Marstons group not playing fair! 2XPCN's

[enforce]

I recived a pretty unpleasant visit from Mr Sxxx on Saturday saying he was here to take control of my goods!

Id been away for a few days and he'd already left me a letter saying he'd been so I was expecting him.

 

 

Sure enough at 7am someones banging on the front door I figured it would be him.

I opened the bedroom window and spoke to him from there.

At one point he made out he could break in

I called the police and got them to attend,

he then insisted that wasnt the case.

 

This all started on the 4th of April,

I received a letter which was a notice of enforcement saying I hadn't paid for 2 outstanding parking tickets

that were issued last year.

 

 

I immediately rang the council that had issued them and explained that I was unaware of one of the fines

and the other one I had paid for the parking

 

 

I sent the ticket back to them with the paid reciept and thought that was the end of that .

They advised me that I would need to file an out of time witness statement which they emailed me.

I completed the form and sent it straight off.

 

On the 26th of April I recived a letter from HMCTS saying my application had been refused,

they dont have to give me any explanation and if I want to appeal it will cost me £255! Fantastic!

 

I emailed Marsrons on the 27th of April with my complete finacial circumstances and offered to start repaying the fines

(the origanal fine was £82 each although one had somehow now come to £112)

 

 

Marstons had by now added £75 compliance stage fee to each fine

i had one fine of £187 and one at £157.

 

 

I heard nothing from them until the bailiff turned up this Saturday (21/5/16, three weeks later).

I explained to him that I had tried contacting Marstons to resolve the matter

and had made an offer but he said he hadnt been made aware of this

 

 

I rang Marstons myself, they also say they had no record even though they did admit at one point

that they could see an automated response had gone out to my email address.

I also showed the email to the bailiff through the window.

 

 

Their argument now was that on the back of the Notice of Enforcement it says a payment plan

must be set up by the 18/4/16 and because it hadnt it had now gone to enforecment stage

which meant another fee off £235 had been added,

im not sure if thats to both fines or just an overall fee.

 

 

I had a right going on with Marstons on the phone, the guy I spoke with was hopeless and knew nothing,

he just said I had to deal ewith Mr .......now.

Eventually I got put through to a supervisor who said all I could do was file a complaint.

 

Ive spoken to National Debt helpline today and their advice is to just start making my payment offer to them

through the website but they say I cant get out of the fee's.

 

 

Im just wondering if anyone has any other thoughts or informaion on this as it seems highly unjust to me!

Dont think I have much more to loose, as far as Im aware they cant add anymore fee's

unless they get in to my house which isnt going to happen.

I have no vehicles or possessions to speak of and am on a low income.

 

Any advice happily received.

 

 

Thanks

Edited May 23, 2016 by honeybee13
Bailiff name removed.

[unclebulgaria67]

Once it has gone beyond the notice of enforcement for which they charge the £75 fee, it then goes to enforcement where they charge £235 for the visit. If you don't go through the court appeal route, you would have to negotiate a repayment arrangement with Marstons including their fees. If you get an arrangement agreed and stick to it, they then won't come back out to try to take control of goods.

[Bailiff Advice]

You say that the Notice of Enforcement was dated 4th April and that you then filed an Out of Time witness statement and that this was rejected on 26th April.

 

What was the actual date that you sent the Out of Time witness statement to the Traffic Enforcement Centre?

 

Also, the fee to have the Out of Time witness statement reviewed is £255 if you elect to have the review carried out at a personal hearing in court. The fee is much less (at £100) if you want to have the review conducted 'without' having to attend a hearing.

 

You say that you do not have a vehicle. Have you disposed of the vehicle that was involved in the contraventions?