I received a 'Notice of Enforcement' from Marston today with regard to an unpaid parking fine dated 19/2/13

[linda50]

Hi,

 

I received a 'Notice of Enforcement' from Marston today with regard to an unpaid parking fine dated 19/2/13 saying a warrant has been issued by Northampton County Court.

 

This is the first time I have ever received a letter from them regarding this.

 

The letter said I must pay the full amount or agree a payment arrangement by 17/4/14.

I therefore phoned Marston to arrange a payment plan of £10.00 per month to be told that the minimum they can accept is £35.00 per week.

 

I told them that this was too much and I only have £17.00 per month spare after paying off all my other debts but they would not accept it saying that they cannot accept anything less as it has already gone to court.

 

I therefore asked them if they could confirm in writing that they would not accept my offer and they said they cannot unless I write to them requesting this.

 

I then told them that I only had 4 days to do this which wasn't long enough so could they put my case on hold but they said they couldn't and I would have to email them.

 

I then asked how long it takes them to reply to emails and he said it could take upto 7 days.

 

Can they refuse my offer and if not do you have a template of a letter that I could send to them please.

 

Thanks

[lookinforinfo]

Did you not know that you had a parking fine? Have you received any notifications since the PCN was issued? Did you know the case had gone to Court?

 

Have you moved address recently?

 

In the meantime, keep your car well away from your property to prevent it being clamped or towed.

 

Do you know why it has taken so long for marston's letter to get to you?

[linda50]

I never received the parking fine from Westminster Council in the post but am not denying a parking ticket wasn't issued at time as I wasn't the driver. This is the only letter I have received from Marston regarding this matter but apparently they said they wrote to me previously which I never got. This is the first I knew about it going to court.

 

I have no idea why it has taken so long for Marston to get in touch.

 

I am happy to pay what I owe but just can't afford to pay the whole amount of £227.00 (which includes costs) in one go.

 

I a

[ploddertom]

As you should have received around 3 different letters from Westminster you need to find out exactly what address including postcode everything has been sent to. Firt thing Monday you need to contact the Traffic Enforcement Centre and ask.

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre/frequently-asked-questions

 

As for the Bailiff you must try and make an arrangement with them if you cannot appeal to the TEC. You will already have been charged a Compliance Fee of £75 and if you cannot come to an arrangement they may visit which will add another £235 to the debt.

[ploddertom]

If you have a vehicle adjacent to your property then it may be at risk of seizure & removal. If it is the vehicle stated on the Warrant then this would make it even easier.

[lookinforinfo]

How much are Marstons charging you, as it may be,given the times mentioned by you, that the letter may have been delayed in order to claim the higher fees that have just come into force.

[linda50]

They are charging me just the £75.00 compliance stage fee plus the £202.00 owed to Westminster Council.

 

I do want to pay it but have asked them to accept £10.00 but refused saying the least they can accept is £35.00 per week.

 

I would just like an idea of a letter I could send them offering the £10.00 so they can reply stating they are not willing to accept it as stated on the phone.

 

Thanks

[lookinforinfo]

It is not up to the HCEO to decide how much you must repay-it is the Court that decides.

It is vital that you find out asap on Monday why you did not get the mail relating to the PCN. It would not be believable by the Court that you had not received any

correspondence from Westminster nor the Court if they all used your current address.

Once you have discovered why you did not receive any notifications then you must fill out forms PE2 and PE3 and send them off immediately. Once the reason for not getting your mail is accepted, the HCEO is called off and the PCN put back to its original amount.

 

If the reason for non delivery is unclear, then you will need to write to the Court sending in an income and expenditure from asking for time to pay and they should agree to

some method of payment from you, but whatever you do, once you make an arrangement with the Court, please stick to it or the HCEO will be back to see you and it will be

an expensive visit.

[HCEOs]

It is not up to the HCEO to decide how much you must repay-it is the Court that decides.

It is vital that you find out asap on Monday why you did not get the mail relating to the PCN. It would not be believable by the Court that you had not received any

correspondence from Westminster nor the Court if they all used your current address.

Once you have discovered why you did not receive any notifications then you must fill out forms PE2 and PE3 and send them off immediately. Once the reason for not getting your mail is accepted, the HCEO is called off and the PCN put back to its original amount.

 

If the reason for non delivery is unclear, then you will need to write to the Court sending in an income and expenditure from asking for time to pay and they should agree to

some method of payment from you, but whatever you do, once you make an arrangement with the Court, please stick to it or the HCEO will be back to see you and it will be

an expensive visit.

 

To be clear, they will not be acting as an HCEO in this matter but as Certificated Enforcement Agents.

[lookinforinfo]

Thank you HCEO. I took it they were acting as HCEOs because of post 1 that a warrant had been issued at Northampton County Court.

 

However if they are acting as bailiffs, then it appears they may have waited until now so that they can charge £75 rather than the old rate of £24.50