Please help! Need to pay marstons £900 in two weeks

[chillipepper]

please can anyone help, I had a notice of intended prosecution for speeding (accidently at 40mph)on duel carriage way in january, i returned it but it seems it was never received and i have no proof, i have been through a very difficult time, my mum is dying, has lung and brain cancer so been an emotional time and been her main carer, also single mum and working part time, i went through a phase of not opening my mail and when i did found a court date for june that i'd missed and a £600 fine, i liased straight away with the magistrates court and completed statement of means and mitigating circumsatnces and offer of payment, they were very understanding but said they could not do anything as had already been passed to marstons. have had marstons baliff letter today and spoken direct, he says i must pay £900 in 2 weeks or he will get a locksmith to enter my home and if i do not have any goods of value, which i don't he will get me arrested. I am really scared, i have offered to pay by installments but he says all he can do is 450 next week and 450 the week after. is there any thing i can do? my family need me and i can't tell them about the mess i am in.

[postggj]

this is crap

 

since when does a minor speeding offence get you fined £600

 

has the court confirmed that amount

 

ime not sure as not my area but an out of time declaration or affadavit seems in order

[chillipepper]

yes, the most part is for failure to respond to notice of intended prosecution, i cannot prove that i did, the court agreed was the highest i would have been ordered to pay but said it was because i didn't attend the hearing and provide my circumstances at that time

[postggj]

To start with the baliff is talking out of his backside

 

you need to go back to the court and see the clerk

 

put everything in writing about not being in the right state of mind due to your mother and ask for it to go back in front of the court

 

do an income and expenditure form

 

tell the clerk that you are a

 

vunerable person and show him the letter

 

remember to talk to the court clerk

 

not the person on the front desk

 

if you end up with no joy we will do an out of time declaration to get the baliffs off hyour back

[eggy12]

Im no expert on this by any means but is there a way, if you have been fined that amount to get a re determination or something along those lines, you did not respond so they hit you hard, at least that way you get or could get a easier less demanding way to pay . Im sure someone with more experience than me will offer better advice... Just hang on

 

Best wishes

eggy12

[chillipepper]

Thankyou for your help, you've given me something to try, just been hitting brick walls all day! i will go tomorrow and see the clerk, fingers crossed! can u tell me why you think baliff is talking crap? i know he is legally able to get locksmith, is he also able to apply to get me arrested for non payment of fine, even tho have offered to pay

[chillipepper]

and thanks eggy for replying too, i hope so! certainly don't have anywhere near 900 quid to spare

[postggj]

I know this is a magistrates fine but locksmith, realy

 

only a court can order that in very special circumstance

 

same goes with an arrest

 

he is talking out of his backside

[tomtubby]

The following is wrote I wrote in answer to a query on here earlier this evening:

 

Marston Group have a contract with HMCS to enforce these debts and the contract allows for them to charge a fee of £75 for sending a letter and if the debt remains unpaid that a visit fee of £200 is charged.

 

The bailiff CAN force entry but this is MOST unlikely to ever happen. In fact, in answer to a Parliamentary question the government confirmed that there had been 9 cases of forced entry in the past 3 years. Although this is a large number it needs to be remembered that there were approx 900,000 distress Warrants issued EACH YEAR !!!

[postggj]

Thanks tomtubby

 

i take it my advice was sound