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i am too having trouble with marston bailiffs over a car parking fine of which i didnt know id received,

 

the bailiffs were asking for a amount of 441.00

 

upon phoning the national debt helpline who were fantastic help.

 

i found out according to the The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 ,

as my fine was under £100 they are only legally allowed to charge me £11.20 for one letter and £28.00 per visit up to a maximum of 3 visits plus VAT.

 

i should owe £193.20.

 

they are not allowed to charge anything else unless they have listed (levied) your goods.

 

Remember you do not have to let them in your house.

 

the only time a bailiff can instruct a locksmith is for court fines or unpaid income tax.

 

they will try these "scare tatics" but DO NOT LET THEM BULLY YOU.!

 

they are not allowed to push passed you,

 

they have to enter peacefully that means you agreeing to letting them in but DO NOT DO THIS.

 

I dont even open my door to them .

 

the next thing i had to do was contact the traffic enforcement centre(TEC) And ask to complete a out of time statatory declaration this will stop all bailiff action

if a bailiff visits again his warrent of execution is not valid .

 

untill they reach a decision usually a few weeks if they refuse they can re appoint the bailiff.

 

which they have to me !

 

i have now filed a FORM 4 to the court of which the bailiff was certified this is a complaint form towards the bailiff.

 

you can then take a copy of the inventory or notice and a copy of the above legislation and send this to your local police for a fraud investigation!!

 

as the fees he is charging you are illegal !!

 

i have wrote to the marstons group by letter and recorded posted the letters so they cant say they didnt receive them !!

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the original parking fine may well be under £100

but by the time it gets fees added on by the council for non payment and then put thru northampton TEC it will be well over £100

 

 

you can ask for a breakdown of the fees

 

 

if you lose the appeal as such then i suspect you will get time to pay as the clock is rolled back to a point you cab defend yourself

 

a form 4 complaint, in this case will not carry much weight as its Marstons as a company that work out the charges i think, so the bailiff just gets the bottom figure to enforce

form 4's are really used to complain against the indervidual bailiff that he has broke the law etc

his defence will be the office works out the breakdown and gives me the figure

so its a complaint to the OFT against Marstons would carry more weight i think, i might be wrong but i would seek better advice from CAB etc

Edited by sgtbush

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