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Need advice please - Marstons / magistrate fines

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  • Need advice please - Marstons / magistrate fines

    Hi,

    After searching the net for days it seems this is the most informative site i have come accross and was hoping someone may be able to help with my problem. It will be a bit long-winded, but please bear with me!

    Deep breath - here goes!..

    Since the start of the year i have received 3 fines at Milton Keynes magistrates court (not a good year so far!)

    1st (Jan 2011) - £120 fine for being arrested for section 5 public order offence (was originally £80 fixed penalty, but sent to magistrates as i could not pay in time)

    2nd (Jan 2011) - £95 fine for having no T.V licence.

    3rd (Feb 2011) - £750 costs for failing to declare change of circumstances to local authority regarding housing benefit.

    A grand total of £965

    I spoke to the fines officer at the court and explained my financial situtation as follows:

    I am on a low wage and receive working tax credits, a small amount of housing benefit (due to repaying an overpayment) and low rate disability living allowance (due to totally severing my arm in an accident, now re-attached, but thats another long story!)

    He told me that i could consolidate the 3 seperate fines, and pay £80 per month for 12 months, with the first payment due 15th March, and following payments on the 15th of every month. This is really more than i can afford, but he refused to make the installments any lower. There was nothing i could do but agree to the terms.

    I paid £80 before 15th March. In April i found myself short of money due to catching up on rent arrears so i telephoned the central payments office to explain i would be late with Aprils payment. The guy on the phone was very helpful (i originally thought!) and said that as long as it was paid in the month due no further steps would be taken. I assumed he meant by "month due" that i had to pay before 15th of the next month, which i did on 13th May.

    I received a letter from Marstons dated 18th May saying that the fine had been passed to them and that i had 7 days to pay or bailiffs would attend to 'levy distress' on my property.

    I went back to the fines officer who told me that there was nothing he could do now that it was sent to the bailiffs, and that the person on the telephone at 'central payments' was wrong in telling me that no action would be taken as long as each payment was made in the month due (by my understanding of the conversation to be between the 15th of each month)

    The letter from Marstons states they have added £75 costs to my total (now £880 after paying £160 so far), and will add further costs on visiting my home.

    There is no way i can pay the whole amount, plus the addition costs they will likely add when they do turn up. From what i understand they are allowed to make arrangements for payment over 90 days, but that still is likely to come in the region of £300+ per month. There is no way i can afford that either as i could barely afford the original £80 per month that the fines officer demanded.

    I really need some help with this as soon as possible, i know my fines are caused by my own neglect / stupidity, but they dont seem to take into account that all of my income goes on just barely surviving i.e, rent, food, council tax ect. I have no disposable income at all. The 2 £80 installments i have made have already left me short on my council tax, and i have been living on frozen chips alone for a month - not the most healthy of dinner choices!

    Thanks in advance, and keep up the good work!

    Chris.
    Tags: None

  • #2
    Re: Need advice please - Marstons / magistrate fines

    You need to stop holding important discussions such as these over the telephone and instead revert to the old fashioned way and do it in writing.

    You need to request from your court, a Means Enquiry Hearing and you can do this at any time, in particular since the total of your fines is so high.

    Comment


    • #3
      Re: Need advice please - Marstons / magistrate fines

      Many thanks for the quick reply,

      I only spoke to central payments once, and decided that going to the court and doing it face to face would be a better option than writing - silly me!

      Just wondering when i request a Means Enquiry Hearing, will that postpone bailiff action?, and how long does it usually take to get a hearing?

      Thanks again,

      Chris.

      Comment


      • #4
        Re: Need advice please - Marstons / magistrate fines

        You must ask for this hearing as soon as possible. You will be required to fill in an income and expenditure sheet and then the magistrates will make an order for sensible repayments.

        This should stop bailiff action in the meantime, but you must make the bailiff aware you are doing this (in writing).

        However, you should also be aware that bailiffs do not give up too easily, so you are going to have to keep on at the court until they listen to you and make sure you get the name of the Fines Officer.

        Comment


        • #5
          Re: Need advice please - Marstons / magistrate fines

          Originally posted by Amy View Post
          You must ask for this hearing as soon as possible. You will be required to fill in an income and expenditure sheet and then the magistrates will make an order for sensible repayments.

          This should stop bailiff action in the meantime, but you must make the bailiff aware you are doing this (in writing).
          Do Marstons employ intellectual bailiffs who can read?

          Comment


          • #6
            Re: Need advice please - Marstons / magistrate fines

            Originally posted by CleverClogs View Post
            Do Marstons employ intellectual bailiffs who can read?
            I would imagine, what with evolution, monkeys & typewriters, & Schrodinger's cat, there is a slim possibility, lol.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Need advice please - Marstons / magistrate fines

              They get them in groups of three; one who read but not make telephone calls, one who can make telephone calls but not read and one to keep an eye on the two dangerous intellectuals LOL.
              Last edited by seduraed; 30th May 2011, 19:37:PM.

              Comment


              • #8
                Re: Need advice please - Marstons / magistrate fines

                Lol @ the above!

                Thanks Amy, when you say "keep on at the court until they listen" - do you mean keep nagging them until they allow a Means Enquiry Hearing, or is that automatically granted?, or keep nagging the fines officer?

                The fines officer i saw at MK magistrates was not helpful at all, when i tried to explain the situation and asked what i should do his reply was that "I cannot tell you what to do, its already been sent to bailiffs, this conversation is over" - those were his exact words. Nice guy!

                Comment


                • #9
                  Re: Need advice please - Marstons / magistrate fines

                  You need to keep on at the court and the Fines Officer because as you've discovered, they can be a tad unhelpful.

                  It is no skin off his nose to allow a Means Enquiry Hearing.

                  Comment

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