Yet another Marstons TV License query

[lemint]

Hello helpful people,

I've just opened a letter from Marstons fining me £510 for 'Use of a television set without a licence.'

I signed the form confessing to having a TV in my old house a long time ago, but believed the fine had been paid by my ex housemate (for it was his responsibility).

This is the first i've heard about it since then.

Reading the forum, it seems my only options are to
a) pay the fine
or
b) get in touch with the magistrates to plead my case.

Is it worth me doing that? If I'd had so much as a final warning, I'd have somehow paid it off, but I've no way of getting £510 together in 7 days!

Also, if it is worth getting in touch with the court, how am I supposed to know which one is dealing with it? There are a few magistrates in the area.

I assume it's too late to deal with the TV Licence people direct.

Any help would be gratefully received

[TUTTSI]

Re: Yet another Marstons TV License query

Hi Lemint

Have a read here at Amy's Bailiff guide it may answer your question. http://www.legalbeagles.info/forums/...ad.php?t=14113

Others will be along soon to help you further.

[lemint]

Re: Yet another Marstons TV License query

Thanks Tuttsi,

I looked at that and saw *You must treat a Magistrates Court fine as a priority debt* which has put the willies up me!

[Bill-K]

Re: Yet another Marstons TV License query

Hi Lemint. This isn't my area, so not very deep advice, but is the notice from Marstons simply a demand FROM THEM for this money - accompanied by a threat of court action ? That's what it seems to be at this stage, otherwise you would know which court you were dealing with.

If so, then there should still be room for some negotiation with Marstons before the Courts get involved. If you can make sure that it is clearly down on record that you are co-operating and are keen to resolve the matter, then this should make Marstons think twice before referring the matter to the Court.

[lemint]

Re: Yet another Marstons TV License query

Thanks Bill-K.

Yes, this is the first I've heard of it, and it says 'We are in possession of a Magistrates Court Order as a consequence of non payment of the above..' but it doesn't specify which court or anything like that.

Do you think there's leeway to at least get the costs reduced if I contact the bailiff? They posted it on the 6th and gave me 7 days, so I guess I should call today!

Again, thanks for your time.

[Bill-K]

Re: Yet another Marstons TV License query

Do NOT call them on the blower, mate. This needs to be COMPLETELY put in writing, I believe. If you can do it by email, then so be it - BUT insist on hard-copy replies - and send hard-copy yourself.

I repeat - do NOT call them on the blower.

You dig ?

[lemint]

Re: Yet another Marstons TV License query

Haha, I get you, but they want payment in 7 days and I don't want them to add another £100 on the tab because they knocked on my door!

I guess I'll email them. In your opinion should I just tell them this is the first I've heard about it, and that I'm willing to co-operate whilst referring to 'the above account' etc?

I've read that I might be able to benefit from a statutory declaration, since this is the first I've heard of court action.

[Bill-K]

Re: Yet another Marstons TV License query

I agree that you should email them and be perfectly honest. If this is the first you have heard, then say so. Be as 'grovelling' as you can bear to be - and see what they respond with.

Not easy, I know, but you need to play the'victim' here - with all the innocence you can muster. You may need this later.

I hope we get a better LB guy here to help with this, now...

[Guest]

Re: Yet another Marstons TV License query

Hello helpful people,

I've just opened a letter from Marstons fining me £510 for 'Use of a television set without a licence.'

I signed the form confessing to having a TV in my old house a long time ago,

Why did you sign a confession? did anyone put you under pressure to sign it?

but believed the fine had been paid by my ex housemate (for it was his responsibility).

Is it your name on the Distress warrrant? if not then its not your problem. If they cant produce one then its probable no distress warranrt actually exists. Find out why you were not summonsed before the court - A legal requirement.

You have a case if the summons was sent to an old address.

Section 7 of the Interpretation Act 1978: http://www.legislation.gov.uk/ukpga/1978/30

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Contrary intention appears because the summons was sent to your old address.

[lemint]

Re: Yet another Marstons TV License query

When the bloke came around to the old house, he ingratiated his way in and I acknowledged that we had a tv, on the basis that my housemate at the time was going to pay it. We moved out shortly afterwards, and didn't hear a peep until this letter from the bailiff. I gave him my personal details, hence my name being on the distress warrant.

If subsequent letters were sent to the old house, they weren't forwarded on.

Having read through this website and others, it has now struck me that the bloke who came through the door was possibly a bailiff and not employed by TV Licensing. Would that essentially give me no leg to stand on?

HC, given everything, and I've never seen a court summons, would it be worth me making a statutory declaration?

[Guest]

Re: Yet another Marstons TV License query

Yes.

If you didnt own or keep a telly personally, then you have committed no crime.

Make a stat dec. Get it sworn before a solicitor or commissioner for oaths (usually £5) and deliver it for the attention of the Court Manager at the Magistrates Court that issued the fine. That will stop the bailiffs.

I: [NAME] residing at [ADDRESS AND POSTCODE]

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I had no prior knowledge of any correspondence from [NAME OF] Magistrates Court following an alleged offence on [DATE] for [NATURE OF OFFENCE]. From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined [£AMOUNT]. The reference number for this case is: [CASE REFERENCE]

AND THAT:

Notification of this fine first came to my attention on [DATE] when a bailiff from [NAME OF COMPANY] came to my home. He was in possession of a distress Warrant dated [DATE IF KNOWN] and that he required a sum of £[AMOUNT].

I genuinely do not remember receiving any notice of this fine or conviction and I did not keep a television at the address and any television belonged to a housemate. [ADD OTHER REASONS HERE]

I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

DECLARED AT:

SIGNED:

DATE:



Before me:

Solicitor/Commissioner for Oaths: