Marstons fees for council PCN - not a decrimalised area

[jacqui_o]

i had a parking ticket , dispute with council as valid blue badge dispalyed was council cark park.

 

Got a letter last week from Marstons claiming the £130 plus £75..was intending to pay it this week..

 

Marstons have now arrived claiming 405.... apparently they are legally allowed ot charge £200 for calling ot collect . is this true?

 

I have have paid 201....they are going to take the balance next friday via debit card. apparently as they ahve a warrant they can return!!!

 

 

any pointers would be most appreciated.

 

my view is out of that 201 the 130 has been paid. the and 70 out of the initial &5, do I really have to pay this additional £205:mad2:

[Dougal16T]

Hi Jacqui,

 

Well, I too have had some dealings with Marstons. Marstons are the subject of sanctions and ongoing enquiries by the OFT.

 

HAVE YOU BEEN SUMMONSED FOR THIS' OFFENCE'? IF SO WHEN AND WHAT WAS THE RESULT?

 

Did you appeal the ticket? Do you have any photographs that you took of the car in the car park? Have the Council/Enforcement officer taken any photos of the vehicle where it was parked ? Was the dispute with the council resolved ; have you had their final response? Who were the Council?

 

Were proceedings issue for recovery of this amount as a civil debt.?

 

These are the points to remember re MARSTONS:

 

Do not let them into your property. they do not have any right of entry.

 

If they try to force entry they are trespassing If they attempt to push you out of

the way to get in call the police IMMEDIATELY and tell them you have been the subject of an assualt which is continuing.

 

Hope this helps

 

Dougal

[jacqui_o]

Hi Dougal,

 

Lol we need ot stopmeeting on similar threads...lol

 

No I did not appeal it, or take pictures or anythign else........I was paying it by payment card at £20 a week and with other helath issue on goign here with family members forgot all aboutthe dam thing....... so they added on late fess blah blah. and was paying... forgot for about amotn there.

 

hence the balance was 130....

 

he did ask if he could come in and sort out the paymet plan for this week and next. I said no do it out here.....:)

 

he claimed it was the 405. erm no 205, ah I am allowed ot add a fee of 200 for calling.....

 

They are in possesion of a Magistrates Court Order. they claim. no copy was shown just his ID.

 

in bold black letters they're letter This action will involve minimum further cost of £200.

 

when I challanged him aboutthis additional 200 he claimed he has the courts authority to add this......... for calling to levy...

[Dougal16T]

Hi Jacqui,

 

If you can tell me exactly what happened:

1. Where was the car parked exactly? What day was it? What date was it? What time was it?

2. What signs were present to restrict parking?What Road markings were there?

3. How did you arrange the payment card? Were you contacted by the Council or by the Court BEFORE Marstons were involved?

4. Did Marstons send you a card?

5. You MUST contact the Court (if you know which one) and get a copy of the Order of the Court, or the Council and get a copy of their instructions to Martons. Write to Marstons (Recorded Delivery) and request a copy of their instructions/and - or a copy of the Order of the Court or Council Order/Request for Enforcement to Marstons

6. The Bailiff may not add fees as he chooses!!

7. Do you still have the original ticket?

8. What form did the ID the bailiff produced take? Do you have his name? Did it have a photo?

 

I can help you to sort this out I think, but need more info!

 

As ever

Dougal

Edited March 17, 2011 by Dougal16T
poor spelling again!!!!

[debbbbsy]

they are going to take the balance next friday via debit card

 

They CANNOT take money from your debit card without your approval. Just because you have authorised payment once, and they have your card details does not under any circumstances allow them to keep taking money.

 

There is a limit to what a bailiff can charge. It would defenitely appear that Marstons are renowned for excessive charging. Do not pay another penny until you have this sorted. Contact your bank, and explain that if Marstons attempt to take payment, it is without authorisation.

 

Put something in writing to Marstons stating this, and request a full breakdown of there charges so far.

[Thegreenpimpernel]

"something in writing to Marstons stating this"

 

I'll second that. Send it via recorded delivery, quickly.

 

 

I'm not big on parking issues, but in all my time observing similar threads on this site, I've never heard of 'Late fees'.

 

Can you confirm the value of the PCN before any fees have been added?

