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marston bailiff

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  • marston bailiff

    hiya all

    first i would like to congratulate you for having established such a helpful and easily accessible site.

    right here goes and i will keep it short for the sake of time. but please note that the speeding charge was nothing to do with a different un taxed vehicle.

    i had the original risk of arrest warrant returned to the magistrates court by a very kindly court bailiff.
    had the hearing in january and the fine for keeping a vehicle on the road without tax, was reduced.
    made a payment at the court of£240 and a monthly amount of £100 was agreed.
    then had a second case for speeding in febuary, sp30 doing 39. did not attend and was fined.
    got both fines combined and new payment of £150 per month was agreed.
    made most of the payments on time until may this year. i think my payments are supposed to be made at the beginning of the month. made a late payment on the 21st of may. i think on the 22nd or 23rd of may i received the letter from marston. their letter dated 21st may.

    letter states keeping a vehicle without valid license. letter went on to say i had 7 days to make full payment.
    might of been a couple of days before i rang them but it was within the seven days.
    on the phone i offered to pay the full amount i owed excluding the £150 i had paid to the courts late.
    they said i had to pay the full amount and then reclaim the $150 late payment back from the courts.
    i refused and again offered to pay the amount i owed but not including the amount i had already paid.
    they again refused and informed me that i must pay the full amount or the bailiffs would visit.
    rang them again and spoke to a different but very halpful lady who said if i gave her the late payment details she would see if they could deduct this from the demanded amount. as i was looking for the payment ref number my phone went dead, and when i phoned back i was put through to another unhelpful agent who demanded the full amount. i explained again about the late payment but to no avail.

    so may 29th i went online and paid the outstanding amount minus fees direct to the courts.
    went on holiday had a great time came back yuk.

    thursday 28th june bailiff attended my property. we were in getting ready for work.
    my wife spoke to her and said i was not in.
    bailiff said she could take my car.
    i gathered my keys and exited my home by way of the front door, walked past the bailiff without talking and drove my car to a safe area. i need my car.
    returned to my home and saw the bailiff in the porch. went in and was informed that my eldest daughter had opened the door to talk to the bailiff and the bailiff forced entry.
    i told the bailiff i had paid all the fine and that she should leave my property. she refused.
    i produced the online payment printout and the reference number of the late payment which she ignored.
    we rang the police and informed them that my daughter had been assaulted and the bailiff was refusing to leave my property. they declined to attend.
    my wife two daughters and my son sat on the stairs to prevent her access to the upstairs. dont forget as far as i was concerned the fine was paid in full.
    asked the bailiff for a copy of the warrant which at first she declined to hand over. one of my daughters was videoing the events.
    bailiff rang the police and said she was being prevented from carrying out her duty. police dutifully arrived.
    i went outside to speak to police and showed them the evidence of my payments to the court service.
    police told me to stay outside of my home while they went in.
    they asked the bailiff to check the payments by phone. bailiff said no payment had been received.
    my eldest daughter offered to pay the now 645.51 in my abscence.
    the police ignored all my questions and requested i give them my name. i asked why. the officer replied because we are in your home. i said why do you need my name, he said i was causing a breach of the peace, at which point his partner said no we are here to prevent a breach of the peace.
    the police asked me if i could confirm that the courts had taken payment, i said i would look for bank statements and try to ring.
    could not find statements and the rest is just a blur. by now my wife was saying just pay it. so my daughter did.
    have since checked with my bank and both payments were made and not returned by the court.
    i rang the courts who said they had received one of the payments but not the original late payment.
    the reference i gave her was not showing.
    she informed me the bailiff should only have collected the amount outstanding minus any payments received. she then told me she would ring back but she didn't.

    now please where do i stand, i feel very angry and disillusioned with the whole system. and am now £300 pound out of pocket, that i have paid in fees to marston for a fine i have paid.
    Tags: None

  • #2
    Re: marston bailiff

    ps the amount outstanding was 342.51. courts have a payment of £192.51 on their records but cannot find the other late payment of £150.
    bailiffs amount was £645.51 which is what we paid.
    ps before police arrived bailiff was arrogant and unhelpful, when police were their she changed and became all nice and helpful.

    Comment


    • #3
      Re: marston bailiff

      ps ps. police officer asked for my wifes permission to smoke his pipe, she allowed him, he then smoked his pipe in my house, and on duty while preventing a breach of the peace.

      Comment


      • #4
        Re: marston bailiff

        Do you have the names and/or badge numbers of the stupid, stumblebum scuffers who attended?

        Comment


        • #5
          Re: marston bailiff

          have her name, as far as i can see she is certificated.
          ms scott. she did not present her badge or other id

          oh the police no. i was told to wait outside, didnt even ask for name and number, one of them drinks in a local near me, i spose i could pop in and see him.

          Comment


          • #6
            Re: marston bailiff

            First things first. Serve a Breakdown of Fees Request on Marston. By law, they have to provide you with a detailed breakdown of the fees they have charged. There is no charge for this as there is for a Subject Access Request (SAR) under the Data Protection Act 1998 as a Breakdown of Fees Request is not subject to the DPA.

            As such, the cost of collecting fines is incorporated into the fines. So, the bailiff should not be charging any additional fees if they did not levy on anything. Even if the bailiff did, because they forced their way into your home, they breached the golden rule of Peaceable Entry Only, which invalidates any levy or seizure of any kind. You need to make further enquiries with the court and make sure you show them your bank statement.

