old fine from hmcts for a driving offence in early 2020 - Marstons visited (old) address but still charged £235 to visit

[Dapple]

 Hi,

 

I received a fine from hmcts for a driving offence in early 2020 I replied but I then moved house in July 2022.

DVLA was updated with my new address and I had all mail forwarded for 3 months from royal mail.

My last contact with HMCTS was to request that the case was 'set aside' and I received a letter back telling me things were taking longer than usual due to covid.

 

A lot happened between these dates and I forgot about the whole thing.

 

Last week I received a letter from a company called mastons saying they had visited my address and now theres an added £235 to the fine.

They visited the wrong, old address. 

 

I am trying to determine if I need to pay fees for bailiffs visiting the wrong address

[honeybee13]

Hello, welcome to CAG.

 

I've moved your thread to the Bailiffs forum and people should be along later to advise you.

 

Could you tell us how Marstons were able to find you even though they'd been to the wrong address please?

 

Best, HB

[Dapple]

I have no idea how they found my new address other than via DVLA

[dx100uk]

probably from credit file

 

if you've not received a prior notice of enforcement to your present address from marstons, they cant charge any fees.

 

 

[blfuk1]

On receipt of the warrant they add £75 compliance stage fee. Before taking control of goods they must give Notice of enforcement to you at relevant premises- which is either a place where you usually live or where you carry on a trade or business.  

 

The £235 (minimum) enforcement stage fee can only be triggered by attendance at relevant premises. So you only need pay the fine plus £75. Don’t try not to pay the £75 as this became part of the sum due on the warrant the moment they received it regardless of them sending Notice to the wrong address.

 

it’s not clear whether they subsequently sent you a Notice to your current address but if they really haven’t sent the prescribed notice (not a chase up letter) then they can’t take control of goods or charge the enforcement stage fee