 

I appreciate that the charge is greater if you don't pay within a certain time, but that is nothing to do with the bailiffs. That element will already have been added as it was passed to the bailiffs.

 

It should provide this amount on the car-park singnage.

[jacqui_o]

Hi Dougal,

 

It was l;ast summer, Marstons letter says excess parking fine...11.06.2010

 

I was parked in a County Council car Park...... they are free to blue badge holders......

 

badge was dispalyed correctly......

 

There was just the usual council parking fees sign. down at the bottom corner it says parking is free for disabled drivers...

 

There were no road marking as it was not ont he road......

 

I was sent a letter by the court and contacted them, they then sent me the payment card...

 

but with issues going on at home, forgot after new year...... hence why they passed it to marstons..

 

No I do not have the original ticket....

 

He was wearing the customer Marstons bomber type jacket and wooly hat.. he had id inside his jacket whihc he pulled out and flashed.... I think there might have been a picture but to be honest he did it so fast.....

 

he actually calle dme Miss and not Mrs....I think his paperwork might have had Miss on it.

 

Yes I have his name.

 

I emialed the court first thing on friday morning quoting the Marstons receipt number and they amout they were paid........ I also asked for copies of the paperwoirk you have asked......

 

So far jsut the bog standard automaited reply, am guessign it will come in the post.......

 

Am going to copy the receipt and sne dit with a covering letter to the court asking for all the info again........

 

Am also goign to send Marstons one today asking for copies of all the paperwork they were passed by the court.should I put something in about the outstanding fee balance being in dispute?

 

I was goign to send a postal order for the £5 which is the balanceof the £75 original they added when passed by the court...

 

That way in my view the origianl amout they requested has been paid. only dispute is the additional £200 they have added for the levy visit......

 

Phew think that is all the info...... am goign to phone the courts when theyopen and ask over the phone for the origianl amount and soon as I get it will psot it...... hope this helps..

[jacqui_o]

ok here are the figures from the court. just phjoned them......

 

75 compensation

15 Victim service

65 costs

175 fine. total 330...........

 

I paid £200 of that off......

 

I aske dthe court for a copy of the order adn they're instruction to Marstons, the lady at the court said, they will not do that........

 

so any pointers in how to word the letter to the court......

 

and that Marstons fees are totally seperate of the court and nothing to do with them......

 

So what now?

[tomtubby]

From the fees provided, this is clearly a court FINE as opposed to a local authority issued parking ticket.

 

This must be because you live in an area of the country where a parking ticket is issued by a policeman as opposed to a Parking Attendant.

Most local authorities have now opted for "decriminalsed parking".

In your case, the parking ticket is a CRIMANAL OFFENCE.

 

The fees charged by Marston Group are those agreed by Contract between Marston Group and HMCS.

[jacqui_o]

Thanks for that Tomtubby. have jsut telephoned the court again and been told that it was issued by the County Council, and it was a council car park....

 

 

so is my reading of what you ahve said that they are entitled ot charge the additional £200 ?

[hallowitch]

have a read of this thread tomtubby explains how the fee structure works

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?197308

[Trying2BeHelpful]

Hi Jacqui

Firstly sorry to hear about your parking predicament with Marstons, who as everyone knows used to be Drakes, yep the bullies from the telly! Bought the name of what used to be a reputable company and have now ruined it. The only thing I can suggest is that you pay the ticket and then take it back to the Authorities and get them to explain why you were not notified of any court action, why no forms were being sent to you from the court and why you were charged such a large amount without prior notification. Good luck !

[Dougal16T]

Hi Jacqui

 

I am amazed that the Court sent you a summons when clearly there was NO offence.

 

I suggest you write to the Court Clerk and ask for fully detailed copies of the 'information' that was placed before them by the officer patrolling the car park. You should indicate to the Clerk that you are preparing an Appeal - BUT do not tell him why at this stage. Send your letter first class recorded delivery.

 

You MUST write to Marstons (again by recorded delivery) and tell them that any attempt for them to take any money from your account by any means will be considered an Act of Theft - remind them that they do NOT have your permission to take any funds - you should also tell them that you are preparing a formal complaint.

 

This is enough to keep everyone occupied for now!

 

Best wishes

 

Dougal

 

 

A copy of the entry made by he Policeman in his log/pocket book should be available on request.

