PCNs and Marstons Bailiff Notice of Enforcement

[rosieposie2014]

Hi all!

 

Long story short,

 

 

I got into a bit of a mess 18-24 months ago and through my own daft fault

failed to pay a number of PCNs issued for parking too long at work/home (my area operates a time clock system).

 

 

1 of these went to TEC and

Jacobs were instructed (pre April 2014, in May 2013).

 

 

After a couple of visits and notices through the letterbox I heard nothing more from Jacobs

and as far as I understand the Warrant for Northampton expired start of April 14.

 

I had 9 others which I managed to set up a payment plan with the council for and was paying off monthly.

 

 

However in March / April after a period of financial hardship (like literally not having enough food to always eat daily)

I had difficulty paying my payment plan.

 

 

I did get it reinstated in May time and made 3 further payments which meant I had fully paid 7 of these 9.

 

 

In July and August with school holidays (I have a son)

and the extra costs this always brings

+ school uniform costs plus various other financial issues (feel like its a vicous spiral I'm trapped in)

I fell behind again.

 

 

This time I did not get the 'you've fallen behind' letter and

I had anticipated making my next instalment on 17th Sept when I get paid my tax credits.

 

 

However I came home on Friday to 3 Notice of Enforcements

(2 for the outstanding PCNs on my arrangement and a further one for a parking violation at the end of 2013).

 

I immediately wrote to the Council profusely apologising (I realise this will do absolutely naff all but thought it was worth a try)

anf then set about panicking like mad.

 

 

Having done my research online I see the rules re bailiffs have changed in April 2014 with new regs so I have 1 main question:

 

Are they still not allowed to force entry in your absence? or can they come in to 'Take Control' regardless?

 

Absolutely stressing as am out all day at work and my teenager gets in before I do

and although he isn't allowed to open the door when Im not in I'm terrified they'll come and break in or whatever whilst I'm at work.

 

Secondly,

I absolutely will arrange to pay these amounts owed but can only do so at smaller amounts

and although I will write to Marstons to make a payment offer I expect this to be rejected as too low.

 

 

The notice suggests I have until 15.9.14 to arrange to pay but everything I have read suggests that the notice is a 7 day thing

(they're dated 1.9.14) so thats 14 days?

 

I'm sorry for the questions but I'm still operating in a barely contained state of panic

and I'm so frightened that they'll come and get in by force and I (or my boy) will come home to all our / his things taken...

.. that would simply break my heart.

 

 

And yes I know its all my own fault and I take full blame for being rubbish with finances

and money but I do want to resolve this.

 

Help please :'(

[ploddertom]

What I am about to say may seem harsh but I'm trying to see it from the Council's point of view but is meant as no criticism of your self.

 

The chances are the Council look upon you as a persistent "offender" and you have more than once broken an agreement to pay. Therefore sending the Bailiff does sound like an option they must take to recoup their "losses". Marstons do appear to have complied correctly with the Notice of Enforcement as they have allowed 14 calendars for it. For this you will have been charged an extra £75 & probably this has been incurred 3 times (which is allowable). However if you don't contact them to arrange payment before the date given you will then incur an Enforcement Fee of £235, so as you see this will have increased your debt considerably.

 

I doubt very much the Council will negotiate with you now because of your past broken agreements. However there is nothing stopping you contacting your local Councillor(s) who could broker an agreement the Council may accept via Marstons.

[rosieposie2014]

Hi there,

 

Thanks for your reply. I am well aware that my problem is of my own making and all totally my own fault but when money is so short you can't afford the original £25 fine then it jujst feels like a mountain has dropped on your head when it escalates.

 

I work hard for a low wage and whilst I appreciate I may be a 'repeat offender' I have not wilfully not paid and I do wnat to sort it out genuinely... which I was well on the way to doing before I had financial issues and missed my instalments. I will send a letter to the bailiffs tomorrow and then I'll have to see if I can beg borrow and steal if necessary.

 

But in the the interim please could someone confirm whether or not Marstions can force entry, particularly in my absence? I really am truly terrified that I'll return to discover everything gone. And yes I know I've noone to blame but myself, but this doesn't stop the horror and upset being caused.

 

Thanks,

Rosie x

[tomtubby]

Rosie,

 

Firstly, there is NO way that Marston (or any other company) can force entry.

 

It is difficult to provide a suitable reply without knowing a bit more information.

 

Firstly, it is important to find out whether the amount that you have been charged so far is correct (for the 7 PCN's) that you have cleared and whether the amount being demanded now is right or not. With the two new ones I am concerned to find out whether or not the correct fees are being charged given that the debts were ones that some form of enforcement had been taken BEFORE 6th April when the new regulations took effect.

 

Can you post back with the fees that have been charged for the paid PCN's and the amount requested for the 2 newer ones.

 

Also, do you still have a car and if so, roughly how much is it worth. (If over £1,500 please dont put the figure on the forum but just say 'over £1,500' (by the way we are looking at 'auction value' ).

 

PS: Do you know when the warrants had been issued for the PCN's that you have received letters for.

[rosieposie2014]

Ok so the 9 in the arrangement (the 7 I cleared and the 2 now with Marstons) had escalated to £75 +£7 court fee so £82. This was then discounted to £56 per ticket.

 

The fees on the Enforcement Notice from Marstons are being charged are £82 +£75 compliance fee totalling £157 each.

 

Yes I have a car (only way of getting to and from work) but its older than the hills and literally worth peanuts... auction value about £2.50 probably..!

 

I'm not sure when the warrants were issued.... the notice doesn't say. Just the date of the notuce and further down the date of the contravention.

 

Thanks TomTubby... you've helped stop the rising panic a bit.... the situation re entry is the same as being April 2014 in that they can't come in if I don't let them in or they can gain entry through open door etc?? I scared myself s******* googling and seeing that they can apply for entry warrants and allsorts....

 

Rosie x