Marstons letter for a 18mts old bus lane offence I have no clue of

[karel35]

Hi

 

I have received a letter today from Marston High court enforcement about an alleged parking ticked from Kirklees council in my old car from 18 months ago. If I ever received a parking ticket I've paid it straight away, no way would I just leave it.

 

It states I now own them £173 with fees for a debt I have no clue about, I don't have any recollection of any unpaid parking fine, I've had no reminders or letters, just this through the door today.

 

What do I do? This is really annoying, if it was a debt id ignored or knew anything about I would say fair enough, but I am clueless and certainly had no more letters on this. I moved to this new home 3 years ago, so it can't be anything went elsewhere.

 

Please advise

 

Thanks

[BankFodder]

Is this really From High Court Enforcement? The value is far too small for that.

 

Anyway, I think that you need to deal with it or else you will receive a visit which will put the cost up by another substantial £235.

 

I am sure that there is a telephone number on the letter and you should call them. You should understand that Marston are instructed by Kirklees Council and they won't have the authority to drop the matter or to enter into a negotiation with you except to arrange some instalments.

 

I would suggest that you stave off the increase fee that would come with a visit – as well as the stress – by making an affordable arrangement but then taking it up immediately with Kirklees to find out exactly what is going on. If Kirklees eventually agree that they have made an error then you will be refunded everything.You should probably act now.

 

I know that it will rankle having to pay anything to Marston – but it is in your best interests to get rid of the media problem first – and then investigate and claim back if you find that there is actually a mistake. If you find that there is a mistake then come here and tell us and we will help you and I expect that you will be able to get some compensation as well.

[dx100uk]

Or ring Kirklees TOC and tell them you've not received anything prior?

[Jamberson]

You need to file an Out of Time Witness Statement. Please post on the bailiff forum for advice - or maybe a mod can move this thread.

[dx100uk]

Done

[Bailiff Advice]

Hi

 

I have received a letter today from Marston High court enforcement about an alleged parking ticked from Kirklees council in my old car from 18 months ago. If I ever received a parking ticket I've paid it straight away, no way would I just leave it.

 

It states I now own them £173 with fees for a debt I have no clue about, I don't have any recollection of any unpaid parking fine, I've had no reminders or letters, just this through the door today.

 

Marston's have a duty to Kirkless Council to enforce a warrant. If there is a problem with the warrant, then your enquiries should be made to Kirklees Council. This is their debt. Marston's are merely enforcing the debt on their behalf.

 

Many parking offences are detected by way of CCTV camera enforcement (i.e.; moving traffic offences). Accordingly, a ticket would not be placed on your windscreen. Instead, Kirklees would make an online request to DVLA for keeper information. All notices from the council (the Notice to Owner, the Charge Certificate and Order for Recovery) must by law be sent to that address.

 

Have you moved house in the past couple of years?

 

Did you update your V5C (Log Book) with DVLA?

 

I would suspect (but I may be wrong) that all notices had been sent to a previous address and Marston's may have identified a new address for you. If so, then they have done the right thing by re-issuing a fresh Notice of Enforcement. allowing you the opportunity to contact them to set up a payment arrangement.

 

Until you speak with the council, we are very much in the dark. Please post back once you have called them. We can then advise you of your options.

[karel35]

I have put the url of the letter in case the image doesn't show up. But yes it is certainly off Marston, it is all over the top of the letter.

 

I moved home 3 and half years ago, so well after the incident which is dated 25/09/2016 and I sold the car in question 13 months ago, so it can't be after I sold it. The car was originally registered to my old address, but I had left long after this happened, unless I didn't update my log book, which I can't remember doing, maybe everything was going to the old address.

 

If this is the case, do I have no leg to stand on? I can't sort something out that I wasn't aware of.

 

I will ring Kirklees and ask where these letters have been sent. If they say my old address, then am I stuffed for not updating my details on the change of address?

 

I have until the 14th to sort out with Marston, so I would like to take some advice first before rushing in to paying them.

 

Thanks for the advice so far

[dx100uk]

link and image removed you MUST REDACT THINGS

read UPLOAD

[karel35]

Click upload image DONE, add url DONE , every time get a question mark, I give up with images and will just leave it out, all is said in letter above anyway.

[Bailiff Advice]

As we have a bank holiday weekend coming up, you really should be calling the council to make enquiries. You need to ask them for the address where they had been sending notices to.

[dx100uk]

you don't upload a url!

read the guide

you upload a PDF image of the letter

[karel35]

As we have a bank holiday weekend coming up, you really should be calling the council to make enquiries. You need to ask them for the address where they had been sending notices to.

 

I will do tomorrow morning thanks, what if they say they have been sending them to the old address? Do I just concede defeat?

[ploddertom]

I wouldn't be overly concerned about putting up a copy of the letter.

Marston use a dual purpose letterheading that emphasiises their High Court work but next to it in a smaller typeface it will have something similar to "Enforcement Agents" and this is who it will be from.

 

I assume this will be a Notice of Enforcement which will have added a cost of £75 to the £98 debt that was owing.

 

I note you say they have given a date by which you should make contact and/or make payment.

Please note if it goes any further and they have to visit then that will add another £235 to the total you have now.

