Marstons Parking Fine-£280 Demanded

[martinuk]

hi everyone

 

i have missed paying a £30 fee to manchester city council for a parking ticket which i understand then went up to £70.i have now had a "no more warnings letter saying that the ballifs marstons will take my goods if £280.08 is not forthcomming.

there is no mention of a warrant or court order,i have phoned the mobile number and asked what court has issued a warrant and was told "its none of your business".i am on dla and income support after a transplant operation,do i have to pay this amount in full?

any advice appreciated.

[Nintendo Pü]

The bailiffs fee for collecting parking tickets is £28% of the amount you are charged. It looks like the bailiff is swindling you.

 

Generally, If there is no charge certificate sent to you by post, then you are not liable to pay any fees at all. The law requires the authority must send you one before instructing a bailiff. Which legislation depends if you are in London, Scotland or anywhere else.

 

If you are on DLA you could be a vulnverable person for the purpose of civil enforcement, More: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Write to the council and ask they comply with the regulations (if you didnt receive a charge certificate), and ask that enforcement must cease.

 

 

 

Parking Tickets authority

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff

 

I write further to your visit by your bailiff and confirm I am classed a vulnerable person for the purposes of civil enforcement as described by the published National Standards for Civil Enforcement Agents because [GIVE REASON].

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I therefore ask this case be taken back into council administration within seven (7) days of the date of this letter and confirm in writing to me at the above address.

 

[iF APPLICABLE] The council did not send a Charge certificate to my address and there for has not complied with regulations providing for debtors to pay before receiving a bailiff.

 

The fees your bailiff is charging me does not correlate with prescribed regulations and I understand he may be committing an offence of fraud by false representation, I ask that your contractor complies with the law.

 

To resolve this complaint, please cancel all enforcement action and all fees your contractor has applied, failure to confirm this has been done withion seven days will result in this complaint being automatically escalated to the Local Government Ombudsman.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

[Barbarawoo]

hi everyone

 

and asked what court has issued a warrant and was told "its none of your business"..

 

You have to laugh at that comment, It must be the OP's business when he is the one money is being demanded from

[martinuk]

You have to laugh at that comment, It must be the OP's business when he is the one money is being demanded from

 

im a polite person and was not abusive and i only asked that question because i thought i had to have some form of court letter or even a warrant off marstons but its just their letterhead with the message they are calling to remove goods! thanks for everyones help.

[RaeUK]

...i am on dla and income support after a transplant operation,do i have to pay this amount in full?

any advice appreciated.

 

Hi martin, I would certainly expect you to hit the spot with regards to the vulnerable category. It's recommended by the Ministry of Justice that people who may fit this category write to the appropriate court for a re-hearing.

Another way to find out the court name and case number would be to call your local authorities parking dept. I would expect them to have the details logged with your pcn number...

Rae.

[pink_eeyore]

I would assume this is from the local authority via TEC rather than a court. Write to the LA setting our your vulnerable status and ask them to recall it from bailiffs.

[martinuk]

hello everyone

 

i have contacted manchester city council and they have said they have handed the case to marstons.somebody at marstons have said there is no court involement and the cost of £280.08 includes letters written and visits to my house.i asked if a court order was needed and again i was told "we have a right to take your goods" and they said if i do not pay by credit card on the spot the call would be terminated.i then said i wanted to explain that i am on dla and the phone was put down on me ??

[Nintendo Pü]

Did you record the call?

 

Its common practice for bnailiffs to be vexatious, you should never be telephoning bailiffs anyway, they will just wind you up. In any event the £280 fees confirms the bailiff is trying to swindle you well & truly.

 

Communicate in writing only and if a bailiff attends, keep the door locked shut and capture evenything on video using your mobile.

[RaeUK]

I would assume this is from the local authority via TEC rather than a court. Write to the LA setting out your vulnerable status and ask them to recall it from bailiffs.

 

Thankyou eeyore, I sit corrected!

[High Court Enforcer]

Did you record the call?

 

Its common practice for bnailiffs to be vexatious, you should never be telephoning bailiffs anyway, they will just wind you up. In any event the £280 fees confirms the bailiff is trying to swindle you well & truly.

 

Communicate in writing only and if a bailiff attends, keep the door locked shut and capture evenything on video using your mobile.

 

I would disagree with Nintendo here on two counts:

 

1) Not phoning the Bailiff will result in further visits and further costs and charges.

 

2) I would also state that £280 is not illegal. You are not necessarily being swindled. Nintendo only quotes part of the fees allowable.

