marston

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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towtruckmark
Posts: 2
Joined: 09 Mar 2018 18:30

marston

Post by towtruckmark » 09 Mar 2018 19:27

hi this is a bit long soz
in 2011 I was given an on the spot fine for not wearing a seatbelt since that day ive not heard a thing I have another case which the courts keep messing up but heavily fined me even though I have been communicating with them they have put that one on hold for the moment
last Thursday I was caught out in that snow and whilst sat on the a31 freezing cold my 13 year old daughter called telling me a bailiff was at the door the bailiff took her phone and spoke to me I told him to leave the premises as my daughter was on her own and I was unable to be there he said he will call me from his phone,he called me and demanded £2200 now to wich I said that even if I had my wallet on me wich I don't I don't have that and mentioned the case on appeal he said I must pay it all and claim it back or he was going to drill my locks and take my stuff I pointed out that my 13 year old was there on her own he said don't worry I have the police here so I hung up and phone tilly to tell her to sit on the settee and not move if someone comes in the poor girl was petrified and I couldn't protect her
he phoned again saying he was going to take the little fiat that's on my drive I put him right telling him that's my eldest daughters car who was on her way to help her sister then he said my lorry was going that's also on my drive out of frustration I said take it but I'm not giving it to you and its proper wedged onto the drive so the only way off is to drive it he had the cheek to ask me what its worth in desperation I walked a mile in the snow to catch up with a pal who was also in the jam but got away quicker
eventually my eldest gets there to hear him knocking the door she wont answer and hes looking through the front window at them he tells them he has put a notice through the letter box wich entitles him to break in for some reason he left but the impact on tilly was to much and while asleep she wet her bed ff to the morning i shipped the girls to my brothers and called mr cooper of marstons who said ill be there in 15 mins and he will break in if i didnt answer i told him i will not let you in so thats your only option he never showd
i tried to pay my fine to the courts but they couldnt do it as its a historic fine he has given me 2 pieces of paper with a load of waffle on done on a printer to make it look hand written i dont know if i can upload them
can he break in ?
should i report him to the police
he phoned today and said that if i didnt pay 400 he will take stuff to the value of 2200 the 400 is what the original 90 fine jumped to so he is saying that if i dont pay 400 he will activate the other fine wich the courts have put on hold
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Schedule 12
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Re: marston

Post by Schedule 12 » 10 Mar 2018 04:07

The documents you show are standard Marston 'threatogram' letters pushed through the letterbox. As far as enforcement regulations go, they are not statutory documents, so they count for nothing.

Contrary to belief, an on-the-spot fine is NOT a conviction.

You are only reported when you don't pay the fine and from there, its a conviction in absence.

If you were unaware of the conviction until afterwards, then you can make a statutory declaration under section 14 of the Magistrates' Courts Act 1980 sent by RECORDED DELIVERY and that will overturn the conviction.

Here is more: http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm

You repeat this process for all other fines that come to your attention.

Your post indicates the fine is from the Historic Debts team. The service address for sending the statutory declaration is:
  • BY RECORDED DELIVERY
    A designated officer of the court
    Historic Debts team
    Port Talbot Justice Centre
    Harbourside Road
    Port Talbot
    SA13 1SB
Here is a Template.

That will put the enforcement to bed.

You might have room to make a personal injury claim for your daughter. If you would like me to refer you to a specialist law firm then contact me for a telephone consultation and I'll see if there is any redress owed.

From what I see from your post, your documents do not show a statutory Notice of Enforcement (NOE) given before attending. That firmly places liability on the enforcement company if they are unable to show it was given. All you need is a doctors statement that your daughter's condition is attributed to the enforcement action, or his assertion to break entry with her inside the property.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

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