Marston REF Unpaid Speeding Fine. Help needed please!

[leebrooker]

Hi everyone

 

i hope i am in the right place here for this thread.

 

I have read through loads of threads and posts to do with martson certified baliffs. This is my situation, i have 48 hours!!

 

i have a notice of distress for an unpaid speeding fine from marstons for £495. first letter posted through door by hand dated 30th july 2009.

 

took inventory on my car for the distress, the car is on hp. told finance company they said marstons cannot do this.

 

Got card through door this morning from marstons and another sticker on the car stating pretty much the same as 4 days ago but this time quoting the schedule 4a.......

 

i rang the ape at marstons (sorry!) and asked him where i stood. He grunted a few times but taht was about it. My neighbour also said that this bloke asked her if i was in, where i was and if i had another car as mine was sat there. He also did not say who he was or anything. when she asked him if she could take a message he said no and left, but came back 10 mins later and sat outside in his car (i was at work) she took his reg plate number as she thought he was trying to steal the car!

 

when i asked the ape about this he denied talking to her and said why would he as he new it was my car, i said then who spoke to her then? he stuttered but we got no further in that.

 

told him that i wanted this to be refered back to the court as i think there has been a mistake. I had sent off the fine payment of back in april 09, but it came back asking for my paper license copy too. Didnt know where this was, my fault yes i know, had a personal issue to deal with around this time and ill be honest it went to the back of my mind till marston hand delivered the letter on 30th july 09.

 

basically the ape told me that i have 48hrs to stop the warrant or pay up or he will break in and carry out what he needs to do. I have 3 kids in the house and we are panicking just a little as these guys seem not to care a jot and do not listen. why break in when he has "seized" the car which is worth more than the debt (£4000)

 

does this stand at all as he has "siezed" something illegally...? (the car not being mine as its on hp)

 

im a recovering alcoholic and am trying very hard to pay back the finacial damage i caused in my past. Im not running from these people i just want to sort this one out before the next one lands on my doorstep :-|

 

can someone please help, i know it sounds a bit light hearted but honestly im getting really down about this, i can handle equita fine, those people although at first scarey soon backed off when i told them i knew my rights. but marston im not familiar with at all.

 

Please help!

 

Thank you

 

lee

[lets fight bailiffs]

They can't take your car on HP i would play there game just stick a notice in the car saying this car is on HP and send them a copy of the HP docs.

 

And how did they catch you speeding ? now i am asking this because there was a court case where a lawyer took a gatso in to court and pointed it at a wall twice and it gave two speeds and the guy was stood still.

and when was the affence ?

[leebrooker]

hi lfb thanks for the quick reply.

 

the fine was from a court order or conviction back in april 23rd 09 i had also moved twice since then and not on purpose, not forwarded my address to everyone! the speeding fine was from a moblie gun and im not disputing the 49 in a 40 zone, i did speed! not much much heyho!

 

Mthe thing that is worrying me is the whole schedule 4a, breaking in with a locksmith stuff and the talking to my neighbour about me. Is there anyway at all i can get this refered back to the courts to arrange installments..? i will pay this fine im not worried about that im just really worried sick about the whole forced enrty thing. This guy seems like a bloody terminator! wont stop till he gets what he wants!

 

everything in this house is not mine and i am in process of drafting up an inventory to prove this if i show this to the ape in question will this be enough...? what chance have i got getting the court to lift the warrant so i can pay them in installments..?

 

im at a bit of a loss with this one

 

thanks again for the quick reply, i am grateful for all help

 

cheers

 

lee

[lets fight bailiffs]

Firtley I would dispute the case as to the mobile gun, but if you dont want to go down that road then that also OK, is the house rented if yes is it furnished on the lease agreement if the bailiff has got nothing to take then he has to hand it back to the court.

recovering alcoholic and am trying very hard that my freind is a good thing and needs a i have respect for that.

[leebrooker]

thanks lfb. the house is council but all stuff inside is stuff i have gathered up after the last clear out i had at my old flat from other baliffs! (i didnt know my rights at first so they got it all but my sons stuff and the usual things they would call essential!) it was just my 8 year old then and me.

 

My son and i live with my partner and her 2 kids now in this here 2 up 2 down! she understands that i have a past to bear and there are things that will rear their ugly head from the "fuzzy ol days" but she dont deserve to have our stuff taken, its not fair on her, me ive been there before and although not nice ill cope.

 

I was going to draft up an agreement that puts all household goods in someone elses name and a contract that says im renting them back for x amount per month...? would this stand..?