[mkb]

 

2) I would also state that £280 is not illegal. You are not necessarily being swindled.

 

HCE - maybe it would be helpful to the OP to cite the exact figures that the bailiff can charge & allow the OP to decide on their next course of action

[High Court Enforcer]

HCE - maybe it would be helpful to the OP to cite the exact figures that the bailiff can charge & allow the OP to decide on their next course of action

 

It's been a long time since I was involved in parking but I will try and find what I can.

 

If I remember correctly, a Certificated Bailiff can charge for an attendnace to remove and can levy on a levy. eg: If they visit for £180 and charge £100 levy and attendance for doing so, the next levy is on £280.

Edited December 23, 2009 by High Court Enforcer

[mkb]

It's been a long time since I was involved in parking but I will try and find what I can. That would be useful.

 

If I remember correctly, a Certificated Bailiff can charge for an attendnace to remove and can levy on a levy. eg: If they visit for £180 and charge £100 for doing so, the next levy is on £280.

 

The OP has not said that any levy was made. Are you saying that an 'attendance to remove' fee where no levy is made is still correct?

[Nintendo Pü]

Its common for bailiffs to charge a fee on the pretext of performing a service, often called 'attending in a van with a view to remove'. You can easily recover this fee if the bailiff charges a statutory visit fee for the same visit.

 

The legislation only provides reasonable costs when attending with a view to remove, but if no goods are moved then the bailiff is unable to show any disbursements. If a bailiff charges a fee in advance if work he has no intention of doing then he commits an offence of fraud by false representation.

[High Court Enforcer]

Its common for bailiffs to charge a fee on the pretext of performing a service, often called 'attending in a van with a view to remove'. You can easily recover this fee if the bailiff charges a statutory visit fee for the same visit.

 

The legislation only provides reasonable costs when attending with a view to remove, but if no goods are moved then the bailiff is unable to show any disbursements. If a bailiff charges a fee in advance if work he has no intention of doing then he commits an offence of fraud by false representation.

 

Wrong Pu.

 

There is a cost for sending a bailiff in a van with the intention of removing goods. These are often broken down as hire/fuel/insurance. These are reasonable charges and can be proved. I have personally witnessed many 'taxations' where every judge has allowed these charges. Honestly, not once were fees refunded regarding this.

[mkb]

The OP has not said that any levy was made. Are you saying that an 'attendance to remove' fee where no levy is made is still correct?

 

 

HCE - please can you answer the question I asked?

[High Court Enforcer]

HCE - please can you answer the question I asked?

 

No, it is my understanding that in Parking Enforcement, if nothing has been levied then there is nothing to remove. However, you do not always need to gain entry to levy as it is often banded around on here. Any asset outside the property will do.

 

Although, saying this, I would need to look into it further. A charge for an 'attendance to levy' is ringing a bell. It's been a long time since I was personally involved in Parking.

[2ltr16valve]

This sounds to me like normal Marstons drivel !

 

I had there charming bailiffs here one morning, had NO court paperwork at all...! got a letter from Marstons the morning before they arrived, sent letter to them that day.... the following morning they were here at 6am...!

 

This was for a TV license fine, summons was never received along with any other court documentation ! good postie huh ! (Royal mail have investigation ongoing on my postal round as a lot of peoples post does not arrive)

 

Was told by bailiff we HAD to pay them and we had no right of appeal/recourse with the court.... even though I knew we had, by way of a statuary declaration.. but at 6am the court was not open and they were intent on removing everything they could before the court opened !

 

Spoke to a so called "manager" on the phone, who said and I quote "tough sh!t, pay now or we take all your stuff... you **** have no rights"

 

At this point I picked the bailiff up by his stab vest and threw him out my hallway.... he was only in the house as he said to my partner he had an arrest warrant so she thought they were police !!!

 

Brother paid the twats on his card at about 7am, was at the court for when it opened and filled in stat dec... which triggered a refund again, proves they are thieving **** who lie to force the payment from you.

 

 

DO NOT TRUST these **** period.... I would take HCE advise with a large pinch of salt as well.... !

[2ltr16valve]

No, if nothing has been levied then there is nothing to remove. However, you do not always need to gain entry to levy as it is often banded around on here. Any asset outside the property will do.

 

 

What like,

 

Neighbours cars

Family's vehicles

Vehicles on finance ...

etc....

etc....

 

We seen this plenty of times on here !

[Nintendo Pü]

Any asset outside the property will do.

 

To charge a fee to levy on goods not belonging to the debtor is fraud by false representation.