Marston 2 x Speeding fines!! Bailiffs

[fransuzette]

No clue what to do! Looked around on this site and been advised to start my own thread x x

 

I received a letter from Magistrates court for fine £175 plus £15 costs and £60 costs. (no idea what costs are for). Saying the court has made a collection order to collect the sum due. dated 6th march 09.

 

I then received a letter from Marston dated 7th may 09. to pay £250 plus £50 bailiff fees. saying they had possession of a magistrates court order. Saying to pay in full in 7 days or they will come to my property.

 

I got a letter today 9th june 09. says hand delivered on envelope..(I have been in all morning and no one knocked on my door) p.s. I live in a house with 9 flats, there is a front door that has a code to get in. The letter is a removal notice. It says to pay £475 immediately or they will come back with a lock smith and remove goods even if I am out!! as in accordance with law!! And further fees added will be no less than £150.

 

They left a mobile num: but I will not be ringing them! or letting them in. I have moved my car also.

 

The second speeding fine is similar, but as yet I have not received a removal notice. Just £120 for the fine £35 cost £15 costs from magistrates court, then letter from marston with £50 bailiff fees.

 

Now from what I have read, I should wright to the courts and offer an affordable payment without the bailiff fees. What about the court costs??

Also how do I stop the bailiffs??

 

I cannot afford all of this, but can afford to pay some each week?

 

All advice appreciated x x x

[patdavies]

If these fines arise from speeding, then it is also likely that your driving licence has been revoked since you have not surrendered it for the penalty points to be applied.

 

Did you not receive the court summonses for the offences?

[pin1onu]

You need to ring the court and find out what the matters relate to as a matter of urgency. It sounds as if you have been tried and convicted in your absence.

 

As Pat has said did you receive a summons? If you didn't then you can apply to have any convictions set aside and the case re-heard. Your local magistrates court will be able to help in this regard. It will involve making a statutory declaration.

[fransuzette]

I sent my driving licence in and have received points. I am willling to pay but cannot afford it all. thought of wrighting to them and offering an affordable amount x

[patdavies]

I believe that only the Court can vary the order; it is them that you need to contact.

[fransuzette]

Am screwed! Have to pay £475 for 1 fine in full and other one in £50 installments or I will get a warrent for my arrest!!! CAB told me this?? What do u think?? Any ideas where I can get this kind of money!!!!!!! Ha Ha oh I know the money tree I saw the other day!!! On the other hand if I paid it in first place I prob would not be in such a predicament! Thanks for all ur help x x

[lamma]

bailiffadviceonline - very highly regarded. CAB - not highly regarded.

[tomtubby]

You need to ring the court and find out what the matters relate to as a matter of urgency. It sounds as if you have been tried and convicted in your absence.

 

As Pat has said did you receive a summons? If you didn't then you can apply to have any convictions set aside and the case re-heard. Your local magistrates court will be able to help in this regard. It will involve making a statutory declaration.

 

If you did not receive the summons then you can file a Statutory Declaration to have this SET ASIDE. This will also involve the points on your licence being REMOVED.

 

Can you confirm whether you received notification of the summons ?

[fransuzette]

I received a summons am afraid. So I guess there is not much I can do. I ended up ringing the bailiff, as I was told they can legally enter my property as it is a criminal offense, even if I am not here. I have to pay by tomorrow!! this sucks! Thanks for all your help guys, but I think its my own fault for being so up in the clouds. x x x x x

[PPC $ cambuster]

Are you saying they told you : "Speeding is a criminal offence" ??

[fransuzette]

I think they said that it can become a criminal offense if I do not pay, as speeding is an offense and the bailiffs have a right to issue a warrent for my arrest or break in to my home?? Am just so confused by it all x x

[Bernie_the_Bolt]

Are you saying they told you : "Speeding is a criminal offence" ??

 

Why would that surprise you? It's perfectly true.

[GrandMasterOrge]

Pretty sure they can't break and enter but they can enter without damaging your property - like through an open window.

 

Someone correct me if I am wrong.

 

I had a similar situation and asked to speak to the fine support officer at my local magistrates court, I made an appointment with her and went down to see them. Explained myself in Mags court and they reduced it back to the original £60, they were very nice about it.

 

From what I can gather in this thread have you just literally ignored all the post that you have been receiving? Like increased fines and threats through the door that you are aware of but just ignored that has got you in this situation?

 

Cheers and good luck!

[PPC $ cambuster]

I didn`t think Bailiffs could issue a warrant for arrest, that is done by the courts and executed by the Police, none payment of fines can get you arrested eventually but I would not believe a word of anything a Bailiffs says, they are only interested in getting money from you even if it means telling lies to get it. I would ring the court and try and get some sort of payment sorted out before these scumbags try and steal your property.

[PPC $ cambuster]

Why would that surprise you? It's perfectly true.

 

 

I thought motoring offences were not considered Criminal (apart from Drink Driving). they do not show up when doing a CRC on someone

[Bernie_the_Bolt]

The offence is criminal.

However, payment of a fixed penalty does not result in a criminal conviction. Only if disputed and taken to court will a criminal conviction result.

This NACRO document spells it out.

[fransuzette]

Well CAB saidthey are legally aloud to bring a locksmith because they are court appointed warrant officers. Yes I have ignored some letters. Not all of them, I signed to say I was speeding and sent my licence in. Spoke to court...nothing they can do. Spoke to bail.iff office...nothing they can do. Spoke to Bailiff...will accept 2 installments!! Best I can do hey ho xx x

[PPC $ cambuster]

Wow,yet another erosion of rights, I wonder how many choose not to fight a fixed penalty notice because of this !