Un-paid Penalty Fare notice

[jonhpkns09]

Good afternoon all,

 

I'm currently in search for some support regarding an un-paid penatly fare which has now been passed from the magistrates courts to Marston Baliffs.

 

last June i made the mistake to travel without a valid ticket on a south west train. I was caught through my stupidity and had to provide address details etc as i was unable to pay the full amount at the time. Now instead of addressing the issue immediately i left the fine unpaid and was contacted by my parents in December reference to one or two notifications they had recieved through the post in reference to the outstanding amount. I did continue to ignore the reminders but did speak to the (at the time) current debt recovery team to request direct debit mandate details be sent through and also got the address changed to my previous city address in early Jan. I failed to return this information. I split with my partner at the end of Jan, left my job and moved back to the town i grew up in to a friends. I recieved a notification to this address in August reference to the outstanding amount from Marstons who basically advised that they had used certain techniques in obtaining my current address via tracings and investigations.

 

After numerous calls yesterday afternoon as i know these things won't go away and along with maturatiy and just simply wanting to resolve this deep depressing issue i was told that it had moved via the following South West Trains > IRCAS > Salisbury Magistrates > Paul Enforcement > Marstons. I was advised that i would have recieved a court summons which upon speaking to the magistrates yesterday would have gone to my parents address. I'm surprised at this as they usually open most mail that gets delivered and i've never been aware of such a letter.

 

When i spoke to Marstons they simply told me if i do not pay the total of 663.90 in full then there is no alternative other than to await a visit from an enforcement officer. This clearly isn't what i want and despite suggesting due to other financial obligations (i've recently moved into my own place) that i pay this in monthly sums ie £100.00pm i was told this wasn't a possibility as the court have asked for the full amount.

 

After hearing this i was desperate not to allow the baliff's to perform a visit as at present they will be going to a friends address to which i no longer live. Equally (although im sure they can work it out again) i dont want to provide them with my new address. I then contacted the magistrate's court again to ask if they could potentially recall the debt and let me set-up payment via them. They said this could potentially be an option but i would need to either write into the courts asking for the case to be re-opened or file for statutory declaration.

 

I guess what i'm after here is some support or suggestions through no fault but my own on what would be the best way to proceed. I do have 1 or 2 payday loans who are currently being dealt with via a debt management team but they wont touch this kind of debt as it needs to be paid immediately.

 

I accept the debt is mine, i accept i was ignorant and i accept this needs to be sorted but what i can't accept or physically do is pay the full total off. I am unable to approach family or friends in reference to financial support to clear this either nor would i want them to share this experience with me. I got myself into this mess and i need to sort it.

 

All help and/or suggestions is greatly appreciated.

 

If i need to explain any more to assist please let me know. I'm afraid my knowledge on notifications, letters etc is very limited due to changes of address and mobile number.

 

Thanks in advance,

 

Jon

[jonhpkns09]

Hi,

 

163 views and no suggestions. Am i really in that deep?

 

Please, any help would be greatly appreciated.

 

Jon

[Jamberson]

I don't know the answer but I think the court gave you two options? Get the case re-opened or file a statutory declaration.

 

Let me say upfront - I am no expert in this area. But as I understand, the statutory declaration process requires you complete some forms and send them to a court - not sure which one. You can generally contest bailiff charges if you were not in receipt of prior documentation. The purpose is to get the bailiff fees revoked.

 

Unless someone here can give you some better guidance, you might have to research this elsewhere on the internet - and have alook around the main forum here to see if there are other pages where you might get some expertise - eg, look for a section about court debts.

[Bandit127]

Out of the the two addresses I would have the bailiffs attend I know which I would prefer.

 

If you truly want to sort this out then man up and send the bailiffs your new address.

 

Allowing the possibility that they will turn up at a friends house - who has helped you out by putting you up in your hour of need - is simply ......... (I am struggling for the words here so I suggest you fill in the blanks with some of your own).

