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    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
    • Thanks, they have just emailed this to her.   IMPORTANT - YOU SHOULD READ THIS CAREFULLY   DEFAULT NOTICE under Section 87 (I) of the Consumer Credit Act 1974   This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974.   In breach of clause [3] of the Agreement, reference XXXX, you have failed to pay the monthly instalments which fell due on 31-10-2019 on time and in accordance with the terms of the Agreement.   To avoid further action, please pay the arrears to us, which total XXXX by 04-12-2019.   If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.   If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.   If you fail to pay XXXX on or before 04-12-2019, we will enforce our rights and: Send you a letter terminating your Agreement; Demand you pay the balance due under the Agreement to us; Report your default and non-payment to credit reference agencies; and Issue legal proceedings and request Judgment for the balance due under the Agreement. If the arrears are not discharged and the Agreement is terminated, you must make payment of the balance referred to above as a lump sum. If that lump sum payment is not made on 04-12-2019 balance will be recalculated as at the date when such payment is actually made or to be made. In your own interests, you are strongly urged to contact us by telephone on 0203 757 1933.   If you have difficulty in paying any sum owing under the Agreement or taking any other action required by this Notice, you can apply to the Court which may make an order allowing you more time. You should be aware that if we take you to Court and get a Judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the Judgment and interest under the agreement on all the sums owed by you at the date of the Judgment until you have paid these in full.    If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor or your local Citizens' Advice Bureau.   This notice should include a copy of the current FCA's information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one. If you would like to speak to us to discuss your arrears or the content of this notice, please contact us on 0203 757 1933   We look forward to hearing from you. Yours Sincerely,
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Vannie

Marston Debt Recovery and wrong surname?

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Hi,

 

My daughter got a fine for driving while using a mobile phone. Her car is registered at her Dad's address. I was going to pay it but forgot.

 

The fine is now £375 and her Dad is going nuts. I was just about to pay the Removal Notice when I noticed the surname is "Road" (no, it's not her surname!). Is this enforceable?

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Hi,

 

My daughter got a fine for driving while using a mobile phone. Her car is registered at her Dad's address. I was going to pay it but forgot.

 

The fine is now £375 and her Dad is going nuts. I was just about to pay the Removal Notice when I noticed the surname is "Road" (no, it's not her surname!). Is this enforceable?

 

 

two things

 

1) is it materially different? ie should it be rode or is it trotter etc?

2) they will require the registered keeper to inform who the driver was if you contest or the registered keeper will be deemed the driver at the time.

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two things

 

1) is it materially different? ie should it be rode or is it trotter etc?

2) they will require the registered keeper to inform who the driver was if you contest or the registered keeper will be deemed the driver at the time.

 

Thank you for your reply.

 

Yes, the surname is entirely different. My daughter's surname has 7 letters, begins with C, and doesn't rhyme with "Road".

 

The registered driver and owner is my daughter, but Marstons have the name entirely wrong.

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trotter is seven letters!!!

 

Sorry but I am 85% sure (because I havent investigated the law on this to the nth degree) that either the registered keeper pays OR coughs on the driver. Unless they got the car/make/colour/reg wrong as well

 

this is a recordable offense after all - which means that if they have to they'll get her in front of a magistrate and get her to say who was driving or be held in contempt which is up to 14 days free board and lodge.

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The fine wasn't for driving, but for using a mobile phone while driving, so make and model of the car wasn't recorded. Would that make a difference?

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not wanting to sound harsh but done the crime pay the fine, and a fine is far better than killing someone, due to not having the nounce to not use a hands free


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Are you saying that a fine levied by the police has been passed to a DCA? Marstons.

Doesn't sound right to me


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Are you saying that a fine levied by the police has been passed to a DCA? Marstons.

Doesn't sound right to me

 

Yes, I though the first point of call would be a summons, followed by the registered keeper either pays or is in contempt.

 

One thing is for certain - contest or pay now, we've all seen the horror stories of £1500 parking tickets after they've been round a few DCA's and they bailiffs get involved. This could easily go the same way if you are not careful.

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PGH7447, we were all young once and make mistakes, so cut her some slack!

 

Hardupnotfedup & Hungrybear,

 

Knowing my daughter, she probably did get a summons. Her Dad & I only knew about her money problems when she said she wanted a gap year....in the final year of her degree!

 

The letter she got yesterday has a Drakes reference, but on Marston's letterhead. I've had personal dealings with bailiffs and know how intimidating they can be. However, she did make a mistake and I have no qualms with paying the fine. I don't want to pay the extra £175 levied though. Is is enforceable? I was going to send a cheque (was going to pay online but concerned they may use my card to take more money) with a letter basically saying you have the surname wrong, but as a gesture of goodwill here is a cheque for £200 in full and final settlement. What do you think?

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PGH7447, we were all young once and make mistakes, so cut her some slack!

 

Hardupnotfedup & Hungrybear,

 

Knowing my daughter, she probably did get a summons. Her Dad & I only knew about her money problems when she said she wanted a gap year....in the final year of her degree!

 

The letter she got yesterday has a Drakes reference, but on Marston's letterhead. I've had personal dealings with bailiffs and know how intimidating they can be. However, she did make a mistake and I have no qualms with paying the fine. I don't want to pay the extra £175 levied though. Is is enforceable? I was going to send a cheque (was going to pay online but concerned they may use my card to take more money) with a letter basically saying you have the surname wrong, but as a gesture of goodwill here is a cheque for £200 in full and final settlement. What do you think?

 

worth a try. and yes a cheque would be best

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