 

Thanks for the lfb ive been sober a couple of years now and its really good to finally half a life back for my sons sake aswell as mine. we did go through a lot in the past and although things are good in my life now, unfortunately the finacial side takes much longer!

[lets fight bailiffs]

is the house in your name or your partners or both.

it is not ilegal to move things out of the way before the bailiff sees it

you could sell the goods although these peaple take first think later.

[leebrooker]

the house is in my name only lfb and the baliff has not seen anything inside the house as yet. im thinking of sending the copies of the "ownership of the goods" of the house and the "contract" to the baliff first before he gets here with his locksmith! not got long there!

 

other option is to get the court to lift the warrant, i think they are my only options here.

[lets fight bailiffs]

OK the only way to do this is go to the court and have judgment set aside and the reason for this is that you moved home and not had the letters in order for you to sort this out as you have moved also send a letter to the bailiffs explain that you have never had a warrant or a court order and you wish that this be sent back to court for means testing

and always put in your letters (you do wan't to pay the debt) are you on any benefits IE JSA tax credits or working tax credits if so you also need to make it very clear that you are classed as vulnerable and why you are and demand this is taken back to court dont ask.

[hallowitch]

have a read of this you may find something in this to help you

http://www.hmcourts-service.gov.uk/c...orms/ex345.pdf

[tomtubby]

OK the only way to do this is go to the court and have judgment set aside and the reason for this is that you moved home and not had the letters in order for you to sort this out as you have moved also send a letter to the bailiffs explain that you have never had a warrant or a court order and you wish that this be sent back to court for means testing

 

LFB. These were my thoughts entirely but sadly this will not be accepted.

 

We have seen many such cases where a fine had been incurred (normally for a speeding offence) and where documentation has gone to a previous address. In cases such as this it is a simple matter of filing a STATUTORY DECLARATION. This will cancel the fine by rewinding the process and any points on a licence will also be cancelled.

 

HOWEVER....

 

For this to succeed the debtor MUST file a Statutory Declaration WITHIN 21 days of BEING MADE AWARE of the fine.

 

In this case as a payment had been made in April (which was returned) then it would be very difficult indeed to file a Statutory Declaration.

 

This does not stop a person going to the Magistrates Court to ask for a Means Hearing. This will involve completing a simple Income & Expenditure.

 

What is immediately required is that a LETTER needs to be sent to Marston Group to advise that you are not refusing to pay and that you want to spread repayments over 6 months. This is the maximum period allowed in these cases. You need to say as well that you live in a local authority owned property and that with the exception of nominal items of little value all goods are owned by your partner.

 

PS: You need to also provide evidence that your vehicle is subject to HP and request as well that all charges associated with this "levy" are removed.

[leebrooker]

hiya

 

thanks for the help you have all been really great. i am typing with one hand and ringing the court with the other as i speak! ill let you know what happens

[lets fight bailiffs]

Please do

 

thanks

[leebrooker]

been ringing the court a hundred times with no answer

 

i have drafted a letter for marstons as follows...

 

I am writing to you in reference to the distress warrant ref. ********

It is apparant to me that I have never recieved a court order or warrant for the above offence. After discussing this with you on the phone yesterday 3rd August is has now become clear that all correspondence was sent to **************. I have not resided at ***********for a long time thus only became aware of this when I recieved your letter dated 30th July 2009. As far as I was aware this fine was paid in full.

 

For this reason I wish for this judgment to be sent back to the court for means testing.

 

At this stage I would like to make it very clear Mr Blackmore that I am NOT refusing to pay this debt.

 

I would also like to add that *********is a council property and the goods held within which are mine are of little value. Evidence to support this is included with this letter.

With reference to the SAAB reg no. T******the details for the finance company are below

 

******************

 

I will also be contacting the magistrates court in oxford and asking for a means hearing in addition to a demand that this judgment be sent back to the court on the status that I am classed as "Vunerable" being which I am a single parent recieving child tax credits and recovering from alcoholism which is a recognised illness.

 

as I said Mr Bl******* I am NOT refusing to pay this debt

 

Yours Respectfully

 

*****************

 

how does this sound...?

 

also my 48 hours are up tomorrow morning. what are the chances of this guy entering the property...? where do i stand basically! eeeek!

[lets fight bailiffs]

been ringing the court a hundred times with no answer

 

i have drafted a letter for marstons as follows...

