TV Licence Fine Marston Bailif Help!!!

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missthang35
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#1 TV Licence Fine Marston Bailif Help!!!

Post by missthang35 » 21 Nov 2014 13:36

Hi there,
I recently had the misfortune of being issued with a Court fine for not having a tv lisence. I was claiming JSA at the time but I never attended court nor filled in the paper work. I had offered to pay the fine at a later date as I then Got a Job but unfortunately that didn’t happen as I was then delayed in starting work which meant I had no wages to pay. I got a letter from Marstons regarding the outstanding fine and they were asking for £415. I called to ask for an arrangement and they said I needed to pay £124 for them to give me more time to pay. I explained I had just signed off and my final payment was going to be on the Friday of that week. Unfortunately it was paid on the Monday. I called and explained but they said they had passed it over to the enforcers. I paid the £124 anyway.
The bailiff turned up first when I wasn’t there with and left a notice. I called him back and he told me he could not allow me more time to pay and that he had a warrant that needed to be executed ASAP. He then turned up again while I was on my way to work and called to say he was outside my home and he was getting a locksmith to enter my home in my absence. He said he had the right to do so because mine was a criminal fine and so the court gave him permission. I told him he did not have my permission to enter my home and that I want a copy of the warrant. He left me card that said I had refused to make payment and that he had a right to enter. I know for a fact it was not a warrant as I have seen a similar one on here showing it wasn’t.
My worry now is he kept pressuring me until I ended up offering to pay it in full on the 28th of November. My situation now is, as this is my first pay from this Job I will only be paid for 10 days of work. This is because the pay cut off date was brought forward to accommodate Christmas pay.There is no way I can afford to pay it. In fact I think I will be getting less than £526. I have not told him this yet and I am wondering if anyone could advise me. I would really appreciate it.

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Andy
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#2 Re: TV Licence Fine Marston Bailif Help!!!

Post by Andy » 21 Nov 2014 14:58

I paid the £124 anyway.
That money is gone.
he was outside my home and he was getting a locksmith to enter my home in my absence. He said he had the right to do so because mine was a criminal fine and so the court gave him permission
Distress warrants do not give permission of any kind to break entry, that is a separate warrant under Section 8 PACE 1984, which is issued to police officers only. These warrant do not extend to private companies for the purposes of civil enforcement (unless you are refusing your gas man entry).
I know for a fact it was not a warrant as I have seen a similar one on here showing it wasn’t.
It is a warrant, it's just a distress warrant he has.
I have not told him this yet and I am wondering if anyone could advise me
You don't have to tell him anything, you can ignore him and they will eventually return the case to the court. In the mean time, pay the outstanding amount (minus fees) online direct to the court, get a receipt - that closes the case.
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#3 Re: TV Licence Fine Marston Bailif Help!!!

Post by Hithard » 21 Nov 2014 15:29

Sorry Andy, would you just mind clarifying this bit. Thanks

" I know for a fact it was not a warrant as I have seen a similar one on here showing it wasn’t"

"It is a warrant, it's just a distress warrant he has."
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#4 Re: TV Licence Fine Marston Bailif Help!!!

Post by Andy » 21 Nov 2014 15:34

Of course, the OP was saying it wasn't a warrant (I assume referring to a search warrant) which was omitted either in the phone call or here on the forum in that specific line, to try and clear up that point of law, I have informed the OP that the bailiff does hold a warrant (distress warrant) - however it is not a search warrant, as I said in my above point.

Hope that clears it up.
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#5 Re: TV Licence Fine Marston Bailif Help!!!

Post by Hithard » 21 Nov 2014 16:34

OK so the crook from Marstons probably showed him some of their letter headed paper that they like to call a distress warrant (of course this can't be used as authority to levy distress) instead of the proper court issued distress warrant.
You're right of course it was extremely unlikely it was a warrant to break entry with a search warrant.

Appreciate that Andy.
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#6 Re: TV Licence Fine Marston Bailif Help!!!

Post by Andy » 21 Nov 2014 17:10

I would argue it's probably very rare indeed that Marstons would show the court distress warrant as this only has the actual fine amount on it, without their printers they cannot add their fees to make it look like they have to be paid as well.
I recently had the misfortune of being issued with a Court fine for not having a tv lisence.
I would like to say on this point of law, that it is not actually illegal to not have a TV licence, it only becomes illegal when you are receiving live broadcasts. Just because there is a TV in the house does not automatically mean a licence is needed.

Do you happen to know the date of the offence and the date you were summoned? If it was more than 6 months it cannot go ahead as it is statutory barred under Section 127(1) Magistrates' Courts Act 1980 - http://www.legislation.gov.uk/ukpga/1980/43/section/127
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#7 Re: TV Licence Fine Marston Bailif Help!!!

