HELP!!!!!! Please .......

My 16yr old son went through a bus lane back in November 2017 on his motorcycle, the first we knew about it was when we received an notice of enforcement totalling £175 through the post from Marston’s on 29th March 2018 but the letter was giving us until 25th March to get in touch for a payment arrangement.

We rang them and explained that this had been received after the date to come to an arrangement and this is the first time we had known about the fine. They were most unhelpful saying that the full amount needed to be paid to stop further action. I asked for evidence of the offence and they did not have this and suggested I speak to SWindon Bpurough Council.

This we did and also they were inhelpful saying this was now passed to marstons who were dealing with it now. We explained that had we received the PCN’s we would have paid the priginal fee of £30. They had no photographic evidence as there files were now closed on this and everything was with marstons. We filed an out of time order with the TEC had no response and now we have a removal notice today for £408.

My son is on full time education does not work as he helps me at weekends as I e just been diagnosed with cancer. He has no way of paying this and marstons will not accept an arrangement they only want full payment. I’m happy to pay weekly to stop this action if only they’d listen. My son no longer has the motorcycle as he sold it to use for tools for his college.

Can someone please help or advise. I know the usual keep doors and windows locked but I need a solution to the problem.

Hello and welcome to CAG. People should be along over the course of the evening with advice for you.

I've popped a few paragraphs into your post to make it easier to read.

Best, HB

Moved to the bailiff forum

 

We filed an out of time order with the TEC had no response and now we have a removal notice today for £408.

What date was the Out of Time application sent to the Traffic Enforcement Centre?

Hi there, This was sent on 3rd April and the reply said it takes 10 working days to process, I rang on 17th and was told it was still being processed not to call as when a decision is made we will be informed. We received nothing until the bailiff put the removal notice thru.

Can a 17 year old be liable for a debt?

I’ve been told he is, I’ve rang several of these companies that say they can help with bailiffs and pcn’s but theres nothing they can do because he’s in full time education.

Hi there, This was sent on 3rd April and the reply said it takes 10 working days to process, I rang on 17th and was told it was still being processed not to call as when a decision is made we will be informed. We received nothing until the bailiff put the removal notice thru.

You mention that you had a reply advising that it would take 10 days to process the Out of Time application. Can you tell me who the reply was from as this information isn't correct.

This was an automated reply

I just need to know how I go about a payment plan with the bailiff who is not prepared to discuss such a thing only full payment. And marstons themselves keep saying they do not do payment plans I have to speak to the bailiff I’m getting nowhere. Surely there’s someone on here that can help me

You are in the driving seat here.

The Bailiff may only take control of goods belonging to the debtor

- I assume your son has not elevated himself to works of art or rolex watches yet.

The next plan will be for them to try and force you to pay

- quite a common ploy as a lot of parents will do this.

Do not be misled by them saying they can force entry to remove goods

- they cannot in this case

- unless they have been allowed in previously and would strongly suggest you do not allow this.

They can however remove goods from outside

- car, quality garden furniture etc but doubt your son has any of this.

Get to the stage and the Bailiff is stuffed

- if he wants paying then he must accept what he is offered whether he likes it or not.

The alternative is the Warrant is returned to the Client (Council) and all the fees will be wiped meaning he gets zilch.

Thankyou, so am I right in saying they cannot legally make me ( the parent) pay as the debt is not in my name, however due to the situation I am offering to pay a regular amount to them so they get there money.

This was an automated reply

You mention that you had a reply advising that it would take 10 days to process the Out of Time application. Can you tell me who the reply was from as this information isn't correct.

The automated reply is merely to advise you that it can take 10 working days to process responses from the Local Authority.

A little known fact is that when an Out of time witness statement is submitted to TEC, a copy is then sent to the Local authority and they have a period of 19 business days (a month) to decide whether or not to give permission for the witness statement to be submitted late (out of time). They will respond to TEC with their decision. It can take 10 working days for TEC to process their response.

if the local authority are not willing to give their permission, the application will be passed to a member of staff at TEC. That person will review the reason given on the Out of Time witness statement against the councils reason for refusing the application. A decision will then be made. You will be sent a letter by the Traffic Enforcement Centre advising of that decision.

Using the above example, you will hopefully understand when an Out of Time witness statement is submitted that the case is placed on hold for approx 6 weeks (much shorter with Dart Charge).

As I understand it from your above posts, you have NOT as yet received a response from the Traffic Enforcement Centre and in fact, TEC have confirmed to you in a telephone call that they have not finished processing the local authorities response. Therefore, the case should still be on hold and if so, it is somewhat premature for you to be approaching Marston with a payment proposal.

 

 

Thankyou, so am I right in saying they cannot legally make me ( the parent) pay as the debt is not in my name, however due to the situation I am offering to pay a regular amount to them so they get there money.

 

 

Technically they shouldn't be talking to you anyway as you are not the debtor. As for your son then there is no law that states he has to talk to a Bailiff. If he knocks on the door you are within your rights to just close it in his face - providing of course you can then ignore the repeated knocking/hammering that will ensue. Put quite simply if you are prepared to pay then tell them you will pay £xxx every week/month take it or leave it. I'll guarantee they won't be happy but that's their problem - if it were me if they refuse then I would lower my proposal each time until eventually they have to take it or leave it.

Yes technically they don’t, but my son has given a password to marstons giving me permission to discuss this. Thankyou for your advise much appreciated

 

 

if so, it is somewhat premature for you to be approaching Marston with a payment proposal.

 

 

from Post 1 - We filed an out of time order with the TEC had no response and now we have a removal notice today for £408.

It appears Marstons have now made a visit suggesting the matter is now "off hold".

from Post 1 - We filed an out of time order with the TEC had no response and now we have a removal notice today for £408.

 

It appears Marstons have now made a visit suggesting the matter is now "off hold".

I quite agree that it is an odd situation and more so given the telephone conversation that the OP had with the Traffic Enforcement Centre where they confirmed that they have not as yet processed the local authorities response. Maybe another call to TEC is necessary.

Probably already with sharkstons before TEC contacted originally. Can a bailiff actually enforce against a minor?

The above url does not work so to get round you can do a search for "A guide to age related legislation "and look for the pdf file that commences "research briefings".

OOPs I have a missing post. Just before post 19 I showed a statement taken form the House of commons library which stated quite clearly that debts of those under 18 are unenforceable.

I do not know who you asked about that on your post 7 but if it was the bailiff company they would say anything to avoid losing their money.

sorry tthat was my bad

I tried to sort the linkfor you and iit looks like it didn't attach again.

here the link you posted

http://researchbriefings.files.parliament.uk/documents/SN07032/SN07032.pdf

I rang marstons again yesterday in a last ditch attempt to come to an arrangement and was told it needs to be paid in full and I need to speak to tgd bailiff direct.

I emphasised the fact my son has no assets, lives at home no job but in full time education and the lady told me they would still pursue.

Am I right in saying I can go back to marstons then and say that because my son is 17 they cannot enforce the debt and I can quote that this?

Is there such a letter I can send to marstons and SBC quoting that this is illegal and they cannot enforce the debt!

I seem to be banging my head against a brick wall at the moment all of the info given is fantastic but they will not agree to anything.

I need something to slap them with!

Thanks all

Have you called the Traffic Enforcement Centre to find out the status of the Out of Time application that was made?

Yes I rang them yesterday and the decision was made to continue with enforcement on 3rd May, we were not informed although a letter was apparently posted.

Just imagine how many unpaid debts there would be from motoring offences etc if enforcement could not take place. No 17 year old in his right mind would pay parking tickets, go up and down one way streets - in other words put two fingers up to the world.