            As for the two police officers who attended, the one who claimed you were causing a Breach of the Peace should be reported. If he was the one who was smoking a pipe, he should be reported for that, also. Police officers are not permitted to smoke when in uniform, especially in a complainant's home. As Clever Clogs says, if you have the shoulder numbers of the two officers, report this incident to their Superintendent. You will need to attend the police station and it is likely you will be first seen by an Inspector who will take the complaint, though you do have a right to speak directly with the Superintendent.

            Once you have the Breakdown of Fees from Marstons, work out how much they have overcharged you and request an immediate refund by the same method the bailiff took it from you. Also, ask for the name of the bailiff and the name of the court she was certificated by. If push comes to shove and Marstons decide to be awkward or unco-operative, the threat of county court proceedings can make them change their tune. A certificated bailiff and, indeed, a bailiff company cannot risk having a CCJ against them as a bailiff would lose their certification and, possibly, their bond, also, and the bailiff company would be in danger of being closed down.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: marston bailiff

              just been on to the police and obtained the name and number of the sergeant in attendance. they have no details of the other officer.

              Comment


              • #8
                Re: marston bailiff

                thanks for your input.
                is the law the same for court fines.
                and if so if by accepting payment and not refunding or refusing, has the court agreed my payment and therefore the bailiffs have extorted more money than was allowed. because i paid.

                Comment


                • #9
                  Re: marston bailiff

                  is it worth me contacting a solicitor, and if so what kind.
                  also can i contact the police and tell them that my daughter was assaulted by the bailiff, the bailiff put her boot in the door then forced it open, while my daughter was holding it.
                  ps, my daughter has said she is willing to press charges. she does not live at our house.
                  Last edited by ohntgn; 30th June 2012, 12:20:PM.

                  Comment


                  • #10
                    Re: marston bailiff

                    quick update.

                    contacted the court collections office. they have found the missing payment.
                    they have not returned my money because they hold it and have used it against my fines account. i was told i must reclaim any overpaid amounts from marstons.
                    how can they work like this?

                    Comment


                    • #11
                      Re: marston bailiff

                      Originally posted by ohntgn View Post
                      just been on to the police and obtained the name and number of the sergeant in attendance. they have no details of the other officer.
                      They should do. Assuming they were paired up for the shift, it should not be a problem for them to find out, in the SGT's contemporaneous notebook, should have in there his start of shift details with who he was paired with.

                      Even if they were not paired at the start of the shift, the SGT would have had the job delegated to him and would have either been told to take another plod with him, or decided to take one with him, either way, it should be in his notebook.

                      If its not, its a breach of protocol in maintaining your notebook as they are used for evidential purposes.

                      They also have to declare on their radio when they've arrived on site to control so that if anything happens, or a Police Officer puts out an emergency call, other officers will know where to head to.

                      They can and should know who he was paired up with, chase it up

                      Comment


                      • #12
                        Re: marston bailiff

                        If the bailiff put her foot in the door and forced it open, she has invalidated any warrant she was executing, as warrants permit peaceable entry only. This means that they must not force entry unless they have a court order signed by a judge in their possession and have the police with them when they force entry. By acting contrary to the conditions of the warrant, the bailiff lost her legal protection in the process. Do you have any video evidence of the bailiff forcing the door?

                        In order to report the bailiff for assault, your daughter has to be able to show that unlawful force was used or threatened against her by the bailiff. With assault cases, the nature and extent of any injury sustained as a result would have a bearing on what degree of assault would apply. The fact she does not live with you is irrelevant. The bailiff should have asked to speak to you and stayed outside.

                        Write to the Court Manager at the Magistrates Court involved and ask for a full account of the fines imposed and the payments you made, together with the relevant dates. Once you have this information, it should be easier to see exactly how much Marstons have to repay. Come back onto this thread when you have the information and we can see what further help you need.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: marston bailiff

                          BB - do you have any comments regarding the comments by Galahad above? Would this be police protocol? If things were not done properly, what can the OP do from that angle?

                          Comment


                          • #14
                            Re: marston bailiff

                            Originally posted by labman View Post
                            BB - do you have any comments regarding the comments by Galahad above? Would this be police protocol? If things were not done properly, what can the OP do from that angle?
                            Yes. What Galahad says is correct. The OP should attend the police station and ask to speak to the Duty Officer, usually, an Inspector, who should provide the necessary details. Any lack of co-operation should be referred up to the station Superintendent.
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment


                            • #15
                              Re: marston bailiff

                              [QUOTE=bluebottle;272882]If the bailiff put her foot in the door and forced it open, she has invalidated any warrant she was executing, as warrants permit peaceable entry only. This means that they must not force entry unless they have a court order signed by a judge in their possession and have the police with them when they force entry. By acting contrary to the conditions of the warrant, the bailiff lost her legal protection in the process. Do you have any video evidence of the bailiff forcing the door?

                              In order to report the bailiff for assault, your daughter has to be able to show that unlawful force was used or threatened against her by the bailiff. With assault cases, the nature and extent of any injury sustained as a result would have a bearing on what degree of assault would apply. The fact she does not live with you is irrelevant. The bailiff should have asked to speak to you and stayed outside.

                              as i said before i had walked past the bailiff on my way out to move my car. she had told my wife that she could seize my car, and i need it for my work. i was not in when she put her boot in the door and forced her way past my daughter.

                              Comment

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