My Daughters claim with Marstons

[Bailiff Advice]

It is likely that you will not get a response from either the court or from Marston Group given that you are not the person named on the warrant.

 

A statutory declaration is possible but firstly you will need to establish the reason why your daughter did not know about the court fine.

 

Regrettably, I have been receiving quite a few enquiries recently where the magistrates refused to allow a statutory declaration. Unfortunately, many people consider that if they had not received a summons that this is sufficient grounds in which to submit a Statutory Declaration and that if accepted, the fine will be cancelled and with it...bailiff fees. In fact, a statutory declaration may only be accepted in cases where the individual had not known of the court fine. In such cases, the individual has just 21 days from the date of finding out about the fine to approach the court for an appointment.

 

Did your daughter receive any of the following documents:

 

The summons

 

A Notice of Fine /Collection Order from the court outlining the amount of the fine imposed

 

A Further Steps Notice (this is the final document from the court advising that a warrant would be issued if payment is not received)

 

A Notice of Enforcement from Marston Group.

 

As your daughter has two court fines, Marston Group would have had to issue two Notices of Enforcement. One for each fine.

[Bailiff Advice]

I very much doubt the bailiffs are collecting both fines together they will probably be dealt with separately

 

There is indeed forced entry for court fines

Sounds like letters been ignored until now

 

When the Taking Control of Goods Regulations 2013 came into effect in April 2014, the regulations imposed a condition that the enforcement agent should enforce all debts that they have on their computer systems at the same time. In such cases, only one enforcement fee of £235 can be applied.

 

This clause was specifically included in the regulations in order to avoid 'multiple charges' being charged.

[Bailiff Advice]

Thank you for your response.

 

Just to confirm, did you daughter receive all of the notices from the court about the Metro fine?

 

Do you have any idea how much each fine was?

 

How much are Marston's asking for?

[Bailiff Advice]

Thank you for responding. If it's ok with you, I will respond in detail early in the morning

[Bailiff Advice]

 

How much are Marston's asking for? - £685.00.

 

To be honest I have the money on Wednesday morning in full if required as my daughter has a baby and I don't want her hassled by these bailiffs when she is by herself with her baby. It was just if we can get the TV licence sorted out it might be a little chunk off the total balance. Is it worth paying the balance with these and then appealing after just to get them off our back.

 

 

If you read back on any of my replies on the forum you will see that I am a real stickler for getting 'background information' before advising what steps should be taken etc.

 

In this respect, I am concerned about the amount that Marston Group are asking for. Can you confirm that this is the amount that the enforcement agent wanted when the visit was made and that the amount (£685) is in respect of BOTH fines.

 

The reason why I am concerned is that there a two fines and accordingly, Marston Group would be required by law to send TWO Notices of Enforcement. Both letters carry a Compliance fee of £75. As enforcement agents should enforce both debts at the time time, only ONE enforcement fee of £235 can be applied. Therefore, at the time of the visit, bailiff fees alone accounted for £385. This would mean that BOTH fines only total £300 between them. Given that the debts are for a Metro fine AND a TV Licence fine, it would be usual for the fines to be for a lot more money.

 

I would suggest that you try to speak with the court this morning on behalf of your daughter. They may speak with you, in particular, if you state that you are willing to assist your daughter with payment. What you need to find out is whether there have been any payments made against either fine. If so, your daughter would not be able to submit a Statutory Declaration.

 

If it is the case that your daughter genuinely did not know anything about the court fines for the TV licence offence until the visit by the enforcement officer, then she can request a Statutory Declaration hearing.

 

Whilst the regulations do permit a statutory declaration to be submitted by post, it is the case that all courts require the defendant to attend the Magistrates Court in person for the actual hearing. This is because, the rules regarding statutory declarations changed last year and the position now, is that when the person attends court (for the Statutory Declaration), the Magistrate must ask your daughter at the same hearing whether she wishes to plead guilty or not guilty (to the offence). If your daughter pleads guilty.....then she will be asked to complete a Means Form (MC100) and a new fine will be set, taking her income etc into consideration. If she pleads not guilty then the case will be set down for a trial and a date will be given to her on that same day.

 

 

 

 

 

 

.

[Bailiff Advice]

A further point that you may want to consider. As you mentioned above, your daughter accepts that the Metro fine is correct.

 

If it is the case that the TV Licence fine is only for approx £150 (and please do let us know more when you have called the court) then personally, it may be better for your daughter not to consider a Statutory Declaration.

 

It is very unusual indeed to come across a TV Licence fine below £100 and given that Marston Group are only charging ONE enforcement fee of £235, you and your daughter may consider that the stress of attending the hearing is not going to be worthwhile if it only achieves a £50 reduction.

 

Please do post back when you have more information from the court.

[Bailiff Advice]

I would like to thank you in looking into this matter for me, I do appreciate it and I am currently in the process of phoning the court. I will let you know what is happening very shortly, but I think I will just ending up paying it and get it over and done with.

 

One thing before i go, should I pay the money direct to the bailiff or go the court and just get a receipt off one of them ?

 

If you do make payment to the court, the payment will simply be forward by the court to Marston Group so that they can apportion the payment in line with the regulations (Compliance fee deducted at source with the bailiff being apportioned on a pro rata basis).

 

Because of the many queries on this same subject, I wrote the following 'sticky' for the forum:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

[Bailiff Advice]

Well, I have rang the courts and got some interesting details.

 

We have found out that the TV Licence has been coming off her benefits when we presumed this was just an outstanding loan from the DWP so really she has been classed as knowing about the debt and has made payment towards it therefore the SD would have been a no go anyway.

 

I am so sorry that you have had to spend so much time getting this resolved.

 

As I said earlier, it is so important to get as much background information before considering a statutory declaration. In this case, your daughter could well have come in for some very severe criticism from the Magistrates.

 

Marston Group should have charged your daughter two compliance fees of £75 each (one for each court fine). If they have only charged one fee...that is their loss and your daughter's gain.

[Bailiff Advice]

Thank you for the kind words. They are very much appreciated.