Edited March 21, 2011 by Dougal16T
Needed to add some info

[Thegreenpimpernel]

Someone help me out here.

 

I understand that some councils have decriminalized parking offenses, but since when was a parking contravention in a car park ever a criminal offense?

 

Something not right here, perhaps you had another ticket on the public highway you don't know about.

 

Also, i thought councils routinely lost parking appeals where there is no evidence of the offense. Wardens round my way photograph the car, its number plate, the window / dashboard area (to show no ticket or badge) and the car-park signage that warns of the penalty.

Have you appealed?

[jacqui_o]

Thanks Tomtubby for your reply, the parking ticket was not issued by the police but the county council car parking staff who patrol the car parks....

 

Hallowitch I have read the link you posted and admit, to be honest it is not a lot clearer to me to be truithful...

 

but htanks for your help

[jacqui_o]

Hi Dougal,

 

It appears from havingjust phoned the court again, and checking the web for the car park, that whislt the last time I ussed this car park it was free ot the disabeled it is no longer........

 

It is not a town I visit on a regulary basis, once a year ( if forced) so guess at the end of the dayit is my own fault for making an assumption and not actually checking the signs....

 

Still annoyed that Marstons can charge £200 though......

 

Reckon my only option is too pay the balance......... unless you or anyone else has an alternative suggestion?

 

thanks as always for your help and assistance.

 

With regards marstons, they did not ask for anything in writing or ask me to sign anything giving them the authority to take the balance........I was not allowed ot give the card details to the person onthe phone.... Mr. Chapman took the card off me, and did it, he also told the gentleman to retain the details...

 

Ohh heres a question do you have to given them contact telephone number?... they seemed very disgruntled because I would not!

[jacqui_o]

The green pimpernel thanks for adding to the thread, there was no other ticket, car is always taxed ( disabled tax disc) and blue badge on display at all times..... it was parked in a county council car park...

 

King Street Car Park

 

King Street car park, XXXXX XXXXXXXX, is a short stay town centre car park with 201 spaces including 13 spaces for the disabled. Charges apply in all spaces.

Prices

 

 

Monday - Sunday 8am - 4pm

Up to 3 hours - Cost per hour £0.70

3 to 5 hours - cost £4.00

Over 5 hours - cost £6.00

Free parking after 4pm. Sunday - normal hourly rates, maximum fee £1.50

 

 

 

Open all the time

208 Spaces

 

Sadly that is not what happens here!!!

 

but at the end of the day it was my fault, I thought it was free.my mistake...

[Dougal16T]

Hello Jacqui,

I understand what you say and how you feel, but there is still something here that is not quite right. You need to establish EXACTLY WHEN (day, date, time), the car park changed from 'free for disabled' - to - all spaces subject to charges IF that is the case. I say, IF, because at Eastbourne the web check shows all spaces as being chargeable including spaces for the disabled BUT at the actual car park Disabled spaces are free IF the vehicle is displaying a ZERO RATE tax disc.

 

It is worth a call to the Council and asking if this is the case IF your tax disc is zero rate road tax...it will say so ON THE DISC ITSELF.

 

Possibly you may have already checked this. Just one last thought (for now)You should request a copy of the information (the Warden/Parking Attendants) report (which resulted in the penalty) from the Council. You are entitled to this under the legislation.If it has not been said already you MUST write to your bank and instruct the that under no circumstances are they to accept any requests for payment from Marstons by telephone, letter or otherwise. SEND THIS 1st CLASS RECORDED DELIVERY.

 

Best wishes

 

Dougal

Edited March 22, 2011 by Dougal16T
Had a brainwave...........small brain so it took some time!!!

[Thegreenpimpernel]

Compensation, Victim surcharge?

 

Marstons?

 

Car not on a public highway.

 

Still don't get it.

[brassnecked]

Compensation, Victim surcharge?

 

Marstons?

 

Car not on a public highway.

 

Still don't get it.

 

Neither do I, how does a £15 victim surcharge get added to a decriminalised council PCN Are Marstons being naughty?

[Thegreenpimpernel]

Even if parking hasn't been decriminalized in this area, as tomtubby suggested, i thought that only applied to offenses on the highway.

 

You learn something new every day, as they say, but i'll be amazed if overstaying / not paying in a car park was ever a criminal offense. To my knowledge the police have never patroled council / private car parks checking tickets.

