marston TV Licence & Marston & Advice

[Teamkenny]

Hi,

My Daughter has had a Notice of Enforcement from Marston. Regarding unpaid TV Licences.

 

I am not defending her guilt but I want to question the actions.

 

On reception of the notice (22/4/16) she contacted Marston who said the debit was for 2013/14/15. Although the issue date is 20/2/13.

 

Couple of things.

1 - She was working in France for 4 months prior to that date. So would have had no knowledge of any court date as she arrived bcak in the UK less than 10 days before the issue date having found out she was going to be a mum for the first time!

 

2 - How can they charge for dates after the date of issue?

 

3 - She is at a different address from the one she was in in 2013 and there is no information as to where this debt is set against.

 

4 - She has had no letters (and they have not produced any) to show she was in trouble.

 

She is responsible for the non payment of TV fines but she works part time and is a single mum with nothing of any value.

 

CAB have said they cannot help, which I find surprising and they offered no further advice.

 

Can anybody suggest anything?

 

Thanks

Ian

[Bailiff Advice]

Hi,

My Daughter has had a Notice of Enforcement from Marston. Regarding unpaid TV Licences.

 

I am not defending her guilt but I want to question the actions.

 

On reception of the notice (22/4/16) she contacted Marston who said the debit was for 2013/14/15. Although the issue date is 20/2/13.

 

Couple of things.

1 - She was working in France for 4 months prior to that date. So would have had no knowledge of any court date as she arrived bcak in the UK less than 10 days before the issue date having found out she was going to be a mum for the first time!

 

I am not sure what you mean when you say that the debit (debt) was for 2013/14/15. Can you clarify the position.

 

She clearly has a Magistrate Court fine for using a TV without a licence and it would seem that she may have been working in France when the summons was issued (and accordingly, she would have been unaware of the court proceedings). If this is the case, then there is a very simple solution to this problem.

 

Your daughter needs to call the Magistrates Court (the relevant court should be on the Notice of Enforcement). She needs to explain that when the summons was issued that she had been in France and that she has only just become aware of the matter. The court should then make an appointment for your daughter to swear a Statutory Declaration. Also enforcement should then go on hold and if accepted, the court fine will be reset (normal to a much lower figure) and she will be given an opportunity to make payment to the court.

 

Please post back once she has spoken to the court.