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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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yet another sleepless night worrying!!


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hi everyone i have really reached rock bottom on this, im so worried about it all i dont know where to turn and this is yet another sleepless night 3rd this week

 

basicaly it all started with some motoring offences back in 2003

no insurance, attended court and took my penaltys in the form of points and fines

i was on benefits at the time so payments were being regularly made direct from my money

anyway long story short i sperated from my parnter and moved out to a flat on my own got a part time job and the money didnt stretch to paying rent and bills i did have help from housing benefit but i wasonly earning £92 per week and every single penny was accounted for

so needless to say the court fines didnt get paid they send a few letters which i filed under sort later, but like most i never got around to sorting it, i just didnt have a single penny left to offer them, so i ignored and ignored until recently i received a letter from MARSTON saying they are going to force entry in the way of a lock smith and take my possessions

my court fines were approx £1000 and not marston has added there bits its now £1396

 

i dont know what to do. if i can borrow the the original £1000 court fine money and pay it off and can i avoid paying the extra £396 and the courts leave me alone

 

if not

can i offer to pay £100 per week taking 14 weeks to clear the debt, even though they state they want full payment only, and there website says they do not allow payment arrangmets

 

i cannot stress how ill and depressed i am over this, and the lack of sleep isnt helping at all but i dont want to bore you all with it as im sure you have read it all before countless times

i know its my fault for ignoring it all i put my hands up and accept i did wrong but at the time it seemed the easiest way out

 

please please help me

i cant afford to move house finnacialy to avoid them and i also know it will only get worse

i havent contacted either the courts or the baliffs yet

 

what do/can i do please help!!

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Welcome to the site,I see that you are still here so still not sleeping.

If you could just answer some questions,I am sure others will be here to advise you a little later on.

 

1.When did you last make a payment.?

 

2.Have you moved address since or else had any notices from the Court prior to Marstons ?

 

3.How was the Marstons letter delivered to you and what date ?

 

4.Can you confirm that this is the only letter from Marstons ?

 

5,What is your financial position now-are you on any benefits ?

 

6.Are you currently getting any treatment for illnesses ?

 

7.is the letter giving the name of the bailiff ?

 

 

If you could answer these questions please.

You have no doubt been reading some threads and guidance here-keep doors and windows locked and dont answer the door to them.

Remove anything of value from sheds or outhouses and garden.

 

As I say there will be someone here to add more later-at this hour most of our members are sleeping-and you should try to do the same.

Try not to worry-you will get some good help here,not just consoling words-but importantly help with getting things sorted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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hi and thank you in advance.

 

last payment would have been made approx 15 months ago

 

i havent moved since, and have had notices in past previous to this

 

marstons letter was deliverd via post 2nd class and was posted on the 14/10/2011

 

i believe there was a letter previous to this one, but i cannot find it anywere so im not 100% sure

 

im currenty still working part time(iwork with disabled children), and i receive housing benefit help

i regularly receive treatments with regards to crohens disease, i used to be on anti depressants but stopped taking them as side effects were bad and didnt agree with me

 

no name of baliff on letter

the letter basicaly says, you have failed to pay the outstanding amount shown above registerd against you

then goes on to say they have court authority to remove goods from my premises and impose fees and charges

and i now need to settle the balancein full IMMEDIATELY with marston or they will attend my address to remove goods

and that i should be aware that the amount is in relation to a warrant issued by her majestys court service or her majistys revenues and customs

then goes on to tell me the differnt ways i can pay.

 

and yes im still awake!! but so damn tired.. but just cant get this out of my head long enough to fall asleep

Edited by jadeuk
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ok i bit the bullet and called them, i thought i have nothing to loose and atleast if i call and they wasnt very helpfull then i atleast knew roughly how long i had toget all my stuff out of my house before they came, but surprisingly they were very understandable

i offerd to pay a lump sum today and 8 individual payments every week

which they accepted

i asked her to put it in writing but she said until i make the first lump sum today they cant do anything on there system

is it advisable to pay this lump sum today based on the phonecall or will they default on there side once they receive the payment?

 

i will be happy when its sorted so i can get back to living

actully there going to want that payment today for sure, if i ask them to email me the payment arrangment, would that be enough evidence if they debunk on there side of the agreement?

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Hi Jade I’m not up on motoring offences but sit tight and the cavalry will be along soon to help you sort this out Above all try not to worry this really is a great site with lots of very good people

 

thanks shinysheen, i contacted the courts and it turns out it was for several offeences that had all been squashed together, im gutted i have to fork out money but in all fairness i owe it so it has to be paid, and if im being honest im just really glad its finaly being dealt with

 

i just need to know that if i make the payment today will they leave me alone and stick to the agreement. its in there best interest if they want to recover the monies owed really. so i dont see why they would debunk on it. my only concern is that i have read so many bad stories regarding these people that i dont think any actions they take would surprise me now.

do you know if i can requst an email confirmation regarding the payment scheme ? once i get some kind of form of evidence regarding this i will make the first payment to them

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I would just hang on a little-for a response from our senior members.

Is there an actual breakdown of what they are demanding ?

If the original fine was £1000 where is the £395 coming from ?

Can you confirm that this letter was sent by post / posted by hand through your door ?

 

Your illnesses class you as vulnerable,and you are also on low income.

Therefore in that regard it may be possible to get an agreement made which gives an extended period for repayment.

This would reduce the payments to an amount that you will be able to afford.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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i didnt get a breakdown from marston but i did get one from magistrates courts, my fines came to a total of £1121.51 and marstons added the extra bit on, i can cofirm the letter was posted also the letter also states that "i need to settle payment OR they will attend my address to remove goods", they clearly state this on the letter indicating to me that they havent sent anyone out yet but will if i continue to ignore it

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Ok understood.

I have sent messages to our senior members asking if they can pop in here to take a look.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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