Can Marston come back for a paid fine ??

We might be able to work it out.
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steven
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Joined: 06 Jul 2016 19:28

#1 Can Marston come back for a paid fine ??

Post by steven » 08 Jul 2016 16:20

In march my partner open our door to be pushed aside , by two very large Marston holdings enforcement agents, we live in a maisonette with stairs directly behind the front door. They entered property without any warning pulling down curtain poles ripping out tumble dryer removing goods down our stairs and putting goods in our front garden , with no proof of identity or writ papers . They demanded £1234 pounds , my partner was crying she had recently been diagnosed with cancer , I pleaded for time just to get told if I don't receive full payment we are legally removing goods . I called a friend who had 800 pounds and made a payment, and I used our rent money and payed the balance 434,still while we waited for there super slow machine the other thug was still ransacking our home. To say it was traumatic would bean understatement. All this was for doing 37mph in a 30 zone in 2011. A sixty pound fine and three points.i rang visa and told them what had happened about the abuse we received and damage they had done and they put the 434 back in my account and they said they would deal with it , I complained to Marston and sent them pictures of the damage they had done,they just sent me a letter saying the monies owed was paid and that is the end of the matter.but now they are saying I owe them £434 and to be expecting a visit when there next in the area.not only have they left us broke we are now living on our wits end,any tips or advice would be really appreciated thanks

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Pote Snitkin
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#2 Re: Can Marston come back for a paid fine ??

Post by Pote Snitkin » 08 Jul 2016 18:03

Do you have paperwork whatsover regarding this? Did you pay the fine at the time. If not, were you aware of any subsequent court hearings?
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Schedule 12
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#3 Re: Can Marston come back for a paid fine ??

Post by Schedule 12 » 08 Jul 2016 18:56

steven wrote:In march my partner open our door to be pushed aside , by two very large Marston holdings enforcement agents,
Enforcement fails because that is a breach of Paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcmedent Act 2007, which states;
  • (2)A power to use force does not include power to use force against persons, except to the extent that regulations provide that it does.
You can sue for damages for everything that follows by bringing an action under Paragraph 66(1) of Schedule 12.






steven wrote: we live in a maisonette with stairs directly behind the front door. They entered property without any warning, pulling down curtain poles
As the bailiff was not acting in execution of duty, the bailiff is personally liable for an action under section 1 of the Criminal Damage Act 1970.

Police might say bailiff crime is a civil matter, but the legal profession has a nifty way around that and get the CPS to prosecute the bailiff. The criminal complaint MUST be made in writing.



steven wrote: ripping out tumble dryer removing goods down our stairs and putting goods in our front garden , with no proof of identity or writ papers . They demanded £1234 pounds , my partner was crying she had recently been diagnosed with cancer , I pleaded for time just to get told if I don't receive full payment we are legally removing goods . I called a friend who had 800 pounds and made a payment, and I used our rent money and payed the balance 434,still while we waited for there super slow machine the other thug was still ransacking our home. To say it was traumatic would bean understatement.
I think this needs to be addressed in a formal complaint about the fitness of the bailiff. This is called an EAC2: http://www.dealingwithbailiffs.co.uk/Ba ... plaint.htm

You can't sue a bailiff for trespass because of paragraph 66(2) of Schedule 12, but as there is a breach of 24(2) of Schedule 12, you can bring an action against the bailiff under sections 1 & 3 of the Torts (Interference with Goods) Act 1977.




steven wrote: All this was for doing 37mph in a 30 zone in 2011. A sixty pound fine and three points.i rang visa and told them what had happened about the abuse we received and damage they had done and they put the 434 back in my account and they said they would deal with it , I complained to Marston and sent them pictures of the damage they had done,they just sent me a letter saying the monies owed was paid and that is the end of the matter.but now they are saying I owe them £434 and to be expecting a visit when there next in the area.not only have they left us broke we are now living on our wits end,any tips or advice would be really appreciated thanks
Can you show what documents you have been given? I think you can bring a detailed assessment hearing and ask the court to qualify the bailiffs fees.

From what you have told us so far, you have multiple avenues to bring legal action. It will cost you nothing because costs are paid by the bailiff company because they breached multiple aspects of the Schedule 12 enforcement procedure.

If you would like to start work and have a solicitor to take care of the bailiffs for you, and put it all through the courts. Start by setting up a telephone consultation and I'll explain how it's done.

I will need a first hand witness statements and evidence of all bailiffs documents. We can get the police 999 calls and execute a Part 31 Standard Disclosure on the bailiff company to recover the bodycam footage and documents they hold about you. If the bailiff company fails to produce then you have a guaranteed win.
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