Post by missthang35 » 25 Nov 2014 19:48

Thank you for your responses. I will just deal with this man when he turns up

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#8 Re: TV Licence Fine Marston Bailif Help!!!

Post by Andy » 25 Nov 2014 20:33

OK, hope all goes well, :)
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#9 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Schedule 12 » 25 Nov 2014 21:35

missthang35 wrote:Thank you for your responses. I will just deal with this man when he turns up
Heres a few things you can do to keep him busy.

Paragraph 26(1) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 says the enforcement agent must show on demand evidence of his identity (his bailiffs certificate) and his authority to enter the premises (the warrant of control). Further regulations require the bailiff to produce the warrant of control if you demand it, and to show evidence of his authority to execute it, Rule 52.8(2)(c) of the Criminal Procedure Rules 2014. Do not be palmed off with a forged warrant. Here's How to tell .

Make the bailiff produce everything. If he fails to comply then you can make a formal complaint against him for failure to comply with the above regulations. While you are at it, use Regulation 7(e) of the Taking Control of Goods Regulationds 2013 and make him explain the debt and his fees then have him truthfully confirm they are complaint with regulations. Here is a template . It can be given by post, by email and handed to the bailiff in person.
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missthang35
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#10 Re: TV Lisence Fine Marston Bailif Help!!!

Post by missthang35 » 26 Nov 2014 14:39

Hi there,

Just received a text from him regarding payment this Friday....feel sick...

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#11 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Andy » 26 Nov 2014 14:47

Have you thought about how you want to proceed with this?
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#12 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Schedule 12 » 26 Nov 2014 15:15

My concern you have paid £124 and the bailiff has trousered it.

Make a formal complaint to the court manager responsible for the warrant. Once the fine is paid the enforcement power ceases. The bailiff no longer has court authority (this is not the same as a court manager issuing a "warrant") to take control of goods.

[finfees][/finfees]

Paragraph 26(1) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 says the enforcement agent must show on demand evidence of his identity (his bailiffs certificate) and his authority to enter the premises (the warrant of control). Further regulations require the bailiff to produce the warrant of control if you demand it, and to show evidence of his authority to execute it, Rule 52.8(2)(c) of the Criminal Procedure Rules 2014. Do not be palmed off with a forged warrant. Here's How to tell .

Make the bailiff produce everything. If he fails to comply then you can make a formal complaint against him for failure to comply with the above regulations. While you are at it, use Regulation 7(e) of the Taking Control of Goods Regulationds 2013 and make him explain the debt and his fees then have him truthfully confirm they are complaint with regulations. Here is a template . It can be given by post, by email and handed to the bailiff in person.

[pomb][/pomb]

Lets see what else you can throw at them. Run the Magistrates' Court fines enforcement compliance check.
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missthang35
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#13 Re: TV Lisence Fine Marston Bailif Help!!!

Post by missthang35 » 26 Nov 2014 20:53

Hi there I am going to email a detailed response in the morning. My computer is being a complete moron. Please bear with me.

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#14 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Schedule 12 » 26 Nov 2014 22:08

Does anyone still use a computer to access the internet these days?

My trusty Galaxy Note 3 does it without having to watch it rebooting or freezes at the moment I open IE. I'm even thinking about upgrading to GN4. It does everything a laptop can do and even makes telephone calls!
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#15 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Andy » 26 Nov 2014 22:35

Yes some of us are still shaping stones to cut our meat...
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#16 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Schedule 12 » 26 Nov 2014 22:41

I have noticed people visiting our house and asking where the PC is, expecting to see a Mac out in the conservatory, but I find a mobile phone with chromecast to connect to a monitor and wireless keyboard/mouse suffices for desktop work, and everything else, the phone fits in my wallet and works anywhere - even on the tube.
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#17 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Andy » 26 Nov 2014 23:24

Mobiles and Note's are the way to go now. Soon enough PC's will become obsolete, there is nothing better than unlimited power at your fingertips whenever you want - not when you get home. There is only so much upgrading you can do to a PC, phones have the latest technology already built into them. Get a 12 month contract and next year get the new best deal.
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#18 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Schedule 12 » 27 Nov 2014 00:38

The PC has been obsolete for a while. I'm even using a mobile to update DWB and uploading pages to the server, but I have to use wireless keyboard and monitor for PHP serverside programming - almost impossible with a software keyboard.

Interestingly a TV license for a GN3 is required because it receives live TV broadcast using the Freeview app. I switched from Apple because of their restrictive practices with online movies (Showbox is banned for Ipad) and music making their itunes compulsory. Android won it for me because its easy to build apps and I can give them away on Google Play.

