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Marston holdings ltd enforcement officer and mentally ill

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Hi there, need some advice!

 

My son is severely mentally ill with paranoid schizophrenia and psychosis and an extremely vulnerable adult.

 

To cut a very long story short, about 4 weeks ago whilst I was on holiday I received a telephone call from an enforcement officer requesting a payment of £513.00 for an outstanding parking fine.

 

I explained to him very clearly that my son was currently in hospital in the psychiatric ward.

He totally dismissed this and said that whilst he was sorry that my son was in hospital he had to take payment and if not that he would take his car regardless of the fact that it was financed as he had the power to do so.

 

I explained that he is a vulnerable adult and that I was pretty certain he could not do what he was saying.

He continued to say that he could and he would remove his car if I did not make the payment.

As I was in Spain I felt that I had no choice but to make the payment which I did. 

 

I am now back home and my son is still in hospital and had a little time to look into this further.

 

My question is should the enforcement officer knowing that my son was in hospital and mentally ill referred this outstanding fine back to the creditor ie Lambeth borough council due to the circumstances and also waived the enforcement fee ?

 

As looking through the disability act this is the impression I am getting. 

Any advice on this would be greatly appreciated.  

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In exceptional circumstances we may be able to contact Marston on your behalf and get them to have a look at what has happened.

Please would you send me all of your contact details and the reference number of any documentation. Please send it by email only to our admin email address.

I can't guarantee anything but I can promise you that it will be looked at by a responsible person.

Please email me these details straightaway


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Thread moved to Bailiff/Enforcement Officers forum..please continue to post here to your thread.

 

Regards


Andy


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Nothing received so far


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I am sorry to hear about your son's illness. 

Given the seriousness of his mental health, does your son receive any disability allowances? 

Does he have a Blue Badge? If so, is it on display?

 

I am concerned as to WHY you would have received a telephone call from the bailiff? 

 

Before getting to the very late stage of a personal enforcement visit, Lambeth Council would have sent 3 separate notices (a Penalty Charge Notice, Charge Certificate and Order for Recovery)  to your son over a period of about 8 months. Do you know whether your son received any of these notices? If not, then there would be grounds for an Out of Time witness statement (or statutory declaration) to be filed. If accepted, a refund would follow.  

 

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Sorry for the delay getting back to you but had a very long day at the hospital with Drs and community mental health team sorting out the discharge today and care plan.

 

My son is in receipt of DLA higher rate personal care and lower rate of mobility. He does not have a blue badge.

 

The bailiff arrived my sons flat and my other son who stays at the property answered the door and explained that he was in the psychiatric hospital. He panicked as did not know what to do as bailiff was threatening to take the car and was insisting on payment even though he was told that he was in hospital was unwell and a vulnerable adult. Because he was so frightened by the bailiff he gave him his dads number who in turn gave him mine. The bailiff actually told me that he had spoken to his dad and that is how he obtained my telephone number. 

 

I can also say that that I am certain that the notices you have mentioned would have been posted through the letterbox but the ill son would not have opened them. The reason being, which came to light today is that he was not aware that any fine was issued and this is because the other son was the offender in the first place and he was hiding the letters ! 

 

The plot thickens 🙁. In fact after today’s meetings my son is being placed on the adult safeguarding register as other things have come to light. 

 

I will I’ll send my contact details via the email address you have mentioned, along with my sons details. All I have is email receipt of payment and reference number regarding this from Marston Holdings ltd which I will send to you as well.

 

Very kind regards and much very grateful for your time.

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Received, thanks


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