Marston's (again)

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BEVANS1
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#1 Marston's (again)

Post by BEVANS1 » 31 Oct 2017 19:29

First time here - so after a bit of advice.

The Mrs has unknowingly had a parking ticket from outside her work. She said she would appeal as everyone parks there, but never did (silly lady!)

Had a visit from Marston's last week saying we owed around £1100, and they were back again today stating £1383.

This latest letter states a lot of things that they can force entry into my home, but I have 2 young daughters and from what I have read, they cannot force entry, is this correct?

Also - there is nothing in my home that is of that value, can they take lesser items as a contribution or does it have to be goods for the full amount?

First time involved with these cretins - any advice would be greatly appreciated!

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#2 Re: Marston's (again)

Post by Schedule 12 » 01 Nov 2017 14:27

BEVANS1 wrote:
31 Oct 2017 19:29
First time here - so after a bit of advice.

The Mrs has unknowingly had a parking ticket from outside her work. She said she would appeal as everyone parks there, but never did (silly lady!)

Had a visit from Marston's last week saying we owed around £1100, and they were back again today stating £1383.

It looks like they are messing you about with their fees.



This latest letter states a lot of things that they can force entry into my home, but I have 2 young daughters and from what I have read, they cannot force entry, is this correct?
That is correct, they cannot force entry. Thye can only enter peacefully. But you should NEVER open the door to bailiffs. Its too dangerous if you have children inside the house.



Also - there is nothing in my home that is of that value, can they take lesser items as a contribution or does it have to be goods for the full amount?

First time involved with these cretins - any advice would be greatly appreciated!
Appeal the PCN(s) and that will suspend the enforcement, then pay the council the parking tickets minus the bailiffs fees.
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#3 Re: Marston's (again)

Post by Pote Snitkin » 01 Nov 2017 16:45

Is this a council ticket or a private one?
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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#4 Re: Marston's (again)

Post by BEVANS1 » 01 Nov 2017 17:39

"Is this a council ticket or a private one?"

It is a council one. After reading so many things on here, there are a lot of things we have not received, such as a notice of enforcement.

We will get on to the council and do what you suggested - many thanks for a great service!

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#5 Re: Marston's (again)

Post by Pote Snitkin » 01 Nov 2017 18:57

If this is for just one ticket, then Marston's are adding over £1k in fees. Maximum fees at this stage would be £310.
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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#6 Re: Marston's (again)

Post by BEVANS1 » 01 Nov 2017 20:52

Pote Snitkin wrote:
01 Nov 2017 18:57
If this is for just one ticket, then Marston's are adding over £1k in fees. Maximum fees at this stage would be £310.
Wow!! Never even thought of that! Should I ask for a breakdown or just not engage them whatsoever and go straight to the council?

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#7 Re: Marston's (again)

Post by Pote Snitkin » 01 Nov 2017 21:40

It would be interesting to see whether the bailiff would put it in writing.
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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#8 Re: Marston's (again)

Post by Schedule 12 » 01 Nov 2017 21:56

Do not ask for a breakdown. They will mess you about. Just do a simple fee recovery if you are forced to hand over money.
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#9 Re: Marston's (again)

Post by Pote Snitkin » 01 Nov 2017 22:03

Schedule 12 wrote:
01 Nov 2017 21:56
Do not ask for a breakdown. They will mess you about. Just do a simple fee recovery if you are forced to hand over money.
If they're trying to add illegal fees then proof is needed.
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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#10 Re: Marston's (again)

Post by Schedule 12 » 01 Nov 2017 22:34

The law sets the fees, and if they charge more than what the law says, then there is the proof the bailiff is on the fiddle.
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#11 Re: Marston's (again)

Post by Pote Snitkin » 01 Nov 2017 23:07

It needs to be in black and white.
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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#12 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 18:13

Hi,

An update...

They have clamped my partner's car - but it's only worth scrap really (a Y Reg car) and doesn't come close to covering the debt.

Apparently this is 2 debts - one for road tax and the other a parking fine and they are telling my partner that if she doesn't pay then she will be arrested as there is not enough goods in the house to cover the debt. She's really scared.

We only got the notice of enforcement for the parking one (£188) 2 days ago, so can they add this on to the road tax money?

She has offered them £600 upfront and the rest monthly but they will not budge. Said she has until Friday to pay or else further action will be taken.

Any advice on what to do? Shall we try and find the money for the road tax part and minus the parking fine off? The bailiff apparently said that it's not up to him to divide the money up so they are all as one.

Please help!

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#13 Re: Marston's (again)

Post by Pote Snitkin » 07 Nov 2017 18:30

Is this the first you knew about the road tax? Have you had no notices from DVLA? Have you had a notice of enforcement from the bailiff for both debts? What date is on the NOE you have received?
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: Marston's (again)

Post by Schedule 12 » 07 Nov 2017 18:37

Who clamped the car? That is the one you must deal with first.
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#15 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 18:38

My partner seems to recall some letters some time ago but stupidly did not inform me or do anything about it. We haven't had anything for quite some time in regards to the tax.

