Marston Enforcement Agencts gave me fright of my life.......

[luau]

Hi Everyone.....it's my first post here, I hope someone can give me a little bit of advice

 

Yesterday lunchtime there was a huge knock on my door,

answered the door and was greeted by what looked like 2 police officers

(all in black, stab proof vests, walkie talkie) - my heart was in my mouth.

 

 

They asked to speak with my husband (who wasn't in).

They showed a badge and advised they were enforcement agents from the court to collect a debt for an unpaid council parking charge from 2014.

Total amount owed £422.

 

 

One of them radio'd to someone to tell them "stand down I've made contact".

They came in and explained that bailiffs were following behind (30-40 mins)

and should I not pay they would add fees on.

 

 

I was absolutely in a bit of a panic, unsure what to do.

I actually remember the debt and stupidly thought we had sorted it

(we disputed owning the car at the time of the parking charge).

 

 

The enforcement agents were polite and friendly but they said there was no option but to pay

(if I couldn't pay or get someone to pay) then bailiffs would follow and they had already gained entry.

 

So, I paid £422 on my debit card.

 

He wrote me out a receipt and gave me details of who I needed to contact if I did dispute the debt

(DVLA firstly then go to Northampton County Court with the evidence).

 

 

He also showed me some paper trail on his ipad thing which said that someone had been at 7.08 on a Friday in January

(I am in everyday with children so deffo not true).

 

Now the panic is over I am feeling somewhat stupid.

I looked at the receipt and it is from Marstons!!!!!!

So, were they just bailiffs dressed up to look all official????

 

We have had no correspondence from the bailiffs

(this I can guarantee as I work from home so get the post each day)

 

 

I am guessing that this £422 is mainly fees????

How can it be fees when they have only just come???

 

So - I guess the question is what can I do? Anything?

Other than the handwritten receipt I have no documentation

(I had to call the enforcement agent to find out the court reference!!).

 

Any help would be gratefully received.

Thank you for reading.

 

 

Luau

[unclebulgaria67]

Sound like some good acting by Marstons Enforcement Agents.

There is no right of forced entry for an unpaid parking fine.

There was nobody following.

It was just them collecting this debt.

 

You should have had a notice of enforcement giving you 7 days minimum to pay and then they would attend to enforce.

I take it that you never received notice of enforcement ?

 

Suggest that you make a formal complaint in writing to Marstons head office.

 

If you were aware of this parking charge, you should be aware of which council this was from.

Suggest that you also complain to them.

[luau]

Thank you so much for your reply. I feel such an idiot!!!!

 

I don't have a spare £422 that money was already accounted for a budgted. How stupid am i?

 

Yes I am aware what council it was with. I have written to DVLA asking them to confirm the date of sale

so i can possibly look for a refund.

 

I just feel so stupid - can they legally add so much fees on when this is the first i've heard of them????????

[Peterbard]

Hi

 

You mention that the ammount demanded was mainly fees. So had you made some payment on this account, if so can you say who that was to please and when paid ?

Did this payment cover the sum owed on the ticket ?

Did the paperwork given you detail the fees, (say what they were for)?

[Peterbard]

Sorry just trying to work out how the £422 is made up

[Bailiff Advice]

 

Yes I am aware what council it was with. I have written to DVLA asking them to confirm the date of sale so i can possibly look for a refund.

 

I just feel so stupid - can they legally add so much fees on when this is the first i've heard of them????????

 

You mentioned in your initial post that you work from home and therefore you dispute that a Notice of Enforcement had been received from Marston Group. You also mention that you remember the debt and had 'disputed' being the owner of the car when the parking ticket has been issued. Before getting to the very later stage of a personal visit from an enforcement agent you should have received the following statutory notices from the local authority:

 

Notice to Owner

 

Charge Certificate

 

Order for Recovery

 

In addition to the above you should have also received a notice regarding your appeal/dispute.

 

If you had not received the above notices then this would normally indicate that all notices had been sent to a previous address. If so, you need to make enquiries to see what address is on the V5c. Please post back and further advice can be given regarding the steps that you need to take in order to possibly gain a refund.