 

I am writing to you in reference to the distress warrant ref. ********

It is apparant to me that I have never recieved a court order or warrant for the above offence. After discussing this with you on the phone yesterday 3rd August is has now become clear that all correspondence was sent to **************. I have not resided at ***********for a long time thus only became aware of this when I recieved your letter dated 30th July 2009. As far as I was aware this fine was paid in full.

 

For this reason I wish for this judgment to be sent back to the court for means testing.

 

At this stage I would like to make it very clear Mr Blackmore that I am NOT refusing to pay this debt.

 

I would also like to add that *********is a council property and the goods held within which are mine are of little value. Evidence to support this is included with this letter.

With reference to the SAAB reg no. T******the details for the finance company are below

 

******************

 

I will also be contacting the magistrates court in oxford and asking for a means hearing in addition to a demand that this judgment be sent back to the court on the status that I am classed as "Vunerable" being which I am a single parent recieving child tax credits and recovering from alcoholism which is a recognised illness.

 

as I said Mr Bl******* I am NOT refusing to pay this debt

 

Yours Respectfully

 

*****************

 

how does this sound...?

 

also my 48 hours are up tomorrow morning. what are the chances of this guy entering the property...? where do i stand basically! eeeek!

 

add this in your first paragraph

 

under MAGITRATES COURTS ACT,1980 section 14 criminal procedure rule37.11

 

and dont let them in until they respond to your letter

and dont sign it just put your name on

[%Ostrich%]

I would say that unless you are still in receipt of benefit (such as DLA) in relation to your past alcoholism, you're going to have a job getting the Courts to believe you're "vulnerable" when you have enough stability in your life to purchase a car on finance.

 

 

I would also suggest you remove this sentence from your letter if you plan to lie......

 

As far as I was aware this fine was paid in full.

 

You've already admitted in your opening post this is not the case...

 

 

told him that i wanted this to be refered back to the court as i think there has been a mistake. I had sent off the fine payment of back in april 09, but it came back asking for my paper license copy too. Didnt know where this was, my fault yes i know, had a personal issue to deal with around this time and ill be honest it went to the back of my mind till marston hand delivered the letter on 30th july 09.

 

 

As for the change of address part, I would be willing to bet this will be ignored on the basis you knew about the fine and failed to tell the Court your new address. Remember, this is your fine and was always your responsibility to arrange payment before the Court issued a warrant.

 

The bailiffs won't listen and if the Court won't, you're going to have to sit tight for a few weeks and hope the bailiff sends the warrant back to the court.

[sequenci]

OK the only way to do this is go to the court and have judgment set aside

 

I think this is a Magistrates' court fine rather than a county court judgment.

[lets fight bailiffs]

I think this is a Magistrates' court fine rather than a county court judgment.

 

 

not set aside but statetury decleration

[leebrooker]

hi and thanks again for the replies.

 

i agree that im clutching at straws a little here out of desperation i think! pleading ignorance about the fine paid in full and all that doesnt look like a bonafide arguement when you put it that way!

 

im just at a loss of what to do here. cant pay the 495 in full, im pretty sure the baliff wont let me sit tight either, or refer it back to the court.

 

i shall take the alcoholic bit out too. Not really keen on explioting that side to be honest, again just a snap of desperation there, trying all angles here!

 

had a message from baliff earlier saying the fine was from sept 08 and a couple more details and the court was happy for him to continue with the request, ending with...so mr **** ill see you very soon!

 

watch this space i guess!

 

ill continue to keep you all updated with what happens and a big thank you to all for replying and trying to help me.

 

lets see if i sleep tonight !!

 

heyho!

 

Lee

[lets fight bailiffs]

Hang on a Mo

That sounds like your giving up, the info i give is from my own life and research in law books etc, this is your life and you have to do whatever to get through it you have come a long way over the last few years so why stop now send the letter if it works fine if not you are back to square one you loos nothing by trying but could lose everything if you stop trying this is a dog eat dog world and sitting back will allow andybody to walk over you yes it is your fine yes you should not have been speeding yes you should have paid when it fell due but you didn't,and you owe it to your son and partner to deal with it any way you have to how many MPs have been caught with there hand in the till every one of them defended them self some won some didn't you could just be the one that does.

 

sorry for the rant just a bit wound up now i dont care what anyone say's its your life not there's

 

LFB

[leebrooker]

hi all!

 

im still here!

 

right..... i took heed of the last post from LFB

 

i rang the courts, as it stands i have 2 unpaid debts with them! one speeding fine and a parking offence. not that worried about the parking offence at the mo.

