Marston - motor offence

[doo]

Help and advice needed please. My daughter's partner was pulled over by the police in January for not wearing a seat belt, instead of paying the fine he attended a Road Safety Educational Presentation - as such his Fixed Penalty Notice was cancelled. He has written evidence from Essex Police to confirm this as indeed in this letter they quote "As such, I can confirm that no further action will be taken against you in relation to this offence".

 

A letter from Marstons was received on 2nd May asking for £215 for non payment of this offence, stating that they had a Magistrates Court Order and if payment not met in full they would attend 7 days later. The police advised to send copy of letter from Essex Police to Marstons, which was done via e-mail and was told if they called again in the meantime to show them a copy of this letter.

 

Now, today they have called again asking for just under £400 and have left another letter to this effect. Will obviously ring Police again but need to know if there is anything else to do.

[ploddertom]

Marstons do have a problem as most of their Bailiffs failed English and they have not yet learned joined up writing. I suggest you try the Magistrates Court where this originated and find out what has happened.

 

PT

[josephbloggs]

Hi, i thought if you had the option to attend a course, they would waive the 3 points on the license and you had to pay the fine all the same. Im not 100% sure but when my old man got done for speeding he did the awareness course had the points waived but had to pay the fine which was the fee for the course itself

[doo]

Thank you, will do this on Monday. My daughter did phone him and he said he was going to come back tomorrow and that in his opinion the Court would make him pay and that it would probably be better if they paid Marston and then claim it back. Obviously we said noooooooooo, her partner is working away at the moment and will not be back for another month, she has a 15 month baby and is 4 months pregnant, I call this harrassment. He added, he did understand and because he is a nice guy and understands (of course he does) he will wait till next week.

[wonkeydonkey]

I would suggest that not only do you send a copy of the letter to Marstons but a letter with a copy to the magistrates court, addressed to the Court Manager.

Meanwhile as long as Marstons do not get entry to your home or be able to perform a levy on goods outside your home (car/s) they are toothless. there is no law that says you must speak or deal with a baillif, they cannot break into your home, employ locksmiths, arrest you take your kids into care or auction your grannies false teeth.

 

WD

[doo]

OK, no court papers have been issued, simply that if payment is not made then he will be liable for substantial costs. Marstons had a copy of Police letter on 8th May.

[doo]

Just to add on the bailiffs paperwork in written pen added by the bailiff it says "client - Southend Magistrates Court" but no court papers.

[ploddertom]

Thank you, will do this on Monday. My daughter did phone him and he said he was going to come back tomorrow and that in his opinion the Court would make him pay and that it would probably be better if they paid Marston and then claim it back. Obviously we said noooooooooo, her partner is working away at the moment and will not be back for another month, she has a 15 month baby and is 4 months pregnant, I call this harrassment. He added, he did understand and because he is a nice guy and understands (of course he does) he will wait till next week.

 

In this condition in my view she would be classed as vulnerable and all enforcement agencies have signed up to abide by the National Standards for Enforcement Agents. To claim this however proof of the vulnerability should be sent to the Bailiffs. I would suggest write a letter and send by email outlining she is a mother of a young child with another on the way, proof may be obtained from her midwife which may be sent ASAP afterwards. http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf Page 9 applies

 

PT

[brassnecked]

Just something to bear in mind, if she attended a course there would likely be a fee to be paid, not as high as a fine, but if this wasn't paid, then they might have set the dogs from marstons on her for this fee. Just looking at a possibilities. once the clowns at marstons have it they will ramp up fees ad infinitum. Agree ploddertom, OP must indicate to magistrates that she is likely vulnerable, and why are the dogs loose when she attended a course to avoid the fine.

[zydeco]

if she attended a course there would likely be a fee to be paid,

 

I attended a speed awareness course last year, this avoided the 3 points but the fee was higher than the fine by about £20. Also it had to be paid in advance before the course.

So if the course was taken, it's paid.

[doo]

The course was run by Essex County Council - as far as I am aware there was no fine imposed - the letter states that by attending course and submitting fixed penalty notice it has disposed the offence.

 

The thing that alarms me is that the Bailiff was quoting Southend County Court - when there are no court papers. Also, he has asked her to ring him on Monday to let him know if she is paying or not and that he could not take a part payment - payment had to be made in full.

[brassnecked]

The course was run by Essex County Council - as far as I am aware there was no fine imposed - the letter states that by attending course and submitting fixed penalty notice it has disposed the offence.

 

The thing that alarms me is that the Bailiff was quoting Southend County Court - when there are no court papers. Also, he has asked her to ring him on Monday to let him know if she is paying or not and that he could not take a part payment - payment had to be made in full.

 

Perhaps Essex CC charged a fee for the course which was overlooked, or you weren't informed or given a bill, hasn't been paid, so went for a CCJ, and sent the bailiff.

[tomtubby]

It is always the case that the magistrate court MUST send your partner a Further Steps Notice BEFORE they issue a Distress Warrant. All enquiries concerning this matter should be referred to the Court and NOT Marston Group. Unless they are instructed otherwise, they have to enforce the warrant.