Marston - unpaid Court fine

[anto135]

Hi i could use a little adviceif possible. Basically, last year i was fined for non payment of train fare through the court, i was issued something like £180 to pay having to pay a minimum of £5 a week with a payment card. I was paying £5 a week for a few months and paid a lot of it off, the thing is, due to lack of funds i had to stop paying for around 3 - 4 weeks. During this time i had lost my payment card, i had no paperwork regarding my fine so i had no idea of how to apply for another one or contact the courts regarding the debt. I presumed i would be given a notice or warning/reminder about this debt but it never came

Yesterday i recieved a letter from Martson High Cour Enforcement Officers & Certified Bailiffs stating

"fine:£61.50

Fees:£85.00

Cost:£0.00

VAT:£0.00

Total:146.50

"We are in possesion of a Magistrates Court Order as a consequence of non payment of the above amount. We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our office within 7 days of the date of this letter, our bailiffs will attend to levy the distress and remove your goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of £215"

The thing is i have no way of paying this whatsoever, i'm on JSA and have already used the fortnightly payment i recieve, i'm not paid again untill the 25th, i also owe money out on that day anyway and i even if i had all my JSA to make a payment i don't even recieve enough to pay the fine in one payment.

Also, i live with my dad and 99% of the property in the house is his, i only own a computer and it's worth less than half of the £146.50.

I don't understand why there was no warning or reminder letter before this, there isn't even a number to dispute or discuss the matter on the letter, just a payment line and free debt advice line for the citizens Advice Bureau. I'd like to know if the bailiffs will allow me to setup a payment plan when they're sent round and also if i did set up a payment plan, would they add the further cost of £215 even though they've already added £85.00 fine on top of the £61.50 i had left to pay (how do they justify putting over 120% on top of what was left?).

Any advice would be appreciated, thanks.

[sgtbush]

because you stopped paying the courts you went default, a warrant of distress has been issued upon you, this incurs a fee of £85 ontop of the fine

this figure is in guidelines with the courts, the £215 will be added to the fine for the cost of enforcing the warrant by coming round to your house

 

couuple of questions, have you moved address since you recieved the initial fine, if you have a final steps letter would of been sent to that address

so if you have moved you need to contact the courts and do a statutary decleration saying you havent recieved the final steps notice because you moved address

[anto135]

I've been at the same address, I haven't received a final steps letter just the letter i described in my original post.

[tomtubby]

Under the Courts Act 2003 there is a LEGAL requirement that the court must send a Further Steps Notice BEFORE considering whether to use one of the "Further Steps" outlined in the FSN to enforce the unpaid court fine.

 

It is vital that you call the court in the morning to advise them that you had not received such a notice.

[HCEOs]

For the record and for clarity Marston Group will not acting under the authority of a High Court Enforcement Officer in this matter.

[tomtubby]

HCEO are correct. Marston Group enforce a variety of debts. These include unpaid Magistrate Court fines, unpaid council tax, and parking charge notices on behalf of local authorities. They also enforce county court judgments under the High Court Enforcement section of the company.

[ploddertom]

Ive changed the title of the thread to reflect the content.

[anto135]

I've phoned he enforcement office and explained about not having a further steps notice issued and they told me I had one issued to me in june of last year. I now remember this but this was before I was sent to court and got my payment card to actually pay the fine, they advised me to ring the bailiffs and try to sort something out with them, the only numbers available for them are payment numbers, could you offer anymore advice because it's looking like I'll have to try and get some sort of loan because I need to sort it by thursday.

[tomtubby]

In fact, the court are only entitled to provide ONE Further Steps Notice.