 

managed to get a srtatutory declaration next week for both on the grounds i did not know about them till baliff letter arrived as i changed address blah blah....

 

rang baliff to tell him. he was most displeased and said as it stands its still a live warrant and he will be pursuing it as unpaid. i said whats the point as ive got the appontment for the SD next week, i said im not disputing the offences or refusing to pay. he was really grumpy and siad the car had been registered in my name at the old address for about a year now and i should have changed it. Yes i should have, but i didn't.

 

anyways he is "in my area" thurs, and fri and he will "be in touch" as he put it.

 

I then rang the payments central office and gave them the date of the SD and she said she would let marstons know. I said id already spoke to the baliff and he was not happy, she said no he wont be, your taking his wages away from him!!

 

im drafting a better letter to martsons now and will send it today. could i deem the baliff "harrasment" if he carries on with this warrant even though i told him of the SD next week..?

 

he was really annoyed with me

 

thanks for the kick up the a hole LFB its been a tough week!

 

lee

[lets fight bailiffs]

Well done Lee.

 

I did not want to affend you in any way but somtimes we do need harsh that is life,

 

the bailiff can't go against a stat dec the court is right you have just relieved him of his fees (yipee)

 

not changing you address on your log book is another affence nothing to do with this one DONT LET HIM IN if he comes tell him to

Hope i have helped,

 

LFB

[leebrooker]

hey, no offence taken without you guys and your advice i would be much much wworse off than i am, and probably pulling what little hair i have left out!

 

here is the letter i have sent to marston and also a copy will be pinned to the front door in the morning for the happy bailiff.....

 

FAO Marston Group and Mr ========

 

I am writing to you in reference to the distress warrant ref. ========

 

It is apparant to me that I have never recieved a court order or warrant for the above offence.

Under MAGITRATES COURTS ACT,1980 section 14 criminal procedure rule 37.11

After discussing this with Mr B======= on the phone is has now become clear that all correspondence was sent to ===========, =======. I have not resided at ===========s for a long time thus only became aware of this when I recieved Mr ========='s letter dated 30th July 2009.

For this reason I have requested a statutory decleration which will be held at ====== court on the ==== August.

At this stage I would like to make it very clear that I am NOT refusing to pay this debt.

I would also like to add that ============= is a council property and the goods held within which are mine are of little value.

Any attempt to enter the property of ============= while this matter is back in the hands of the court will, in my belief be seen as harrasment and against the court rules. I will then report the baliff in question to the court who issued him with his certificate.

It has also been noted the baliff in question also discussed the aforementioned case above with my neighbour and has also illegally seized a SAAB == reg no. =========== as this is the property of ========= Finance.

I have spoken to Mr ========= and informed him of the statutory decleration.

As I said I am NOT refusing to pay this debt

Yours Respectfully

 

Lee =======

 

lets see what happens!

[lets fight bailiffs]

the car has not been seized but levyed upon as it has not yet been taken.

 

LFB

[%Ostrich%]

As tomtubby has already pointed out, you are past the 21 day deadline (date from which you became aware of the fine) to make a statutory declaration. If you continue down that road and sign your name on that document you run the risk of further prosecution. It will have been noted on the account that you attempted to pay this fine in April......

[leebrooker]

hi all

 

thanks for the replies. There are 2 judgements against me i found out when i spoke to the court(s) the other day. this one and another less serious one for a parking fine, which was also in the process of being handed over to martsons. I am doing the stat dec on both.

 

I understand a bit more now about the 21 days on the speeding fine, im guessing this one will not go in my favour as ive read in the reply posts!

 

The parking fine i new nothing about! both of these went to my previous address as the car is regestered there. I may not be going about this exactly right here but......

 

it has gotten the bailiff off my back for a few days at least, which has given me the chance to source some money and get a better perspective of this situation. and it has let this bailiff know i will not be bullied and pressured into paying him depsite his tactics.

 

That felt good

 

I realise now i should have kept my mouth shut when i told the bailiff i thought id paid this fine, i should have been a bit more savvy and pleaded ignorant and all that, but i didnt, lesson learned there (if anyone is familiarising themselves with this thread!)

 

say nothing, till you seek the right advice!

 

since wednesday ive not had the dreaded worry of that bang on the door and have been able to sleep better and smile! like i said, if nothing else i have bought a few days of calm and some breathing room

 

Ill keep posting to keep you all up to date with this situation as i hope someone else can benifit from this thread

 

cheers guys and ill be in touch