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Poole Magistrates' Court & Marstons

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  • Poole Magistrates' Court & Marstons

    Back in Sept. 2005 I was caught by a hidden mobile camera near Dorchester Dorset,
    Due to the van being on hire it took a long time for the papers to arrive.

    As at the time the law said that the cameras must not be hidden I asked for the photo and to go to court.
    at the end of May 2006 the printed papers for a court date in second week in June but did not post them until the beginning of June and by the time I had them there was only 2 days until the court date and I phoned them and they said sorry and would send out new papers and court date.
    The next date in late 2006 was no good as I was due to be out of the country, I phoned and faxed back the confirmation form to say this.
    At this time my post was going missing and I did not receive the new court date which turned out to be in 8 January 2007 and so did not send back the form to say I would attend.

    Next thing I know is that the court meets on 9 Jan. and fined me £375 and 3 points when in Feb.07 DVLA write and ask for my Licence to which I ask why?
    I phoned the court and was told that I could not appeal.
    Then it all went quite until April 08 when I applied for a Tacho card to drive HGV's and they entered the details on my paper licence which said that the date of speeding was in 7th Feb 2006 and not Sept 2005. DVLA said that I would need talk to the court about the dates.

    Then a week after I called and spoke with the court they must of seen that after 1 year and 3 months they had not chased me for the money.
    I had a letter from the court fines office for the full amount and replied that I could not pay, but offered to pay instalments to which I was told you have had long enough to pay.

    Next I get a letter from Marston, saying that I have to pay a fine for not declaring my name I called them and they told me I had to speak with them court and the court would not help me.

    A bailiff came in early part of this year and I said that I was not willing to pay as the fine was not what was at the court.
    He said that he would pass it back to the court to deal with, I thought great I will get my chance to contest the fine.

    Then on the 30/06/09 another Bailiff came I was not in and he left a final notice for £697 and in the letter that he would come back one morning that week or after 7pm that day.
    I did not contact him

    then this Friday 10/07 he came again I was not at home but my wife was and he first went to my next door neighbour, knocked to the door and spoke with him about us and he told the bailiff that we where both at home so for about 10 min's he kept knocking on the door and windows.

    Then he placed a card through the letter box, which he had underlined the amount owed and under schedule 4a he would enter BY FORCE enter and he would return within 7 days to conclude


    So please can anyone help me with this as I start a new job on Monday and do not have much time.
    Best Regards,
    Martin
    Last edited by MrCuddlyMoses; 11th July 2009, 23:00:PM. Reason: Text wrong

  • #2
    Re: Poole Magistrates' Court & Marstons

    As you've not stated it I'm assuming the Bailiffs are a private organisation and not court appointed.

    I'm not an expert, I'm sure he can't enter without a bench warrant so I'd inform the Police that you are being threatened by an organisation threatening to enter your property without cause and who has yet to prove that the monies being asking for are warranted.

    Info them that you are currently in contact with the relevant organisation disputing the original claim.

    Phone the court and chase them regarding your complaint stating you are being harassed by a private organisation

    I'd contact your local Trading Standards and state you are being unfairly pursued and harassed by a company who are sending people to your property without being invited and may have been discussing your private affairs with your neighbors

    In the mean time write to Marstons with the following

    Be advised that I am only prepared to communicate with you in writing.

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

    Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you send "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass.

    You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an injunction barring you or your representatives from my premises.
    Finally get in touch with your local Citizens Advice and get them to provide you with more formal guidance

    good luck
    Light travels faster than sound. This is why some people appear bright until you hear them speak.

    Nemo me impune lacessit - No one provokes me with impunity. (Motto of the Kings of Scotland)

    Comment


    • #3
      Re: Poole Magistrates' Court & Marstons

      They are court appointed.

      Comment


      • #4
        Re: Poole Magistrates' Court & Marstons

        It would appear that you need to file a PE2 and a PE3 form. These are for a statutory declaration and a statutory declaration (out of time).

        You will have to swear an oath and this can be done at most solicitors and usually costs £5. This action will not cancel your original PCN, but it should stop bailiff action (for the time being) while being investigated.

        I'm assuming this was for a speeding fine and as such you will now have a fine from the magistrates court. You need to be careful if this is the case as the bailiffs do have the power to break into your home to take your goods even if they have not been into your home before. You must, therefore, treat a Magistrates Court fine as a priority debt because you could be sent to prison if you default on payments and, although very rare, this does happen.

        For this reason it is no longer safe to try to avoid bailiffs coming into your home by refusing to let them in for the collection of the fines mentioned above.

        Comment

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