marston bailiff's advice please

[kardave]

Hi all, I had an 100 fine for motoring offence, unfortunately I have been away from my house for months caring for a terminally ill relative, I got home today and there were two bailiffs letters , saying they were coming to take my stuff and debt now owed is 683.00, im at wits end, can I make an arrangement to pay a manageable amount, or will they say I have to pay all, any one got any advice I am worried sick, thanls for any help

[unclebulgaria67]

Is this a PCN issued by a local council or a Magistrates court fine ?

[kardave]

i'm not sure , does it make a difference who its off..

[unclebulgaria67]

i'm not sure , does it make a difference who its off..

 

Yes it makes a big difference. Different bailiff fees and powers, plus a different way to resolve each. You need to look through the letters from the bailiffs to see what info they provide and if not on there, you should give them a call to find out details of who issued the fine.

[kardave]

Thankyou will do.

[tomtubby]

If the debt is for an unpaid parking ticket...it is a civil offence.

 

If the debt is for something such as speeding , driving a car without MOT or insurance etc then it will have been imposed in a Magistrates Court and will be a criminal offence ( and the bailiff is permitted to force entry).

 

Therefore there is a HUGE difference between both motor related offences.

[josephbloggs]

Easy way to tell is on the letter it will say xyz borough/city council if its a parking fine or HMCS & court name if its a mag fine

[kardave]

hi , yes it says hmcs so is a court one, it was for driving over a closed bridge, never saw sign. So will I just have to let them in and take my things? I don't have much worth anything in my house, only thing is my car, which I needto drive 15 miles daily to work ,and three times a week to visit my son , in long term hospital, is there nothing I can do to pay it off a bit at a time, any help really appreciated .

Edited June 28, 2013 by kardave
to add questions

[tomtubby]

The main point to consider is whether or not you had received a summons from the court. You have stated that you were away from your home for a few months caring for a relative. Possibly a summons was sent during this period of absence.

 

If you had not received a summons then it is a simple matter of contacting the Magistrates Court and requesting permission to file a Statutory Declaration. The Distress Warrant will then be revoked and all fees removed. The relevant court may then reissue a new summons to you and you will then be given the opportunity to enter a plea and to complete the attached Means Enquiry Form .

[kardave]

Court has said there is nothing they can do and I need to contact marstons, I am really worried now. Can any one tell me what the bailiffs will do, will they just take my stuff, or will they allow me to pay off over a time, thanks

Edited June 28, 2013 by kardave
missed question

[unclebulgaria67]

C

Court has said there is nothing they can do and I need to contact marstons, I am really worried now. Can any one tell me what the bailiffs will do, will they just take my stuff, or will they allow me to pay off over a time, thanks

 

You have spoken to the wrong person. On Monday see if you can visit to do a statutory declation and speak to Magistrates about your situation. I suspect that late on a Friday the Magistrates court staff are just wanting to go home.

[kardave]

I think you are right, late on a Friday, not a good time to call, I will do that first thing Monday, thanks for your help.

[kardave]

Today i had a notice thru door saying that marstons bailiff is returning witjh a locksmith and has the power under'schedule 4a magistrates court act 1980 and they can come in by force. I dont know what to do the only thing of value i have is car, i have to pay 626.00 for an 80.00 fine, i can pay 20.00 a week to pay fine off, but i know once they are in , they wont agree to this, please please can anyone advise me, desperately worried, i am long term anti depressants for severe depression and cant cope .

[tomtubby]

Instead of starting a new thread it would be far better to post under your original thread. In that way viewers wil be able to read the background to your query.

 

Have you spoken to the court to advise them that you had been away from home for a few months and that you had not received a summons? It is so important that you do this as you should be allowed to file a Statutory Declaration.

 

Also, you say that you are on long term anti depressants for severe depression. Have you WRITTEN to Marston Group to advise them of your vulnerability?

[ploddertom]

2 threads merged together.

[seanamarts]

Did you go to the court.