Bailiff action for not paying fine for driving in a bus lane (Which I knew nothing about)

[Marky1701]

Hi All,

 

Well its been quite a day, one to forget really but I need any help and advice I can get please.

 

Just about to leave for work this morning, and this guy walks up, saying he has a warrant to collect money for a court fine I apparently got for a parking offence. He said he was a court officer from Marstens representing Northampton County Court.

 

I was completely taken aback, as I did not know what this was about. I asked him to show me what documents he had but he would not. All he said was that I had to pay or he would seize my car. I kept it polite, and told him that until I knew what all this was about I was not going to pay anything and he certainly was not going to have my car. He then became quite agressive and told me that if I did not, he would call the Police and get me arrested. I had to go to work but I did get a reference number off him and then drove away whilst he told me he was calling the police and they would arrest me.

 

Duly frightened, I emailed Northampton court ( or TEC as I was by this time doing some serious Googling) and asked them what all this was about.

To my knowledge, the only parking problem I have had in the last 15 years is when I got a bill from a parking company accusing me of staying in a Tesco car park all day - that was sorted with a couple of emails and they dropped the fine.

 

Fortunately, the TEC responded quickly, and told me I had to fill out a TE7 and a TE9. I contacted Manchester court for details, and apparently I was done for driving in a bus lane last January?

 

I filled the forms out, and emailed them straight back - the TEC replied they have recieved them, they would send an email and will send the form back to Manchester court for them to look at this on the grounds I knew nothing about it.

 

I also emailed the bailiffs with the email thread which confirmed this.

 

Question please; where do I stand with all of this? This guy from the bailiffs was a nasty piece of work but can he still take my car and have me arrested?

 

Frightened to go home at this point.

 

Any help or advice would be really appreciated

[citizenB]

I will try and find someone to advise. Although I think as you have now advised the bailiffs that you are going to appeal this then they should stop.

 

As I think this is a bailiff issue I will redirect your thread so you will get more exposure. Have also amended your thread title to reflect the situation.

[Jamberson]

This thread would be better on the bailiff section I think - more expertise there.

 

The bailiff can't "get you arrested" - he has no such decision-making power. His job is to get money or goods from you, and so far he has done neither - so he's not too much of a threat.

 

If TEC advised you to fill out a TE7/TE9 and you have done so, then you have begun the process of contesting the bailiff.

 

The biggest risk at the moment is that he will return and clamp your car before TEC have processed the paperwork. Can you keep it somewhere else for the next couple of days? Parked in a locked garage? Leave it at work? If he can't find it, he can't clamp it.

[Marky1701]

Thank you for your prompt reply Jamberson, good to know what you said, but it is very intimidating. here is an email I got back from the TEC once I had sent them the TE7 &TE9

Dear Sir,

Ive just checked your case again and they have now been processed.

 

The TEC will now notify the Local Authority concerned that an application has been received and processed. Upon receipt of this notification the Local Authority is required to suspend any enforcement action.

A copy of your application will be sent to the Local Authority.

· The Local Authority is given 19 working days to decide if they wish to accept or reject your application.

·

· If the Local Authority accepts your application within this time limit, the court registration will be revoked (i.e. cancelled). N.B. This does NOT cancel the original penalty charge. The matter will be referred back to the Local Authority.

·

· If the Local Authority rejects your application, the court file will be referred without a hearing to a Court Officer who will make an impartial decision. You will be notified of the result.

[Jamberson]

Once TEC tell the local authority (which should be within a day or so) the local authority have to put the bailiff on hold, so you have some breathing space. It's just this interim period before the messages are sent and actioned where a possible risk of clamping exists, but you should be fine by tomorrow or the next day.

 

This looks to me like a standard local authority charge, in which case there is no threat of arrest. The only hypothetical one would be if you were confrontational with the bailiff and the police wanted to intevene, but that's just not going to happen now, after the event. It's just bluster to scare you into paying.

 

Hopefully someone will be able to give you some better info. I'm not too clued up on bus lane cases.

[Marky1701]

Thanks again Jamberson.

 

No, I was not rude or confrontational with him (apart from refusing to let him take my car or pay him money) as I was in a state of surprised shock, and really did not have time as I needed to be at work.

 

I am now however more than a little miffed that he treatened me with being arrested when he apparently had no right to - he literally was on his mobile phone as I left shouting (for all my neighbours to hear) that he was calling the Police there and then to get me arrested. I have spent the day worried sick that the Police were going to turn up and march me off at any time.

 

I guess I will have to see what happens this weekend, but I have printed off all the eamils from the TEC and if he turns up will show them to him.