In this day and age I think the way forward is mobile. I never thought I would be answering emails and forum posts on the tube. The only frontier now is aircraft. Its premium but I reckon its a matter of time easyJet introduces free wifi for its data hungry passengers to get one over Ryanair.
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#19 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Andy » 27 Nov 2014 01:18

Yes anything that you can watch live broadcasts, it will be interesting to know when a TV licence is needed for a webcam as you are sending and receiving live images. There again how does one define a broadcaster?

Interestingly though, how could they possibly enforce TV licences for phones? Just because you can receive live broadcast doesn't mean you are watching it, and what is the point in paying for something you are not watching. How on earth would they prove you are watching live TV on your phone?

I got tied into a 24 month contract but now the EU has order that 12 month contract be made available and Ofcom has banned 36 month contracts I will be getting 12 months to be able to keep up to date with the latest and greatest.
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#20 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Schedule 12 » 27 Nov 2014 08:38

I cant see a TV licence enforceable for mobiles because there is no billing mechanism for internet programs used outside a political boundary. I can watch ITV1 in the UK as easily as Dubai.

Like voip phone calls, my landline numbers can be answered by me anywhere in the world and the caller is none the wiser (and no UK line rental because there is no physical non-moveable landline). The Beeb are following the DVLA putting a tax on every car, so a tax will be levied on every address and the burden of proof to the contrary lies with the accused. If the accused is silent then it goes to court and the address is bailiffed.
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#21 Re: TV Lisence Fine Marston Bailif Help!!!

Post by missthang35 » 27 Nov 2014 12:27

Good morning guys,

Ok just to recap:

I was fined a total of £315 including any costs. At the time I was not in a position to pay as I was on JSA. immediately after I got a job. I had been given time to pay but my start date kept being pushed back so it meant I wasn't able to start working. Eventually I got a letter from Marstons asking me to pay a total of £415.
*** Two things here: I never received notification that this was being passed on to Marstons, should I have?
According to Marstons charges I should have been charged £75 compliance fee at this stage meaning I would have been owing a total of £390 NOT £415,right??

Anyway, I called them and told them I had just started a new job and I was not in a position to pay in full. I was actually expecting my final payment from JSA at the end of that week (3rd of October). They said I could pay £124 and then they would give me time to pay until the 8th of November. Unfortunately, my final JSA wasn't paid til the Monday but I called back anyway.They told me their offer had now been revoked because I was late I explained why...not that they gave a rats ass!! The woman wasnt even listening to me. She was forcing down the fact that a bailiff is going to turn up any time. I said well there not much I can do now is there. Do what you gotta do and I will do the same. I got a receipt for this payment dated 6th of October 2014.

On the 31st of October I got a visit from the bailiff. I was at work. my son was home, he's 15. He left final notice letter and at this stage the amount had gone from £291 (£415 less £124 I paid) to £526 an extra £235. I called him and thats when he was giving me the whole removal of goods shabang, saying because mine was a criminal offence he had the right to enter my home in my absence to recover goods. I told him my position and he said he a warrant which needed executing asap. He proceeded to say he would give me a few days to look for it. FROM WHERE??!!!! anyway he gave me the weekend to look for it. He turned up at my house and called me and I was onmy way to work saying he was going in. I told him he does not have my permission to do so. I asked for a copy of the warrant that gives him authority to do so. Any way he left a card that stated after several attempts of trying to contact me I have refused to pay and that the was now going to take action by entering my home. Clearly not a warrant just a different version of his final letter in my opinion.*
****Between his visit on the 31st and his next one on the 5th of November there is about 4 working days, shouldn't he have given me 7 days???

He pressured me and bombarded with texts and I told him the same thing. There is not a lot I can do, my first salary was being paid on the 28th of November and any payments would be made then. I think I kinda hung myself with this one. I said I would pay on the 28th. As I explained in my last post I am only getting paid for 10 days on the 28th (tomorrow) and its gonna be less than he is asking for.

What do I plan to do you ask... well there is not a lot I can do. I want to pay the court direct thats for sure my question is will I still be able to? This conviction was made in August and the debt is already with marston now will they not reject my payment? I am considering to paying something now with clearance of the account being made on the 12th of December will they allow me this?? Also because I said I'd pay and didnt, does that now mean I am in more trouble?? Do I have to call and explain to him. It wont make a difference anyway its not like he will be willing to listen to anything I have to say.

In terms of charges should I expect more? My understanding is that they can only charge me again if they gain entry and remove goods.