Edited May 3, 2018 by dx100uk
spacing

[karel35]

I wouldn't be overly concerned about putting up a copy of the letter. Marston use a dual purpose letterheading that emphasiises their High Court work but next to it in a smaller typeface it will have something similar to "Enforcement Agents" and this is who it will be from. I assume this will be a Notice of Enforcement which will have added a cost of £75 to the £98 debt that was owing. I note you say they have given a date by which you should make contact and/or make payment. Please note if it goes any further and they have to visit then that will add another £235 to the total you have now.

 

Yes this was exactly the fine, as I said I'm not waiting, ill ring the council in the morning, as I say, if they say we sent to other address, is that it over? Don't want them fobbing me off if I have a chance to pay initial fine. I just feel duped not having any form of reply and punished for something I had no chance of paying.

[dx100uk]

ask them what to do as well

[karel35]

Ok rang them and apparently it was for a bus lane offence so no ticket. They had my old address on record so everything went there, its quite obvious I have now moved as the bailiffs found me, so won't have any trouble proving that.

 

They said I had to ring Northampton county court for a out of time form, then go to a local court to get a counter signed signature and then send it all back and wait for a outcome. Seems a lot of hassle to prove something I could do instantly with forms to show I moved her well before anything was sent out.

 

Anyway at least I now know what its about.

[dx100uk]

Well done

Title updated

[ploddertom]

Didn't have time to come back earlier but you appear to have found out what to do. It is in your interests to get this done ASAP as when the forms are returned all Enforcement action is pu on hold for a period of time.

[karel35]

On one of the out of time forms, it states........My reasons for filing this statutory declaration outside the given time are as follows: (Do not give your reasons for appeal against the penalty charge on this form) well my reason is because I have moved address and didn't get any letters about this, which is also my reason for appeal.

 

Can anyone clear it up that I just put, what I have, documents sent to wrong address?

 

Thanks

[Bailiff Advice]

 

Can anyone clear it up that I just put, what I have, documents sent to wrong address?

 

Thanks

 

Every case is individual but you should find a lot of information by google searches. Pepipoo are also a good source.

 

You cannot just state that you moved. You will be expected to outline what steps you had taken to ensure that correspondence came to your attention. If you had a postal divert....that must be mentioned. If you had updated your address details with DVLA, that too would need to be stated. I notice that you have sold the car. This should be mentioned on the form as well.

 

To save me having to read back on your posts, why date was the contravention?

[karel35]

Every case is individual but you should find a lot of information by google searches. Pepipoo are also a good source.

 

You cannot just state that you moved. You will be expected to outline what steps you had taken to ensure that correspondence came to your attention. If you had a postal divert....that must be mentioned. If you had updated your address details with DVLA, that too would need to be stated. I notice that you have sold the car. This should be mentioned on the form as well.

 

To save me having to read back on your posts, why date was the contravention?

 

This is my whole point, I want to say all that but it tells me not to give reasons for appeal....I have a ps2 and ps3 form to fill in, the other form where it asks for details, the box can fit two lines in it, there is no room to put anything in there apart from moved house. I would need to attach a letter with it or something. The date was 25/09/2016

 

Also I did have a 6 month postal divert to my mothers , where I moved until I found my new house, nothing came there, but most likely it happened after that and the divert ran out. I did not update details with DVLA, thats my bad of course, I knew I was moving soon and selling that car so didn't do it.

 

The below is confusing me, what are they actually asking for there as they don't want reasons for appeal? So just why I didn't get the letters etc?

 

.My reasons for filing this statutory declaration outside the given time are as follows: (Do not give your reasons for appeal against the penalty charge on this form)

[Bailiff Advice]

I am assuming that you looked at Pepipoo?

[Bailiff Advice]

I am assuming that you looked at Pepipoo?

 

As this is a bus lane offence, you need forms PE2 and PE3.

 

This comment from you is confusing.

 

I moved home 3 and half years ago, so well after the incident which is dated 25/09/2016 and I sold the car in question 13 months ago, so it can't be after I sold it.

 

The car was originally registered to my old address, but I had left long after this happened, unless I didn't update my log book, which I can't remember doing, maybe everything was going to the old address.

 

The way that I am reading this is that you moved to your current address in 2015. You had a car but you did not update the address details with DVLA. You sold that car in mid 2017. I am assuming that you updated DVLA with the sale?

[karel35]

As this is a bus lane offence, you need forms PE2 and PE3.

 

This comment from you is confusing.

 

I moved home 3 and half years ago, so well after the incident which is dated 25/09/2016 and I sold the car in question 13 months ago, so it can't be after I sold it.

 

The car was originally registered to my old address, but I had left long after this happened, unless I didn't update my log book, which I can't remember doing, maybe everything was going to the old address.

 

The way that I am reading this is that you moved to your current address in 2015. You had a car but you did not update the address details with DVLA. You sold that car in mid 2017. I am assuming that you updated DVLA with the sale?

 

The car was sold to a dealer last year as a trade in....I have looked at pepipoo, but not sure what I'm looking for there. All I asked for what was it they wanted in that box as I need to send the form back tomorrow. Thanks for your help, but it's not answering my key question that I have put up twice. Ill ask elsewhere, thanks.

[Bailiff Advice]

I have looked at pepipoo, but not sure what I'm looking for there.

 

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