[josephbloggs]

Sorry just trying to work out how the £422 is made up

 

£35 ticket

Doubled after 14 days £70

+50% at charge certificate stage £105

£7 debt registration fee £112

£75 compliance

£235 enforcement fee

Total £422

Thats what it will be

[Bailiff Advice]

 

Notice to Owner

 

Charge Certificate

 

Order for Recovery

 

 

Duplicate

[Peterbard]

£35 ticket

Doubled after 14 days £70

+50% at charge certificate stage £105

£7 debt registration fee £112

£75 compliance

£235 enforcement fee

Total £422

Thats what it will be

 

Thanks, it was the 50% that threw me.

[Peterbard]

Duplicate

 

Presumably the OP would have received the notice to owner at least because otherwise how would they know they had incurred the fine and consequently challenge it.

[luau]

Hi

 

You mention that the ammount demanded was mainly fees. So had you made some payment on this account, if so can you say who that was to please and when paid ?

Did this payment cover the sum owed on the ticket ?

Did the paperwork given you detail the fees, (say what they were for)?

 

Hi sorry. That was just a guess as it was a parking fine - they're usually around £100 aren't they?

 

I have had no correspondance with Marstons at all til they knocked on my door.

[luau]

You mentioned in your initial post that you work from home and therefore you dispute that a Notice of Enforcement had been received from Marston Group. You also mention that you remember the debt and had 'disputed' being the owner of the car when the parking ticket has been issued. Before getting to the very later stage of a personal visit from an enforcement agent you should have received the following statutory notices from the local authority:

 

Notice to Owner

 

Charge Certificate

 

Order for Recovery

 

In addition to the above you should have also received a notice regarding your appeal/dispute.

 

If you had not received the above notices then this would normally indicate that all notices had been sent to a previous address. If so, you need to make enquiries to see what address is on the V5c. Please post back and further advice can be given regarding the steps that you need to take in order to possibly gain a refund.

 

I recieved the Notice to owner from council in 2014, also contested against court due to not believing i still owned vehicle. I'll be honest, i don't ever remember having anything back and haven't heard anything until yesterday when Marstons knocked on my door.

[luau]

£35 ticket

Doubled after 14 days £70

+50% at charge certificate stage £105

£7 debt registration fee £112

£75 compliance

£235 enforcement fee

Total £422

Thats what it will be

 

So in reality i should have had a letter (compliance stage)????

 

So been shafted for an extra £235???? Lovely.

[Peterbard]

Hi

 

No it fine, it was just me, i dint have my maths head on J\B cleared it up.

 

Thniks for coming back. So the issue is about not receiving the warning letter from marstons ?

 

When you contested the ticket, how did you hear about the impending proceedings in court ?

[luau]

Just to add.

 

I have no paperwork at all from Marstons just the hand written reciept which includes their reference. The enforcment agent wrote the details of the court on the back for me.

 

I'm feeling really stupid right now for paying this!!!

 

Also - can someone confirm were they just bailiffs??? What the hell is the copper typre dress up with walkie talkies all about??? To make people think they are something they aren't??

[Peterbard]

Yes they would be bailiffs, but nevertheless they can be intimidating unfortunately.

 

It is important we understand the background particularly regarding your failed appeal, did you receive the notification, regarding the decision from the authority.

[luau]

I honestly cannot remember, I know that doesn't help me now but just being honest.

 

All i remember was recieving paperwork from council and thinking "i didn't even own that then!!" I think i wrote to council and they asked for proof (which i didn't have) then i remember court papers from Northampton which i remember appealing.

 

A lot has happened since 2014 - over the past few years we've struggled with major debt issues and we finally sought advice and in October 2015 i was granted a DRO.

 

This car was repossessed (i have posted separately about this as having issues on my husbands credit file about it).

[Peterbard]

I honestly cannot remember, I know that doesn't help me now but just being honest.

 

All i remember was recieving paperwork from council and thinking "i didn't even own that then!!" I think i wrote to council and they asked for proof (which i didn't have) then i remember court papers from Northampton which i remember appealing.

 

A lot has happened since 2014 - over the past few years we've struggled with major debt issues and we finally sought advice and in October 2015 i was granted a DRO.

