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Advice needed with court fine and bailiffs

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  • Advice needed with court fine and bailiffs

    Hi everyone,

    Around a year ago I was stopped on the metrolink tram in Manchester and I had lost my ticket, I was taken off the tram and spoke with a conductor and foolishly thought that he had let me off the fine (being 100% truthful I had had a few drinks and had fallen asleep on the tram so was a little dazed and confused when he had woke me up), I then received a message from a friend saying that a court officer had attended my old address in September last year regarding the fine of 250 pounds, I attended court in Stockport and provided them with my new address, filled in a means form and agreed to repay the fine via a payment plan using a paypoint card.

    This payment card I have now found out was subsequently sent to my old address, however due to the fact I was only working part time hours at the end of last year and a few other factors in my personal life I stupidly forgot about the payment card and the fine until last week when a hand delivered letter from a bailiff arrived at my house informing me I now owed 525 pounds.

    I rang the court and explained that as I hadn't received the card I had forgotten about the fine (which really didn't impress them) but also explained that I was now back working full time so would be able to make larger payments to pay back the 250 pounds within the next two months which would mean the fine would be paid back quicker than the original payment plan but this was refused. The courts fine officer said that the fine was now 525 pounds after the letter from Marston because the bailiffs "have to make their money". She also informed me that the courts could not legally recall the debt from the bailiffs and I would have to deal with them.

    I've called Marstons and they have said that they can't do anything other than accept full payment of 525 pounds and if I want to try and set up a payment plan once they have assigned a bailiff and he attends to remove goods from the house. I tried to explain to them that I don't actually own anything in the house. This is genuine, my girlfriend owns all the electrical goods such as TV/dvd player etc and all white goods were provided by the landlord as its a rented house, I myself have moved house/lived at several address in the past few years whilst at Uni and working away quite a bit so no longer have anything other than clothes, shoes and a wardrobe. Oh, and some pans and knives in the kitchen.

    The girl on the phone at Marstons said that the bailiff assigned will have a warrant and therefore can enter the property with a locksmith if I deny him entry. I tried to tell them again that they can't take anything as I don't own anything but she said the bailiff will decide that once he has gained access.

    My knowledge was that a bailiff couldn't gain access but I wouldn't be surprised if I had this wrong.

    Apparently I can't speak to whoever is going to be assigned until the turn up at my house to make any sort of arrangement other than paying in full.

    My apologies if this has gone in the wrong forum, I'm on my phone at work so trying to do this as quickly and discreetly but my questions are these:

    Can a bailiff can access using a locksmith and in what situations?

    Was the court fines officer correct in saying that they can not recall the fine or was she just being unhelpful?

    Is there anyway of having the bailiffs extortionate charges removed or reduced or am I just going to have to accept that my stupidity and forgetfulness is going to cost in upwards of 525 pounds?

    What is the best plan of action for dealing with this?

    If I just start making payments using the payment card I now have in my possession will this be looked on favourably or would this money just disappear into the ether or not?

    Thanks in advance,

    DM
    Tags: None

  • #2
    Re: Advice needed with court fine and bailiffs

    Hi Diet Marlboro

    Welcome to Legal Beagles :beagle:

    Sorry to read about the pickle you've got in with this tram fine. I'm guessing you're pretty young and have learnt a sore lesson about *falling asleep on trams *moving house and not tracking post etc
    As this is a court issued fine, I think the bailiffs have more powers, but they cannot take stuff that simply doesn't belong to you, however bailiffs generally being quite gittish, they may try to demand your girlfriend prove ownership of her possessions.
    Please have a read of the bailiffs guide in the bailiffs forum

    Bailiff Issues - Legal Beagles Consumer Forum

    Check in there for the respective powers of different types of debt and bailiffs.

    I doubt making payments on the card would make much difference to the bailiffs, so read the bailiffs guide and see whether your going have to get some money together.
    Personally, if I was in your shoes, I'd find out when the bailiff plans to visit, get what you can together and negotiate paying the remaining balance in a lump within xxx days?

    Best of luck
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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