Marstons

[BoroGirlie]

 

I received a WARRANT OF EXECUTION from Marstons on 1/11/12, dated 26/10/12 stating that within 7 days of the date of the letter I would be attended by bailiffs to seize goods.

 

I emailed Marstons asking them to detail exactly why they had sent me this letter as I have absolutely no idea what this is for, I have not received a reply. The only reference on the letter is that of my old car registration, (scrapped in January this year,) and offence penalty charge from 07/06/11, approx 17 months ago. I am not aware of any parking tickets or otherwise.

 

This is the first contact I have had from anyone about this matter, they are asking me for £215.

 

The house I am living at is not mine and I will not let them in, I have read some eye opening posts about this company since receiving this letter. The trouble is that my present car along with 2 others are parked on my driveway, can they do anything to any of those?

 

Can anyone please advise further, are CAB the best people to help me?

 

Extremely worried now.

Thanx,

Nicki

[ploddertom]

Does it tell you who issued the original ticket? Does it have a date when the original ticket was issued?

[BoroGirlie]

Thank you for your reply.

It says: For London Borough of Hillingdon with a ref and penalty charge 07/06/11. Authorised by the Traffic Enforcement Centre of Northampton County Court.

[ploddertom]

Have you moved since 07/06/11?

[BoroGirlie]

Yes I have, in January this year.

[ploddertom]

I'm no expert on PCN matters but what I suspect has happened is that you have had a PCN issued against you - with or without your knowledge & quite possibly a CCTV enforcement. Any notifications are sent to the address on file at the DVLA at the time of the offence - what happened in the intervening 6 months between the time of the offence and you moving is another matter.

 

The PCN has not been paid and enforcement has been sought using your old address, Marstons have data cleansed the Warrant and traced you to where you now live. They are supposed to have returned the Warrant to the Council for them to reissue, meaning you should have the opprtunity to pay at the original reduce rate.

 

I would be tempted to ring Hillingdon on Monday, they may insist you go through the procedures with the Traffic Enforcement Centre. In the meantime the Bailiff will still attend and they will seize, clamp, remove any vehicle on your premises. I would also hazard a guess they will be overcharging.

[hallowitch]

07/06/11, approx 17 months ago

 

I would say the warrant is out of date its only valid for 12 months

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part75#IDAGQ0HC

 

Warrant of execution

 

75.7

 

(1) An authority seeking the issue of a warrant of execution must file a request –

(a) certifying the amount remaining due under the order;

 

(b) specifying the date of service of the order on the respondent; and

 

© certifying that the relevant period has elapsed.

 

 

(2) The court will seal the request and return it to the authority.

 

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

 

(4) No payment under a warrant will be made to the court.

 

(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

 

(6) An authority may not renew a warrant issued in accordance with this Part beyond the 12 month validity period but, subject to paragraph (7), an authority may request the reissue of a warrant during the 12 month validity period.

 

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –

(a) specifying the new address of the respondent;

 

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

 

© certifying that the amount due under the order remains unpaid.

 

 

(8) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

 

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

 

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.

[BoroGirlie]

Thank you so much for your reply, I'll call Hillingdon Monday and see what they say.

[BoroGirlie]

How do I get these people off my back if the warrant is indeed, out of date?

Do I call Hillingdon to see how old the warrant is?

[ploddertom]

How do I get these people off my back if the warrant is indeed, out of date? By asking to see it - but as a rule marstons are very uncooperative

Do I call Hillingdon to see how old the warrant is? I would call the TEC and ask what address was on the Warrant & what date.

 

PT

[tomtubby]

I am sorry but the warrant WOULD NOT be out of date. The offence was in June 2011 and after the initial PCN had been issued a Notice to Owner would be sent followed by a Charge Certificate and then an Order for Recovery. If payment is not made at OFR stage then the LA can request permission to issue a warrant. From the date of offence to warrant stage is approx 8-9 months.

 

As you did not move until January this year you should have received one or two of the notices. If not, you can file an Out of Time Witness Statement with the Traffic Enforcement Centre. All enforcement will then be on hold.

[BoroGirlie]

Thank you for your advice tomtubby, I've spoken to Northampton TEC and yesterday I sent to them PE2 and PE3 forms, signed by a solicitor at a cost of £10 each.

 

I'm on top of it all now, but still hiding my car until I get confirmation that Hillingdon BC will accept payment direct, rather than Marstons charging me too much. Of course I've committed the offence and will pay my dues, but I was so worried about thoughts that I'd get burly bailiffs knocking at the door demanding whatever.

 

Ironically it turns out, the address Hillingdon gave me was when I was invited to a radio interview to promote a charity gig I put on, thankfully I made money for the charity and learned a huge lesson to be more careful when getting lost around bus lanes.

 

I'm very grateful to you all for putting my mind at rest and leading me in the right direction.

 

Thank you good people,

Nicki