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Help with Marstons and husbands unpaid parking Fine


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Hi,

my Husband had received a letter from the bailiffs

due to him not permanently being here, I opened the letter

 

It stated to contact the bailiffs office to set up an arrangement for payment,

which I did a week ago via email.

I received an acknowledgement of the receipt of the email.

 

Today a bailiff called at my house asking for my husband

to which I replied he wasn't here and I couldn't contact him, at no point did I let him in.

 

He then handed me a letter asking me to pass it on to my husband

or if I could forward a number for my husband, which I said I doubt I could.

 

I said to him that I had sent an email to the bailiff office and I could prove it

but he didn't really seem interested.

 

I don't really know what to do next

I hope someone can advise?

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What's the debt all about

And who is the bailiff co.?

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just so we have the full picture ...could you expand on why your husband isn't at home and why you cant contact him ?

 

The answer to the above will facilitate the correct advice.

 

Regards

 

Andy

We could do with some help from you.

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Hi, my Husband had received a letter from the bailiffs due to him not permanently being here, I opened the letter

 

It stated to contact the bailiffs office to set up an arrangement for payment, which I did a week ago via email. I received an acknowledgement of the receipt of the email.

 

Today a bailiff called at my house asking for my husband to which I replied he wasn't here and I couldn't contact him, at no point did I let him in.

 

He then handed me a letter asking me to pass it on to my husband or if I could forward a number for my husband, which I said I doubt I could.

 

I said to him that I had sent an email to the bailiff office and I could prove it but he didn't really seem interested.

 

I don't really know what to do next

I hope someone can advise?

 

As Andy has mentioned above, if you could provide some background information that would assist us with our responses. For instances:

 

What type of debt is this relating to? (Court fine, council tax arrears, unpaid parking debt, County Court judgment etc)

 

Does your husband normally live with you?

 

Was your husband aware of the debt?

 

Is there a reason why you submitted a payment proposal instead of your husband?
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The issue is that you are third party to the debt, so the bailiff should not even be discussing the debt wih you let alone arranging a payment. As per BA what is the residential status of your OH?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi,

The debt is for an unpaid parking fine

The bailiff is Marston

My husband did normally live here but hasn't for a few weeks now.

When I opened the letter, to be honest I just didn't want a bailiff knocking on the door which is why I emailed the company, I used email because I though I would have proof. I would then eventually sort the money out with my husband.

The debt is for £512 now, it was lower than that when I emailed the company..

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Hi,

The debt is for an unpaid parking fine

The bailiff is Marston

My husband did normally live here but hasn't for a few weeks now.

When I opened the letter, to be honest I just didn't want a bailiff knocking on the door which is why I emailed the company, I used email because I though I would have proof. I would then eventually sort the money out with my husband.

The debt is for £512 now, it was lower than that when I emailed the company..

 

Who are Marstons acting for ? I presume a local council.

 

The parking penalty is not yours to deal with or pay.

 

Marstons have no right to enter your house or to ask you to pay. But they might target any car on your driveway and argue that it is joint property. Do you have a car parked near the house ? If so, you might want to ensure it is kept away from the house or in a locked garage.

 

If Marstons attend, you should keep the door closed and locked. You don't need to speak to them.

 

All you can do is advise Marstons and the council the parking ticket is owed to that your husband is no longer at the address and as soon as you know where he is, that you will inform him about this. This won't stop Marstons visiting because they will believe he still lives at the address and is refusing to pay the parking penalty.

We could do with some help from you.

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Hi,

The debt is for an unpaid parking fine My husband did normally live here but hasn't for a few weeks now.

 

The debt is for £512 now, it was lower than that when I emailed the company..

 

A slight correction (which has been highlighted by Unglebulgaria) is that this debt is not for a parking fine. It is for a penalty charge notice (in other words, a local authority parking or CCTV contravention).

 

Given that your husband was living with you until just a few weeks ago, it would seem that he would have received the Notice to Owner, Charge Certificate and Order for Recovery from the relevant local authority. Accordingly, he would have known of this debt and the implications of non payment.

 

The visit would only have been made if your husband failed to agree a payment proposal by the end of the Compliance period. This is the date stated on the Notice of Enforcement that you recently responded to. As you had emailed the company, (as opposed to your husband calling their office), a payment arrangement was not agreed by the date provided. This has led to a personal visit and the debt increasing by £235.

 

If your husband has a car he needs to be careful as the vehicle can be detected by the enforcement companies ANPR system. The warrant also has the vehicle registration number on it and this makes identification of his vehicle that much easier.

 

What payment proposal did your put forward?

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Hi, thank you for your response,

my husband doesn't have a car and neither do I.

I have just received an email back from Marstons this morning, stating that it is now with the enforcement agent and that they have passed the email to him.

That my husband needs to contact him to settle the matter.

In the email I sent I did offer £50 per month with immediate payment as the debt then was just over £200.

Now the debt is £500 I really can't have the baillif keep knocking, so maybe try to negotiate an arrangement

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Hi, thank you for your response,

my husband doesn't have a car and neither do I.

I have just received an email back from Marstons this morning, stating that it is now with the enforcement agent and that they have passed the email to him.

That my husband needs to contact him to settle the matter.

In the email I sent I did offer £50 per month with immediate payment as the debt then was just over £200.