[Jamberson]

Out of the the two addresses I would have the bailiffs attend I know which I would prefer.

 

If you truly want to sort this out then man up and send the bailiffs your new address.

 

Allowing the possibility that they will turn up at a friends house - who has helped you out by putting you up in your hour of need - is simply ......... (I am struggling for the words here so I suggest you fill in the blanks with some of your own).

 

He's already said he's desperate for the bailiffs not to visit his friends. He's looking for a way out if this - try and help him.

[wonkeydonkey]

If you were not living at the address the fine was issued to then the Court (for once) have it bang to rights....you can attend the issuing court and make a stat dec to that effect....if they accept it the fine will be reissued and bailiffs called off or, you will need to write to the Court and explain the same again and ask they reopen the case to allow you to either pay the fine in full or agree a payment plan.

[jonhpkns09]

Hi,

 

Thanks Jamberson and Wonkey Donkey appreciate you getting back to me. I spoke to Marstons on at 18th, indicated to them i could make the full payment at the end of October, additionally i updated them with my new address. I'm not sure if that was a stupid idea or not but although Bandit127 wasn't particulary helpful the last thing i want is it impacting my previous friends property. I had a conversation with my current flatmate on Wednesday evening and he very kindly said he will able to lend me the money under a personal agreement on Friday the 28th of Sept. I contacted Marstons on the 19th to indicate this. On both occasions they said all they can do is update the account but can't gaurentee it will prevent a visit.

 

If i'm brutally honest my only concern at this stage is they will intentionally visit my property now prior to my payment to obtain there attendance fee (£200). Where do i stand with this? Presumably know where as they will just say 'it was going to happen anyway' I guess what im trying to prevent is them trying to get extra cash.

 

Anyway, any suggestions are welcome.

 

I guess the next time i re-post will be confirmation of final payment and the end result. Wish me a non-visited good luck

 

Jon

[Jamberson]

Without their agreement, I don't think you can stop them from visiting. They are not obliged to wait until 28th.

 

You could possibly try stalling them by emailing and asking for a payment plan. It might buy you a little time.

[jonhpkns09]

Hi All,

 

Just to let you know i paid this fine in full on the 28th (yesterday). I'm not sure if me keeping them up to date (as i hadn't since originally getting the fine in June 2011) prevented a visit but between there letter on the 15th of August and now they did not visit or add any additional charges on.

 

I think the moral of the story here is if you have been fined for a 'priority debt' (council tax, electricity, water, train/car, DVLA) these ones are serious and do need your full attention. I can't tell you how stressed i was in regards to a visit etc. Also in addition to what I've said I really do wish i would have just paid the £40 fine initially and not the £663.90 i paid yesterday.

 

Thanks for all contributions, it does really look like if it's a genuine fine you really are on your own to sort it! As i was told.. You need to man up

 

Jon

[tomtubby]

I am sorry but I had not seen this query sooner. The CORRECT position is that you should have called the court and ask them to allow you to file a Statutory Declaration on the basis that you had not received the summons. This process is so very simple and the effect of the Stat Dec would have been to revoke the Distress Warrant. A bailiff fees would also have been cancelled.

 

In fact, from reading your post again the court appear to have suggested this option to you !!!

 

Even though you have paid, you are still able to file the application and the warrant will still be revoked and you should then be entitled to a refund of the court fine AND bailiff fees of £300.

[brassnecked]

Why not file the Stat Dec, and take the bailiffs beer tokens from him? You can then pay the original fine amount .

[tomtubby]

I seem to remember that I have an email from the Ministry of Justice confirming that if a stat dec is filed that a refund of the fine and bailiff fees will be given.

 

It must be remembered that a Statutory Declaration is a legal document that is available to "remedy a default" in "rewinding" the case to an earlier stage so that a person is able to (for instance) pay a parking ticket or fine at an earlier stage and thereby having the benefit of a discounted rate. In the case of a criminal offence the acceptance of a stat dec allows for the person to file a defence etc.