The NOE for this latest one is 2nd November (parking fine)

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#16 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 18:38

It was Marston's who have clamped the car today

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#17 Re: Marston's (again)

Post by Schedule 12 » 07 Nov 2017 18:39

BEVANS1 wrote:
07 Nov 2017 18:38

The NOE for this latest one is 2nd November (parking fine)
The earliest date for enforcement is 17 November.

The clamp must be for the car tax.

You need to decide whether the car is a lost cause. A 'Y' reg isn't going to fetch anything at auction. Most cars of that age that become clamped usually end up being filled with commercial rubbish and the bailiff company has to pay for the disposal.

If you want to keep the car, then you will have to either find an irregularity with the enforcement or settle the debt. see what the compliance check shows up. http://www.dealingwithbailiffs.co.uk/fo ... p?id=42200
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BEVANS1
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#18 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 18:41

Yes it is - but the bailiff is claiming that he wants both paid ASAP, won't accept the payment for just the road tax

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#19 Re: Marston's (again)

Post by Pote Snitkin » 07 Nov 2017 18:43

DVLA would've sent a letter advising of a penalty for not taxing the car. Has the car been in use or SORN'd? You really need to dig out those letters to establish the original penalty amount.
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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#20 Re: Marston's (again)

Post by Pote Snitkin » 07 Nov 2017 18:44

BEVANS1 wrote:
07 Nov 2017 18:41
Yes it is - but the bailiff is claiming that he wants both paid ASAP, won't accept the payment for just the road tax
Legally he should not be enforcing for the parking fine. However, if he was to return to enforce after the 17th he'll add another £235 to the debt as it will be deemed a separate enforcement visit.

Do you have a breakdown of what he's claiming?
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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#21 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 19:23

£998 debt
£150 compliance stage fee
£235 enforcement stage fee

But part of the £998 is the £188 for the parking fine.

If she rang the DVLA/court who issued the tax stuff, would they accept payment direct from her.

The car is road worthy now as it's taxes, this is just unpaid from a year or 2 ago

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#22 Re: Marston's (again)

Post by Pote Snitkin » 07 Nov 2017 19:27

That means the tax penalty is £810, which is extremely high. Did it actually go to court or was is just a DVLA issued penalty?

You mention 'roadworthy' - was the car SORN'd at any time?
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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#23 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 19:29

It seems like it went to court (the document states HMCTS West Yorkshire). Sorry if I don't know too much, it's not my debt but just trying to get as much info as possible to give to her as she's really upset.

What does SORN'd mean?

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#24 Re: Marston's (again)

Post by Pote Snitkin » 07 Nov 2017 19:42

SORN - statutory off road notice. You inform DVLA that the car is off the public road so doesn't need tax.

If this actually went to court and you were either unaware of the proceedings, or were aware but didn't attend to be means tested then you can do a 'section 14 notice' - http://www.legislation.gov.uk/ukpga/1980/43/section/14

This would rewind the proceedings back and allow you to represent yourself and provide your income details, likely resulting in a lower fine.
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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#25 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 20:13

Thanks very much - will show her all this.

In the meantime - will they actually arrest her if she cannot pay?

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#26 Re: Marston's (again)

Post by Pote Snitkin » 07 Nov 2017 20:15

BEVANS1 wrote:
07 Nov 2017 20:13
In the meantime - will they actually arrest her if she cannot pay?
No.
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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#27 Re: Marston's (again)

Post by Schedule 12 » 07 Nov 2017 20:46

Pote Snitkin wrote:
07 Nov 2017 19:42
or were aware but didn't attend to be means tested then you can do a 'section 14 notice' - http://www.legislation.gov.uk/ukpga/1980/43/section/14

This would rewind the proceedings back and allow you to represent yourself and provide your income details, likely resulting in a lower fine
Section 14 is for defendants not aware of the proceedings.

If the defendant was aware of the proceedings, but was not means tested before being fined, then its Section 165 of the Criminal Justice Act 2003

If the defendant has a change of financial circumstances after being fined, then its Section 85 of the Magistrates' Court Act 1980.
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#28 Re: Marston's (again)

Post by Pote Snitkin » 07 Nov 2017 20:51

Yep, quite right, my error.
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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#29 Re: Marston's (again)

Post by BEVANS1 » 07 Nov 2017 20:52

So if they end up in the house (they threatened with locksmiths) and see that we have nothing to cover the cost (if we don't pay) will they accept an arrangement eventually?

They seem pretty dead set on not accepting anything less than the full amount

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#30 Re: Marston's (again)

Post by Schedule 12 » 07 Nov 2017 22:59

I am working with a production company making a TV series featuring corruption and fraud. If you would be interested in taking part and catching a bailiff illegally breaking entry to a home, email me at helpline (at) xlaw.co.uk and I can introduce you to one of the producers.
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