Now the debt is £500 I really can't have the baillif keep knocking, so maybe try to negotiate an arrangement

 

Up to you, it is not your parking penalty.

 

The enforcement fees will still be due, as no payment arrangement was entered into by your husband before the 7 days expired on the notice of enforcement.

 

I suspect Marstons will ask for £100 a month to clear the total including their fees within 5 months.

 

Wait to see what Marstons say and if you can't resolve post back.

We could do with some help from you.

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Hi, thank you for your response,

my husband doesn't have a car and neither do I.

 

Has your husband ever had a car, perhaps recently sold ?

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Hi, thank you for your response,

In the email I sent I did offer £50 per month with immediate payment as the debt then was just over £200.

Now the debt is £500 I really can't have the baillif keep knocking, so maybe try to negotiate an arrangement

 

In almsot all payment arrangements set up during the Compliance stage, the enforcement companies would normally be looking for an immediate payment of usually 20%-25% of the debt and in most cases, they would insist that the remainder is cleared within 3 or possibly even 4 months.

 

Once the account has passed the 'compliance stage', the debt is then allocated to an individual bailiff and this is where the position changes, in that the purpose of the visit will be to 'take control of goods' (belonging to the debtor). Fortunately, neither you or your husband have a vehicle so at least the threat of a vehicle being taken in removed.

 

It is much harder to secure a payment arrangement once the account has been allocated to an individual bailiff. He would not want to delay payment of his commission. However, on the other hand, it is much easier to secure a payment arrangement is vehicles are not available.

 

You will need to consider increasing your payment proposal.

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This isn't your debt. Depending on the circumstances with your husband, there is no earthly reason why you should be making any repayment proposal at all.

 

The debt would only increase if they were able to take control of goods and things moved to the next stage - impossible if they are not given access. Bailiffs can visit as many times as they want, but if they don't get in, and there is nothing of value outside, the debt should not increase, so don't worry about it spiralling.

 

Did your partner own a vehicle (it does not have to be a car) which he sold recently? Does he allow anyone else to register a vehicle in his name?

 

As said above, we don't know the circumstances between yourself and your husband, but it is really in your interests to engage with the enforcement company either to try to reach a payment arrangement if your husband is expected back, or to tell them he no longer lives at your address if you are not expecting him to return. You are right to keep things in writing, whether this be email with the enforcement company, or text message with an enforcement agent.

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Thank you,

We haven't owned a car for a long time.

I understand the debt is not in my name and because we have no vehicles, it's hard for the bailiff to take any goods and he's definitely not coming in.

I just don't want the constant harassment of a baillif knocking.

So I think maybe text the bailiff and ask him if he has received the email from his company that I sent and then try to set up an arrangement with him.

Because I could send letters to Marstons and the local authority stating my husband isn't here, but this is still his registered address, so would they really take much notice of the letters?

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Thank you,

We haven't owned a car for a long time.

I understand the debt is not in my name and because we have no vehicles, it's hard for the bailiff to take any goods and he's definitely not coming in.

I just don't want the constant harassment of a baillif knocking.

So I think maybe text the bailiff and ask him if he has received the email from his company that I sent and then try to set up an arrangement with him.

Because I could send letters to Marstons and the local authority stating my husband isn't here, but this is still his registered address, so would they really take much notice of the letters?

 

Hi

Thanks for that, just to be clear, is it the case that the car in question was not owned by your husband at the time f the offense ?

 

DB

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

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Hi

Thanks for that, just to be clear, is it the case that the car in question was not owned by your husband at the time f the offense ?

 

DB

 

 

That is the key question.

 

If her husband did not notify DVLA of the sale or the new owner has not registered with DVLA, the car might have been driven around for ages picking up parking tickets or worse,

We could do with some help from you.

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Sorry to clarify, the parking offence was in a work van

 

I see so your husband was not the registered keeper, it was the firm he worked for ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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The Notice to Owner would have been sent to the company from whom your husband leases the van as they were the registered keeper. Do you know whether your husband was aware of the Notice to Owner, or was the first he would have known about it the letter which arrived at your house?

 

This is important as there is a discounted period of two weeks, during which your husband could have paid the 'fine' (PCN) at a reduced rate. If he did not have this opportunity, the ticket should be appealed.

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It is not straightforward without knowing more details, which you may not be able to supply. In an ideal world, the registered keeper (RK) would have paid the PCN, then reclaimed it from your husband. This would not usually involve bailiffs. However, there can be an issue there of hirers complaining that they have been denied the right to appeal tickets, so often the company may (or may not) transfer liability for the PCN to your husband - the PCN would have been incurred either through him being caught on CCTV, or through the Notice to Owner after a PCN is placed on the vehicle.

 

Do you have any way of knowing what the details are regarding your husband's hire / lease agreement with the company for whom he works?

Edited by Coughdrop
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It could be the case that although the company may be the owner, there may be a lease arrangment with the husband where is endowed with the logbook and is the registered keeper.

 

My son has such an arrangment with his employer.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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My husband isn't the registered keeper, he does work for a courier company and he has had an issue as the previous fine had gone to the company who then took a £25 admin fee, which then eventually the fine was sent to my husband and it got paid.

I really don't know what's happened with this one.

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