[citizenB]

Whilst it probably wont do any good, you could write a letter to Marston's Head office and make a complaint about the Bailiff's behaviour.

[sgtbush]

ok their is a complaint here that would be upheld, misrepresenting his powers, that is illegal and i would take advice from other more knolwagble people here but this may warrant a form 4 complaint.

all he has is a warrant of exeuction, its parking tickets. he has NO arrest powers, NO say so in what happens even if he did, only a judge can authorise that.

Misrepresenting his powers is illegal, he was trying to scare you.

 

i would put a writtain complaint into marstons requiring them to tell you his name, where he is certified ( which court) dates the cert run from-to.

i would aslos say in the letter that you will be considering, under legal advisement a form 4 complaint against him.

they must, by law furnish you with all that infomation, it is not a SAR so no fee is payable

[tomtubby]

Hi All,

 

Well its been quite a day, one to forget really but I need any help and advice I can get please.

 

Just about to leave for work this morning, and this guy walks up, saying he has a warrant to collect money for a court fine I apparently got for a parking offence. He said he was a court officer from Marston's representing Northampton County Court.

 

I was completely taken aback, as I did not know what this was about. I asked him to show me what documents he had but he would not. All he said was that I had to pay or he would seize my car. I kept it polite, and told him that until I knew what all this was about I was not going to pay anything and he certainly was not going to have my car. He then became quite aggressive and told me that if I did not, he would call the Police and get me arrested. I had to go to work but I did get a reference number off him and then drove away whilst he told me he was calling the police and they would arrest me.

 

Duly frightened, I emailed Northampton court ( or TEC as I was by this time doing some serious Googling) and asked them what all this was about.

To my knowledge, the only parking problem I have had in the last 15 years is when I got a bill from a parking company accusing me of staying in a Tesco car park all day - that was sorted with a couple of emails and they dropped the fine.

 

Fortunately, the TEC responded quickly, and told me I had to fill out a TE7 and a TE9. I contacted Manchester court for details, and apparently I was done for driving in a bus lane last January?

 

I filled the forms out, and emailed them straight back - the TEC replied they have received them, they would send an email and will send the form back to Manchester court for them to look at this on the grounds I knew nothing about it.

 

I also emailed the bailiffs with the email thread which confirmed this.

 

Question please; where do I stand with all of this? This guy from the bailiffs was a nasty piece of work but can he still take my car and have me arrested?

 

Frightened to go home at this point.

 

Any help or advice would be really appreciated

 

.

 

.

I am very confused by this. You say twice that you spoke with Manchester COURT and that you were apparently "done" for driving in a bus lane. Do you mean that you spoke with Manchester COUNCIL. ?

 

On what basis did you file the OTT

 

When you spoke to TEC did they advise you of the address where notices had been sent?

 

Have you moved address?

 

Is your vehicle leased or on finance?

[Marky1701]

Hi and thanks for your replies so far.

I spoke with the parking ticket office in Manchester - as I had to put details of the offence on the TE7 but I had no idea what date it was or where the offence took place - I had to get the details off them.

No I have always been at the same address, and my car is paid for

I filed the OTT on the basis I knew nothing about this and had received no paperwork.

[tomtubby]

As you live at the same address unless there is something strange in your "address field" the application will most likely be rejected. You will have 14 days in which to "seek a review". If you fail to do so, the warrant will come "of hold" and can be enforced once again.

 

It is important to get copy of all notices from the council. Also, do you receive the DVLA notice to remind you that your car tax is due? If you fail to get this then it is normally the case that there is something wrong in the "address field".

[Marky1701]

As you live at the same address unless there is something strange in your "address field" the application will most likely be rejected. You will have 14 days in which to "seek a review". If you fail to do so, the warrant will come "of hold" and can be enforced once again.

 

It is important to get copy of all notices from the council. Also, do you receive the DVLA notice to remind you that your car tax is due? If you fail to get this then it is normally the case that there is something wrong in the "address field".

 

Hi and thanks for that, how do I seek a review? And how would I get a copy of all notices from the council - would it just be a case of calling them? I do not get notices to get my tax through the post

[tomtubby]

You need to call the council and ask that they send to you copies of all statutory notices.

 

You will only need to "seek a review" if your application is rejected. We are not at that stage yet so there is little point even considering it. In any event, it is simple matter of CORRECTLY completing an N244. Sadly, in almost all cases, the form is completed wrong. Anyhow, no need to this yet.

 

Worried that you do not get road tax reminders for the vehicle. Please check your V5C to ensure that your address is correctly showing and post back after doing so.