3 Re: Dealing with Marston as a disabled person

Post by Pote Snitkin » 10 Oct 2017 16:28

The facts here don't seem to add up. You say the fine was from 9 years ago - did you receive the FPN and did you make a plea?

If you didn't then this would've gone to court and the i reckon the fine would've been a lot more than £90. Can you clarify the details?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#4 Re: Dealing with Marston as a disabled person

Post by Schedule 12 » 10 Oct 2017 18:37

Raga30 wrote:
08 Oct 2017 15:05
I got a speeding fine about 8/9 years ago and never heard anything about until recently when a very aggressive baillif showed up at my door.
I think you might be a victim of the new HMCTS historic debts team. They are reviving old court fines and seeing if they can drum up some money.


I refused to open the door and he called the police who placated him saying that it was a civil matter.
You did the right thing. Keep that door shut.


I also spoke with the police and told them that as I was on my own and suffer from a serious illness I could not open the door as the stress of this was making me ill.
Bailiff cannot take control of goods when a vulnerable person is alone. They cannot recover fees from vulnerable people. The bailiff's case is dead in the water as far as making any money is concerned.




I was told by a Marston call centre worker that as I was disabled and getting disability payments I should send proof of this to the baillif which I did by text but also email a copy to their welfare department, which I also did.
Don't be misled by their term "welfare department" there is no physical department, its a bailiff company policy that postpones enforcement for 30 days.

Do not telephone a bailiff company again. They will mess you about.





I have not had a response to my email and have also not heard from the baillif. He did threaten to comeback with a locksmith and a warrant for my arrest. What can I do to avoid his actions?
If you did not know about the fine until afterward, then the proceedings are invalid, and you can make a statutory declaration. http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm


Ignore the internet myths about having to disclose a plea, that is NOT what the law says. There are certain individuals out there from bailiff companies pretending to help people on the internet by giving wrong advice.


In the email I have offered to pay the fine by instalments. I am considering going to the magistrates court and paying the fine which was originally £90 which now stands st £400 with the added costs. Some advise will be very much appreciated. Thanks
Consider making a statutory declaration first, that will kill the fine and the enforcement power for nothing.

If you want to pay the fine, then pay it online and give a notice to the bailiff when you have paid it. The bailiff, in any event, cannot recover fees from you and any effort to obtain fees from vulnerable people results in court proceedings, - which the bailiff must pay to defend the claim regardless of the outcome. It's too risky for bailiffs to try it on.
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Raga30
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#5 Re: Dealing with Marston as a disabled person

Post by Raga30 » 11 Oct 2017 03:00

Thanks for the responses. Sorry guys. The fine was for driving without a seatbelt 9 years ago not speeding. I had to check again. My memory lapses when tired.

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#6 Re: Dealing with Marston as a disabled person

Post by Raga30 » 11 Oct 2017 03:15

Apart from my personal details What should I include in the statutory declaration and where do I submit the form? Is the form available online? Many thanks

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Schedule 12
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#7 Re: Dealing with Marston as a disabled person

Post by Schedule 12 » 11 Oct 2017 10:41

A seatbelt fine is administered in a magistrates court and this could be a historic debt. Here is how to stop the enforcement using a Section 14 statutory declaration:

http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm

Template.

A seatbelt conviction is a non-indictable offence so it is unlikely the court service will re-list a fresh hearing.
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Raga30
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#8 Re: Dealing with Marston as a disabled person

Post by Raga30 » 11 Oct 2017 14:02

Thanks

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#9 Re: Dealing with Marston as a disabled person

Post by Raga30 » 12 Oct 2017 08:18

Thanks for the template. One more question. Do I pay the £90 fine to the baillif or to the court. I tried paying it to the court but I don't have any reference number or any details from the court. Also I am assuming as suggested that the statutory declaration would make the conviction void so I don't have to pay it. Am I correct?

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#10 Re: Dealing with Marston as a disabled person

Post by Pote Snitkin » 12 Oct 2017 08:28

If you pay it to the bailiff, he'll keep £75 of it for his fee.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Raga30
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#11 Re: Dealing with Marston as a disabled person

Post by Raga30 » 12 Oct 2017 09:17

so how do I pay the court without reference number etc.

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#12 Re: Dealing with Marston as a disabled person

Post by Raga30 » 12 Oct 2017 14:36

Does anyone know how to pay the fine through the court without sny documentation from them?
Thanks

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#13 Re: Dealing with Marston as a disabled person

Post by Pote Snitkin » 12 Oct 2017 15:02

Contact the court and ask for the case reference number. If they can't provide one ask how they can be enforcing an alleged fine without a record of it.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#14 Re: Dealing with Marston as a disabled person

Post by Schedule 12 » 12 Oct 2017 16:35

To make a section 14 declaration, you don't need the details about the case. It covers any conviction made, and the court service then has to explain what the offense is, but not before issuing a summons.

Do not fall or this nonsense doing the rounds that you have to "book an appointment" to make a statutory declaration.

You will get the offense details quickly enough. Otherwise, Court service might mess you about.
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Raga30
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#15 Re: Dealing with Marston as a disabled person

Post by Raga30 » 13 Oct 2017 01:49

YI have contacted the court regarding the details but they refused to discuss it and rfferred me back to the baillif. I also need a 3 digit number to pay online which I don't have.

I will get the statutory declaration signed by a solicitor and sent to the court by recorded delivery. Hopefully this will void the fine

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#16 Re: Dealing with Marston as a disabled person

Post by Schedule 12 » 13 Oct 2017 12:52

If court service and the bailiff are messing you about, then I'd waste no time and revoke the proceedings. Get that section 14 done.
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Raga30
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#17 Re: Dealing with Marston as a disabled person

Post by Raga30 » 13 Oct 2017 16:51

Thanks

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#18 Re: Dealing with Marston as a disabled person

Post by Raga30 » 19 Oct 2017 09:42

Got the statutory declaration ready for signing and found a solicitor who will do it today however in the template In the address section it is asking to send the document to the designated officer of the court. As I'm not sure which court it is I chose the one closest to my home but have no idea who the designated officer is. Any idea how I can get this information and am I correct in choosing the court closest to my home? Thanks in advance

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#19 Re: Dealing with Marston as a disabled person

Post by Schedule 12 » 19 Oct 2017 09:48

You address it to:
  • BY RECORDED DELIVERY
    A designated officer of the court
    Historic Debts team
    Port Talbot Justice Centre
    Harbourside Road
    Port Talbot
    SA13 1SB
More: http://www.dealingwithbailiffs.co.uk/hi ... steam.html
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Raga30
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#20 Re: Dealing with Marston as a disabled person

Post by Raga30 » 19 Oct 2017 14:50

I can't thank you and others who have helped me . Thanks

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