Marson group bailiffs PCN

[lisatcb]

Hello everyone.

I have been reading on here for ages but this is my 1st post,

so be gentel

Bailiffs (Marson Group) knocked on my door saying i had to pay them £633.44 or they will take my car, the tow truck was there waiting, it turned out to be for an unpaid penalty notice i knew nothing about,

(bus lane camera)

I moved address and didn't get any notice.

Lucky i have a nice mum who paid them so they wouldn't take my car.

Now i want to get my mums money back.

I filled out of time to file a Statutory Declaration PE2 & 3 forms.

Got a letter back from the court saying it has been revoked because Enfield council did not reply within the 19 days.

I phoned Enfield parking center, to ask for my money back and they told me that they didn't recive any papers from the TEC.

Please does anyone know what i should do next will the council refund the bailiffs fees, they were very unhelpfull and rude on the phone to me.

Bailiffs fees...

Penaulty charge inc court fee £185.00

Bailiffs levy costs £124.95

Attendance to remove £265.00

Vat at 17.5% £ 58.49

I know they are not supposed to charge this much, but they have and are probally still doing it.

I've read and read on loads of threads on here but there is so many things i'm confused as what to do next.

Any help would be much appreciated.

Thanks Lisa

[cerberusalert]

Moved to Bailiffs Forum

[layer_cake]

hi there cerberusalert. so there are bailiffs and other slimy creatures lurking around here then. i guess that would make sense! one thing i can confirm from the above post from personal experience is how rude some of the staff are in bailiffs offices and how unhelpful bailiffs are. but this makes sense. as a woman said to me when i rang rather distressed, we're not here to help you sort your life out, we're here to collect debts, so deal with it, then she cut me off!

 

ALL I WOULD SAY IS DON'T BE INTIMIDATED BY THEIR MIND GAMES. THEY ARE NOT ABOVE THE LAW (THOUGH SOME ACT AS THOUGH THEY ARE).

[Nintendo Pü]

The only bailiffs fees a bailiff can charge for unpaid tickets ius £11.20 for a letter and 28% on the penalty charge. Nothiong else provided you did not sign anything agreing to your goods to be levied and provided the bailiff gave you reasonable opportunity to pay before attending with equipemrnt or a vehicle with an intention to remove your goods.

 

If the ticket has been revoked then you must reclaim the money from the council, they are liable for their bailiffs fees regardless if those fees are lawful or not.

 

Write to the council, simple letter and ask they pay you, say WHEN they must pay you and say why - e.g. revoked.

 

File the claim in the small claims court. On a From N1...

 

I received a bailiff acting for the defendant collecting an unpaid parking ticket. The ticket has been revoked on DATE after I filed a statutory declaration with the traffic enforcement centre. I asked the defendant for a refund but it chooses not to refund me the money saying I must contact the bailiff but the defendant said the bailiff is acting under contract with the defendant. The defendants bailiff also dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993 which prescribes £28 and reasonable costs for transporting a debtors goods in a vehicle. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that “because the Bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court at the prescribed rate.

 

When filed, Enfield will have 28 days to return the defednants response pack. They will most likely pull or suspend the bailiffs contract for defrauding a taxpayer. It is a criminal offence under S2 of the Fraud Act 2006 and you can ask police to investigate.

[lisatcb]

Hi, Thank you Nintendo Pü

I will write the letter to the council tomorrow, when should i fill in the n1 form? after the council say no? as i'm sure they will.

Thanks again Lisa

[Nintendo Pü]

The law (The civil procedure rules) says you must give the defendant reasonable opportunity to pay before starting litigation. That can be 4 days or 6 months, what is 'reasonable'? Go with seven days then automatically file the N1 if you are not paid.

[tomtubby]

Hello everyone.

I have been reading on here for ages but this is my 1st post,

so be gentel

Bailiffs (Marson Group) knocked on my door saying i had to pay them £633.44 or they will take my car, the tow truck was there waiting, it turned out to be for an unpaid penalty notice i knew nothing about,

(bus lane camera)

I moved address and didn't get any notice.

Lucky i have a nice mum who paid them so they wouldn't take my car.

Now i want to get my mums money back.

I filled out of time to file a Statutory Declaration PE2 & 3 forms.

Got a letter back from the court saying it has been revoked because Enfield council did not reply within the 19 days.

I phoned Enfield parking center, to ask for my money back and they told me that they didn't recive any papers from the TEC.

Please does anyone know what i should do next will the council refund the bailiffs fees, they were very unhelpfull and rude on the phone to me.

Bailiffs fees...

Penaulty charge inc court fee £185.00

Bailiffs levy costs £124.95

Attendance to remove £265.00

Vat at 17.5% £ 58.49

I know they are not supposed to charge this much, but they have and are probally still doing it.

I've read and read on loads of threads on here but there is so many things i'm confused as what to do next.

Any help would be much appreciated.

Thanks Lisa

 

The local authority can file an N244 to appeal this decision and they can do this on the basis that they "apparently" had not received your Out of Time stat dec.

 

I would therefore wait another 2 weeks to ENSURE that they do NOT appeal !!

 

Finally, what are Marston Group doing with their fees???????

 

They were the subject of a very serious Judgment in the case of Anthony Culligan v Marston Group where District Judge Avent made it VERY clear how much this company can charge....and it was NOTHING like this !!

[lisatcb]

Hi thank you tomtubby thats good to know.

Just an up date i got a letter from enfield parking today, saying because the TEC have accepted my witness statement.

ONLY the bailiffs charges will be refunded back to my debt card and if i do not receive £449.44 with in 28 days to contact Marsons

I'm glad i'm getting the money back but i thought i would have to fight for it, i haven't sent them any letters yet.

Plus what about the £185 inc court fees.....

I thought it went back to getting the PCN again and it could be paid at the lower rate within 14 days.

Anyone know.

Thanks