Marston Removal Notice

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Sisal79
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Joined: 07 Apr 2018 16:52

Marston Removal Notice

Post by Sisal79 » 07 Apr 2018 17:29

Hi there,
I received a removal notice from Marstons advising me to pay £513. I haven’t lived at that address for 18 months and have not received any correspondance regarding the road traffic fine from May 2017 as I forgot to update my DVLA logbook and did this in August 2017. By chance the letter from Marstons got forwarded to me yesterday by the new tenant, all other letters including fines from the council did not get forwarded to me and were thrown away by the new tenant.
What are my options as I can’t afford £513. I spoke to the council and they said I have to deal with the bailiff. Marstons said I need to pay immediately, if not my car will be ceased.
Any advice what I should do?
Many thanks

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Schedule 12
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Re: Marston Removal Notice

Post by Schedule 12 » 07 Apr 2018 18:25

You appeal the Penalty Charge Notice (PCN) and that will stop the enforcement power.

Your grounds are that you did not get a Notice to Owner (NTO) and attach evidence of your change of address. The Traffic Enforcement Centre will wind back the PCN to the NTO stage where you can appeal the contravention or pay it at the original amount.

This article gives the procedure to appeal a PCN:

http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm

The enforcement power stops in real time when you have emailed the completed appeal forms to tec@hmcts.gsi.gov.uk on any day of the week. Paragraph 8.1 of Practice Direction 75 of the CPR's

The bailiff cannot take an enforcement stop after that. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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Sisal79
Posts: 3
Joined: 07 Apr 2018 16:52

Re: Marston Removal Notice

Post by Sisal79 » 07 Apr 2018 18:53

Thank you so much for your reply. Just one other question, will I not get into trouble for delaying the change of address of my vehicle as I forgot to do this but did it a few months later. I have read there is a £1000 fine for not updating the address.
Many thanks

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Schedule 12
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Re: Marston Removal Notice

Post by Schedule 12 » 07 Apr 2018 20:57

That is bailiffs excuse for failing to give notice.

Ignore it.
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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Sisal79
Posts: 3
Joined: 07 Apr 2018 16:52

Re: Marston Removal Notice

Post by Sisal79 » 09 Apr 2018 11:59

Just one last question,
After I have emailed the PE2 and PE3 forms, do I wait to receive the original PCN or do I pay the original amount directly to the council. All I have is the PCN number as I called the council and asked them, I haven’t got any other documents as they were sent to my old address. I went online and found what the charge is for my traffic offence. All I have now, is the removal letter from the bailiff.
Many thanks

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Schedule 12
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Re: Marston Removal Notice

Post by Schedule 12 » 09 Apr 2018 14:16

You wait until the TEC gives notice of the outcome of the appeal.

Until then, the enforcement power is suspended.

If you get a bailiff and the TEC failed to give notice of the outcome of the appeal, then contact me. We can do somehting about it.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Sisal79
Posts: 3
Joined: 07 Apr 2018 16:52

Re: Marston Removal Notice

Post by Sisal79 » 10 Apr 2018 13:56

Many thanks for all the info, much appreciated :))

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