 

This car was repossessed (i have posted separately about this as having issues on my husbands credit file about it).

 

Its Ok just trying to sort out the situation regarding the correct address for the service of notices.

 

You should have had a notice of enforcement 7 clear days before anyone called, as said.

You say the appeal and subsequent decision was back in 2014 if correct have you heard nothing for the last twelve months + until the recent call is this correct ?

[luau]

Its Ok just trying to sort out the situation regarding the correct address for the service of notices.

 

You should have had a notice of enforcement 7 clear days before anyone called, as said.

You say the appeal and subsequent decision was back in 2014 if correct have you heard nothing for the last twelve months + until the recent call is this correct ?

 

I can 100% guarantee i have not had anything from Marstons....i cannot remember when it went to court but i guess it was 2014 or maybe early 2015. Definately not had any correspondance since Aug/Sept 2015 as this is when i was in the process of going through all debts for Stepchange for DROs so instead of hiding away from letters etc everything is opened and dealt with - does that make sense?

[Peterbard]

To be honest looking at this, I think it is unlikely that a complaint will bear fruit for you. If you feel aggrieved regarding the bailiffs behaviour you can contact the authority and the bailiff of course but from what you have said there is nothing severe enough to threaten their license or even justify a severe reprimand.

 

I think that it is unlikely they will believe you did not receive notice, I believe you of course, but we are not talking about me or the people here. Anyway it is not going to get you a refund I am afraid. My opinion only of course.,

[luau]

Just also reiterating about he showed me on ipad that someone had visited in January at 7.07am - this 100% did not happen! I have 2 children so would have been up and getting them dressed and would hear anyone at the door (i also have a dog who barks at door) and we have had nothing posted or posted through the door as if i had it would have been dealt with straight away.

[Bailiff Advice]

I honestly cannot remember, I know that doesn't help me now but just being honest.

 

All i remember was recieving paperwork from council and thinking "i didn't even own that then!!" I think i wrote to council and they asked for proof (which i didn't have) then i remember court papers from Northampton which i remember appealing.

 

A lot has happened since 2014 - over the past few years we've struggled with major debt issues and we finally sought advice and in October 2015 i was granted a DRO.

 

Taking what you have written above, you really do need to speak with the council on Monday. You need to ask them what the outcome had been to your appeal and what date the warrant had been issued.

 

I hate to say this but this penalty charge notice should have been included in your Debt Relief Order in October.

 

Please post back once you have spoken with the council.

[luau]

To be honest looking at this, I think it is unlikely that a complaint will bear fruit for you. If you feel aggrieved regarding the bailiffs behaviour you can contact the authority and the bailiff of course but from what you have said there is nothing severe enough to threaten their license or even justify a severe reprimand.

 

I think that it is unlikely they will believe you did not receive notice, I believe you of course, but we are not talking about me or the people here. Anyway it is not going to get you a refund I am afraid. My opinion only of course.,

 

Not what i wanted to hear but i understand what you are saying.....the thing is if i'd of had a letter i would have dealt with it - i am "debt free" and after having years of worrying about knocks on the door i would have tackled this head on to avoid anything.

 

I would have paid and not even questionned the £75 (ok i would have had to ask for it in 2 halfs) - it's just the extra fees i'm wound up at and the fact they misrepresented their authority.

 

£422 is a hell of a lot of money to me and i don't have that spare a month. It's left me really, really short.

[luau]

Taking what you have written above, you really do need to speak with the council on Monday. You need to ask them what the outcome had been to your appeal and what date the warrant had been issued.

 

I had to say this but this penalty charge notice should have been included in your Debt Relief Order in October.

 

Hi, the debt it not in my name (it's my husbands) therefore couldn't have been included. I will contact the council and also DVLA (just to put my mind at rest on whether we actually did still own the car at the time on the pcn).

 

Just mega peeved that they have added £235 on without even giving me the chance to contact them before visiting. Then when they did visit misleading me as to who they actually were!!

[Leakie]

Normal Bailiff behaviour

all they want is the debt paid , they do not care who pays.

to be fair this is there job to get it paid. but it would be good if it was done in not so an intimidating way

 

since they were charging the £75 you would have thought they would have proof of postage.