Marstons threatening to arrest my OH

[clemma]

This morning my OH received a voicemail from a bailiff saying he owed £4xx.xx for outstanding fines (parking) and must pay today otherwise he will come to his work address (he gave his place of work in the message).

 

I was still at work, so unbeknown to me the OH called him back. Apparently these are from 2001 and 2007. The bailiff said letters had been sent (he has received one, to which he asked for further information and received nothing back - that was a while ago now), but the address they say they had been sent to was his brothers. He was told that if he does not make the full payment today, then he will be arrested. When the OH asked when this would happen, he was told 2-3 weeks.....

 

Anyway, I am going to call the office tomorrow and speak to them after the OH has given his permission for me to do so. Obviously I have told him to accept no liability and to offer them no money. I am going to ask them for the court reference numbers, dates of offences/types of offences etc., and then (if they give the information) I will contact the court.

 

I need to give him some reassurance though that these goons are not going to just turn up at his workplace today and arrest him.

 

As some of this is apparently from 2001 and no attempt to enforce it has been made before, would he have the right to take this to court to get it dealt with - after all, why has it taken 9 years to enforce this so called debt OR if it is a court fine as Marstons say, then does this not apply? Having only ever dealt with DCA's and their threats, the bailiff thing is all new to me.

 

Any help would be appreciated!

[clemma]

I should add that the OH has no idea what these fines are for.

[rebel11]

Hi clem

 

Bailiffs don't have the power of arrest. I don't think they are permitted to attend his place of work. They are out of order. It might be an idea to make notes or tape the conversation with their permission, you'll then see them acting reasonably.

 

Others will advice further.

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[clemma]

Yeah, I had a feeling they could not attend the workplace - something to do with not being allowed to embarrass the debtor (or something like that). I understand they have no powers of arrest, but he said he is going to refer it back to the office who will then ask for a warrant to be issued (which takes 2-3 weeks......) He only told him this when the OH pushed for info about the arrest.

[rebel11]

Yeah, I had a feeling they could not attend the workplace - something to do with not being allowed to embarrass the debtor (or something like that). I understand they have no powers of arrest, but he said he is going to refer it back to the office who will then ask for a warrant to be issued (which takes 2-3 weeks......) He only told him this when the OH pushed for info about the arrest.

 

They are full of hot air, they should be reported to Trading Standards8-)

[fork-it]

Marstons threatening to arrest my OH

 

Marston needs reminding that its a criminal offence to make such a threat.

 

The law: Section 40© of the Administration of Justice Act 1970 http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1970/cukpga_19700031_en_5#pt5-l1g26

 

falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

 

Edit: its Section 40(b) not ©

Edited October 20, 2010 by fork-it

[tomtubby]

This morning my OH received a voicemail from a bailiff saying he owed £4xx.xx for outstanding fines (parking) and must pay today otherwise he will come to his work address (he gave his place of work in the message).

 

I was still at work, so unbeknown to me the OH called him back. Apparently these are from 2001 and 2007. The bailiff said letters had been sent (he has received one, to which he asked for further information and received nothing back - that was a while ago now), but the address they say they had been sent to was his brothers. He was told that if he does not make the full payment today, then he will be arrested. When the OH asked when this would happen, he was told 2-3 weeks.....

 

Anyway, I am going to call the office tomorrow and speak to them after the OH has given his permission for me to do so. Obviously I have told him to accept no liability and to offer them no money. I am going to ask them for the court reference numbers, dates of offences/types of offences etc., and then (if they give the information) I will contact the court.

 

I need to give him some reassurance though that these goons are not going to just turn up at his workplace today and arrest him.

 

As some of this is apparently from 2001 and no attempt to enforce it has been made before, would he have the right to take this to court to get it dealt with - after all, why has it taken 9 years to enforce this so called debt OR if it is a court fine as Marstons say, then does this not apply? Having only ever dealt with DCA's and their threats, the bailiff thing is all new to me.

 

Any help would be appreciated!

 

It is most important that you receive confirmation as to whether these "fines" are actually fines issued by the Magistrates Court for areas of the country that operated criminal parking. Most local authorities have now opted for de-criminalised paring and therefore the tickets are referred to as Parking Charge Penalties (PCN).

 

If your OH had not received the original notices relating to these FINES that it is a very simple matter indeed to compete a Statutory Declaration. This must be done within 21 days of becoming aware of the tickets.

[clemma]

Thanks guys. Until I speak to them tomorrow the OH is only presuming they are parking fines as that is what they told him. I have dug out the letter that they sent in July and it says he owes £7xx.xx for multiple offences in 2007. I did post on here about this http://www.consumeractiongroup.co.uk/forum/showthread.php?265394-Marston-threatening-bailiffs-but-never-received-court-summons&p=3010535, but have heard nothing more until the phone call this morning.

 

So, the debt has reduced by £300 and is also from 2 separate years.....

[rebel11]

Hi Clem

 

You could send them a SAR Request with a postal order for £10, they will send you all the data on the events within 40 days. That way you can see what the fines are

for. And what Marston's have added.

 

http://www.ico.gov.uk/

[clemma]

Of course! And if they don't reply then the ball is in the OH's hand. Non-compliance is frowned upon

[fork-it]

Clem, you can find out how much is owed by asking the council that issued the ticket how much the parking ticket was. Add £28 for the bailiffs fee and thats it. The law only provides £28 for tickets under £200.

 

If its a criminal fine then phone the magistrates court and ask what amount the magistrate set the fine, and that amount is you owe. Some "experts" on this forum say you are liable for £75+£200 bailiffs fees for collecting unpaid court fines, but personally, I would go with the official Court Service advise. It says bailiffs cannot charge you more than you are fined. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts.

 

I wouldnt take too seriosly what the fees the bailiff say you owe, they will nearly always exaggerate them and you are not liable for their costs unless they show either, a) a Costs order, or b) the legislation setting the fees, or if he is claiming "costs" then c) show sales invoices giving rise to those costs, if none, then he is unable to show its reasonable costs, so fees = £0.00 Cullighan vs. Drakes + others http://www.lmag.org.uk/modules.php?name=News&file=article&sid=306

[clemma]

Cheers fork. Until I speak to them the OH has no idea which council or court dealt with this. The letter he does have just says Kent - no reference number or anything. Will hopefully know more tomorrow, but I'm doubtful Marstons will willingly give me information.

 

EDIT: The OH has never lived in Kent, nor been to Kent. Presumably he would have to have committed whatever offence it was in Kent for it to have been dealt with there......The more I think about it, the less sense this all makes.

Edited October 20, 2010 by clemma

[fork-it]

I think its Northampton county court bulk centre, get your Parking ticket number and call 08457 045007. Dont bother contacting the bailiff, let them contact you.

[clemma]

Unfortunately the OH has NO details of the ticket/fine other than what he has been told. The letter says nothing except Kent and the bailiff told him next to nothing. I suppose we can sit around until they call again, but to be honest, I want this sorted ASAP. This is from 9 years ago (or 3 depending on what the bailiff felt like saying), so he has nothing - he can't even remember getting any fines or parking tickets!

[tomtubby]

I am assuming that this relates to HMCS Kent area and this will be for parking FINES for an area of the Country that had not opted for decriminalised parking.

 

If after making enquiries your OH realises that he nothing about these fines then he MUST insist on being allowed to file Statutory Declarations.