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kken67

Marstons Bailiff Warrant and paid PCN Fine - they now want their Fees?

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I have today received a Final Notice from Marstons which was shoved through the front door even though someone was home.

 

Background is that

 

i received a parking fine i thought was unfair but to no avail and ended up with a 90 quid fine that i could not pay in one go.

 

Council appointed Marstons and i said i could only pay in monthly installments of 25 quid of which i have paid 2 amounts now.

They said i couldnt do that and wanted the whole amount in one go.

 

They have now sent this letter saying unless i pay 286 quid immediately they will attend to seize the car or remove other items for sale by public auction.

 

I rang the named person on the letter.

She said the hike in price was because of it being escalated to warrant.

She also acknowledged that i am not refusing to pay the original fine but said the council had escalated it and it was out of their hands.

 

I only have 40 quid to pay and could do that in a couple of weeks but now they are demanding 286.

What can i do?

 

 

They say they will attend either one evening this week or one morning this week.

 

Is this just bluster, what can they actually do and what can i do to sort this out?

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A warrant has been isued by the Local Authority and depeending on the area of the country that you live in the debt now is either £125, £155 or £185. UNLESS a bailiff has actually visited your that charges can obly be for £11.20 for a first letter.

 

You need to urgently establish WHETHER a visit has taken place and if so, when.

 

If no visits have been made then as long as you pay the amount on the warrant BEFORE seizure all fees must be removed.

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I have received a final notice from marstons on a remaining £50 due on a parking fine.

I have been paying this in installments even though marstons wouldnt agree instalments.

Had no choice due to being on dmp and not having full amount.

 

Now hand delivered warning saying they want extra 230 quid on top for their costs plus o/s amount.

There was no need to take things this far as i was paying the fine

(disputed fine in the first place but thats a whole different issue).

 

Just seems they are trying to get fees from me anyway.

No previous visits and just this warning by hand,

no levy on anything although verbally in a phone call bailiff said they would be taking my car.

Car wasnt at home when they called.

 

Can i just pay the o/s fine amount as read somewhere that they cannot attend to remove goods for their fees alone or am i just creating more problems for myself.

 

Seems so unfair when i am already paying them and not refusing to pay.

If i was refusing i would understand their stance.

 

Any advice would be appreciated.

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Im not a bailiff expert but I know they cannot demand what they are demanding so don't worry about that to much.

 

A bailiff expert will pick up on this post and help with the details at some point soon.

 

Untill then, don't worry yourself. Bailiffs cannot just charge what they want although they like to threaten like they can.


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I have a PCN which is partly paid but was passed to Marstons to enforce.

Like i say, there is 50 pound left to pay because marstons wouldnt accept an installment plan.

 

I got a hand delivered letter through the door a week or so ago saying bailiffs due to attend to remove goods and adding 235 pound fees on top.

 

I am happy to pay the remaining debt but really unhappy about the fees which i believe to be extortionate.

 

There has been nothing other than the hand delivered letter, no levy etc.

I believe you can pay the debt and the bailiffs cannot attend for their fees but is this so.

Also dont know how to pay them.

 

I have been on their online payment website and when i put the ref in it doesnt accept it prob to stop me just paying the pcn charge.

 

Worried that if i give my debit card details they will just take the whole 285 quid not the 50 i want to pay.

Bailiff says they are due to call again tonight or tomorrow.

Can i insist they only take the 50 quid off my card.

 

I have requested a breakdown of their charges twice now but they are not forthcoming.

Any advise appreciated!

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They wont give you a breakdown unless you pay them a fee. Once a bailiff gets his grubby mitts on you there is no escaping unless you are armed with knowledge of the law. In short the bailiff is not entitled to charge you £285. In fact its just 20% of debt being collected.

 

The law that sets bailiffs fees is: Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993

 

You must NEVER open the door to a bailiff and make sure you car is not available. If a bailiff gets confrontational then speak only through a letterbox, video capture everything and ask the bailiff to leave. If he threatens you with anything then call police on 999 and continue to video everything until the bailiff and police leave the scene and remember, do not open that door until the bailiff is a safe distance from your property.

 

Pay the council direct and if they fob you off wityh excuses then tell the council their bailiff is cheating with his fees and commits an offence under section 2 of the fraud act 2006 and the council remains liable for their bailiffs and you will transfer the complaint to the LGO.


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I have today paid the last bit of a parking fine

but am having trouble with Marstons over their extortionate fees.

 

One hand delivered letter and nothing more but a fee of £235 for them which i am refusing to pay as i dont believe they can charge anything near that.

 

I have asked for a breakdown but they are not providing it.

i have paid the £50 i owe on the debt and my understanding it that they cannot attend for their fees.

Am i right about this?

 

I have rung the bailiff mobile and told them i have paid the o/s debt and am disputing their charges.

 

I have told them i have taken legal advice and was recording my message (I have) just still worried they have a loop hole.

 

Anyone avise further?

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Paid PCN bailiffs cant attend for their fees can they?

 

No.

 

JBW Enforcement Ltd v City of Westminster: The Judge said "tendered before seizure" the bailiff cant issue civil proceedings against the debtor


Professional property investor and conveyancer

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