Marstons Magistrates Fine - Now Warrant of control - someone gave my name for a tram Ticket Violation.? Manchester MetroLink

[Brock86]

Hi all I realise this type of post might be quite regular but I would appreciate some advice.

 

I moved addresses over a year ago to a different end of the country.

 

About 2 weeks ago I received a letter from Marston enforcement officers saying I have not paid a fine and a court order (warrant of control) has been issued.

 

This is the first correspondence I have on this . I had no idea something regarding me has even been to court! 

 

I have checked my credit score app and there is nothing regarding a ccj (the app pulls through from all the agencies) and I have paid 10 pound to the trust registry to search this and found no ccj against my name (could they be lying ??)

 

I rang them to explain the situation and they told me the fine stems from a tram ticket violation about 18 months ago and all correspondence has been going to an address I haven't lived at for years. I confirmed that I did live at that address many years ago.

 

They said as they can tell this is the first time I've heard of the situation they will put the case on hold for 7 days and ask for more information from the court (I think) as to why they are so sure this fine is linked to me (I haven't been given a fine on a tram!?).

 

Obviously I'm a little shaken . I think if I hadn't have noticed the letter when I did bailiffs would have come knocking but I live in a property with a live in landlord and don't own any of the goods!

 

My questions are why can't I find any record of a ccj against my name (which I assume I must have to issue the warrant of control)

 

And what steps can I take if I feel someone has given my details instead of their own when caught without a tram ticket .

It will be interesting to understand what proof they have that this ticket can be linked to me as an individual apart from the details given at the time of the fine matching mine.

 

Surely that is rife for deception if that's all the courts decide on, thank you all, new member here.

 

Just to add I havent seen any copy of any official document it's just stated in the letter that it exists.

 

 

 

[London1971]

It wouldn't necessarily give you a CCJ.  Did you ever use the tram at all even?

[Brock86]

I can be issued a warrant of control without a ccj? Yeah I will have caught a tram before over the past few years 

[London1971]

I'm just checking, TFL don't give CCJ's, I know Council parking fines don't. Was it in London?  I'm guessing other public transport networks would be the same. Council Tax is similar in that court order and warrant of control will not result in a CCJ.

[Brock86]

Firstly, thank you so much for helping here.

 

It was in Manchester on their metrolink

 

Transport for greater Manchester are the equivalent to tfl I think

[London1971]

Not a lot of info from them but I'll guess it's the same.  Call Manchester Metrolink, and explain the situation, that it was sent to the wrong address.

[Brock86]

I shall call them on Monday. 

 

Advice from a legal forum:

 

"A warrant of control comes AFTER a CCJ and no transport agency "gives a CCJ".

If a debt is unpaid they apply to the small claims court who will grant a county court judgement against the debtor (a CCJ) basically telling them to pay.

 

If the debtor still doesn't pay, the creditor can ask for various means of enforcement including bailiffs, an attachment on earnings or property and this is where the warrant of control comes in.

 

A warrant of control has been issued to authorise bailiffs to attend your property.

These aren't petty highstreet bailiffs these are court bailiffs because the fine is a local government fine that you've not paid"

[London1971]

Bit like Council Tax, nasty but won't affect your credit file. There is a story in the Manchester Evening News somewhere about a woman who had the Bailiffs appear from nowhere, months after a supposed Tram ticket offence.  Same thing as you, warnings had gone to the wrong address.  End result was she only ended up having to pay the original ticket.

 

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/370-bailiffs-bill-over-a-tram-1051430

[dx100uk]

well you can right off that site as thats all total garbage 

 

tram ticket violations as my fellow siteteam member says is nothing to do with any civil county court judgement = a CCJ , it is a criminal matter and dealt with via a magistrates court with a Fine.

The Fine has not been paid so a warrant has been issued by the court.

 

That would have been notified via a Notice of Enforcement which was obviously sent to the wrong address so you didn't receive it, so until the NOE is sent to the correct address, nothing further can happen.

 

i am unsure of which forms you need RE:

 

https://www.consumeractiongroup.co.uk/topic/420064-which-to-use-for-which-offence-pe23-te79/

 

as advised you need to give TfGM a ring and ask for the prosecution or enforcement dept.

i think once you story is told they will advise you properly 

 

thread re-titled and moved to the bailiff forum.

 

dx