 

I don't get it. Though i may be wrong.

[Thegreenpimpernel]

This is an extract from the councils website:

 

"East Sussex County Council, the Highway Authority, introduced an on-street pay parking scheme within the controlled parking zone covering the town centre area on 20 October 2008, which will be linked with Decriminalised Parking Enforcement (DPE) across the entire borough."

 

Seems to imply that parking is decriminalized in this area.

 

More confused than ever now.

[brassnecked]

This is an extract from the councils website:

 

"East Sussex County Council, the Highway Authority, introduced an on-street pay parking scheme within the controlled parking zone covering the town centre area on 20 October 2008, which will be linked with Decriminalised Parking Enforcement (DPE) across the entire borough."

 

Seems to imply that parking is decriminalized in this area.

 

More confused than ever now.

 

It is becoming even mor peculiar if you look at it in relation to post #10 by OP

 

I thought Northampton bulk centre and TEC were for council PCN, so how have magistrates become involved, has OP phoned wrong court? Have Marstons enforced the wrong penalty on two similar names, the mind boggles with this one

[Dougal16T]

Neither do I, how does a £15 victim surcharge get added to a decriminalised council PCN Are Marstons being naughty?

 

Good morning everyone - especially Jacqui!

 

MARSTONS ARE RENOWNED FOR BEING NAUGHTY - BUT THEY GET AWAY WITH IT!! DON'T ASK ME HOW......

 

However to be serious, I agree with the two comments in relation to Compensation and Victim surcharge - where in the name of the Almighty do they get the authority to add these charges? Who has suffered and is entitled to compensation? Who is the Victim that is entitled to receive monies by way of a surcharge?

 

There is something VERY wrong with all of this.

 

It cannot be left to lie down, it must be looked at closer....

 

The situation should be thus (in my humble opnion):

 

Jacqui parks her car in a disabled bay in a public car park owned and managed (?) by a Council. She has on display her Blue Badge. It seems she may have missed a sign which possibly indicates all bays are charged for. Later an enforcement officer from the Council apparently does not see any paid ticket receipt being displayed and issues a pcn -WHERE IS THE EVIDENCE OF THE OFFENCE.?

 

IN LAW ANYONE WHO BREACHES ANY ACT OR REGULATION AND RECEIVES ANY FORM OF SANCTION IS ENTITLED TO SEE THE EVIDENCE WHICH LEAD TO THAT SANCTION BEING IMPOSED.

 

I believe that Jacqui has a LEGAL right to see the paperwork produced by the 'enforcement officer' and MUST demand it. If it cannot be produced or the request is refused then there are grounds to apply for the penalty to be either (a) set aside or (b) cancelled. In each case a refund must be given, and it should be possible to commence an action (funded by the LAB) for damages in the event that Jacqui wishes to do so. I also believe that her chances of success n such an action are substantially better than 50%.

 

Hands up all those who agree!

 

As ever

 

Dougal

Edited March 23, 2011 by Dougal16T
Bad spelling....again....poor keybopard!!!!

[jacqui_o]

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The Council manages 30 car parks in the district and operates a variable charging system, further information and clarification, including locations, is also available to download here - Where to Park in North Norfolk 2010 (pdf, 604Kb) or the leaflet can be picked up from the Council Offices or local Tourist Information Centres. Regular uses may like to consider a Season Ticket - further details are given below. Please note: The car parks at Horning, Beach Road, Sea Palling and Coast Road, Bacton are no longer part of NNDC's remit.

 

 

Car Parking Charges

These car parking charges come into effect 1 April 2010.

Parking charges apply daily between 8am and 6pm.

Daily charges are as follows:

• Standard Car Parks - £1 per hour for first two hours, there after 70p per hour, 8am to 6pm.
  
• Mini-Stay (at some Coastal Short-Stay Car Parks and Standard Car Parks) - 10p for 20 minutes maximum.
  
• Coastal Long-Stay Car Parks - £1.10 per hour, maximum £5 charge - tickets are transferable between long-stay car parks.
  
• Coastal Short-Stay Car Parks - £1 per hour, maximum stay 3 hours.
  

Please see below for Season Ticket charges.

Please note:

Disabled Blue Badge holders are not exempt from charges.

More information about Blue Badges is available via Norfolk County Council.