Thank you all for your help with this

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#22 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Hithard » 27 Nov 2014 15:01

Already with bailiffs when the fine was only set in August seems a bit quick. Looks like something may be wrong with that. Have a quick run through the online fines compliance check to see how you can stop enforcement and get yourself time to pay. http://www.dealingwithbailiffs.co.uk/finelegal.html
It's quick and easy. Let us know what it finds out for you and further advice will come along.

Yes. You can pay the fine direct to court. The best way to do it is online here https://www.gov.uk/pay-court-fine-online that saves you having to go to the court itself and paying.
There are no fees payable for magistrates courts fines. Though Marstons like to pretend there are so when the fine amount is paid to court bailiff action should cease.
Bailiffs cannot break into your home so just keep your door locked and he can't get in to levy. He can only open through an open door. He cannot levy without you there and definitely if your son accidentally lets him in because he will be classed as a child.
Deploy the NTPNTL. http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm Its a Notice to Produce and Notice to Leave. It puts the bailiff on notice he is required by statute to produce his documents and evidence of his ID and warrant (or liability order), which you can make copies using your mobile and order the bailiff to leave the premises using an Act of Parliament. You can post the documents here on this forum with your personal details hidden (including any barcodes). We can tell you if they are kosher. Here is a template.

Paragraph 26(1) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 says the enforcement agent must show on demand evidence of his identity (his bailiffs certificate) and his authority to enter the premises (the warrant of control). Further regulations require the bailiff to produce the warrant of control if you demand it, and to show evidence of his authority to execute it, Part 52.8(2)(c) of the Criminal Procedure Rules 2013. Do not be palmed off with a forged warrant. Here's How to tell .

Make the bailiff produce everything. If he fails to comply then you can make a formal complaint against him for failure to comply with the above regulations. While you are at it, use Regulation 7(e) and make him explain the debt and his fees then have him truthfully confirm they are complaint with regulations. Here is a template . It can be given by post, by email and handed to the bailiff in person.

Have your mobile phone camera set to record video. Wear it on a lanyard around your neck with the camera facing outwards. If you get trouble then call the police on 999 and hand a copy of this document to a police officer through a window making sure you get it on camera. Try to capture everything on video without the bailiff knowing.
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missthang35
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#23 Re: TV Lisence Fine Marston Bailif Help!!!

Post by missthang35 » 27 Nov 2014 21:40

I will let you know how I get on. The man even tried to call me today. I didn't pick up off course. It ain't even the 28th yet!!. My plan is to focus on paying my fine at the court. Thank you all. You guys are champion xx

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#24 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Amy » 28 Nov 2014 00:07

jasonDWB wrote:I have noticed people visiting our house and asking where the PC is, expecting to see a Mac out in the conservatory, but I find a mobile phone with chromecast to connect to a monitor and wireless keyboard/mouse suffices for desktop work, and everything else, the phone fits in my wallet and works anywhere - even on the tube.
I have one PC and two screens at my office. You can't beat having an actual desk and of course being an office, means it has pens and you can make notes. Different things open on each screen makes it so easy. Although, I agree that out and about, you can't beat a mobile and I'm an iPhone girl, can't be doing with android.

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#25 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Andy » 28 Nov 2014 10:29

I have one PC and two screens at my office.
I had exactly this set up when I was trading, one to trade and the other to keep an eye on the market. You cannot beat two screens at home. Now I am studying law I simply need a bigger desk, the amount of reading (3 books at once some nights) stick-it notes, note pads and everything else I have going on, it looks a mess woman.
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#26 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Schedule 12 » 28 Nov 2014 12:45

I'm hoping android will come out with a multi screen desktop or tablet. I'll be first in. Samsung has already developed the hardware where you place tablets in a row and creates extended desktop or multi screen. Just needs wireless keyboard.
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#27 Re: TV Lisence Fine Marston Bailif Help!!!

Post by missthang35 » 29 Nov 2014 22:40

OK I was pumped with facts and a good defence and like clock work bailiff turned up just as expected. He was so polite and asked me how he could make my life easier to get this paid!!! Talk about being taken aback. I said to I would get back to him at the end of the week and he was fine. I shut my door behind me obviously.

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#28 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Andy » 30 Nov 2014 00:05

I am absolutely flabbergasted...a Marstons bailiff walk away without being asked to leave...?
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#29 Re: TV Lisence Fine Marston Bailif Help!!!

Post by missthang35 » 30 Nov 2014 13:23

You and me both Andy

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#30 Re: TV Lisence Fine Marston Bailif Help!!!

Post by Munkeybouy » 18 Nov 2015 00:26

Can I ask I know it is old but can you part pay a fine and do it that way or does it all need to be in one lump sum

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