Re Marstons court bailiff

[janeyjewel]

I have a fine for t the offence of using a motor vehicle without insurance. The original fine was an on the spot amount of £200 I assumed I would be able to pay in instalments but was told I had to pay it in one go which I couldn't afford as I'm on benefits. I no longer have the car as out was seized and I let it go. I stupidly thought that if I left it that if it would go to court and I would be able to pay in monthly amounts, however, I've now received a letter from Marstons telling me the fine is now a,£300 and they have added £85 totaling£385. They also state they aste in possession of a magistrates court order due to non payment. They aste now demanding full payment in seven days. Also if I do not pay in 7 days they will levy distress and remove goods from my property and incur additional costs of £215. I want to ring them to try to sort it out but cannot pay the whole amount, only installments of £20 a month. Please can anyone advise me of what to do.Thankyou,Jane

[Bill-K]

Re: Re Marstons court bailiff

Hi Jane. It seems strange to me that non-payment of a fixed-penalty notice resulted in the matter being referred to a DCA without going to court. I stand to be corrected by someone like BlueBottle here, but my understanding of a FPN is that - provided you pay the penalty (and submit your driving licence for endorsement if required) - you will NOT be prosecuted for the alleged offence. If you do not comply with the notice (for whatever reason), then you must be formally prosecuted by the Police, and given the opportunity to defend yourself in court - and to ask for time to pay any fine if found guilty.

You don't appear to have been found guilty of the offence, and until such time as you are, then I don't think Marstons have the right to pursue you for any money at all. They are probably committing an offence in doing so, already. But this is just my take on this. You need better advice than mine.

[IanM]

Re: Re Marstons court bailiff

I agree with Bill-K, wait for Bluebottle to tell you what you need to know.

I say, don't pay them anything, sit back and wait until the court issue an arrest warrant for non-payment then have your day in court.

[bluebottle]

Re: Re Marstons court bailiff

Post deleted

[bluebottle]

Re: Re Marstons court bailiff

I agree with Bill-K and Ian M. Something has gone wrong somewhere along the line. You should have received a letter called a Further Steps Notice, which, as far as I am aware, is a legal requirement. If you have not received this, you must speak to a legal professional at your local Law Centre or Community Legal Service office. They can provide you with free or very low-cost legal advice/assistance. A court must send you the Further Steps Notice before instructing bailiffs to collect. Do not speak to Marstons and do not put up with their bullying and threats. I would also treat their claims as to how much you owe as suspect. Which police force did you have a run-in with, please?

[pepsie]

Re: Re Marstons court bailiff

Have you by any chance moved house after receiving the FPN with all paperwork therefore having gone to the wrong address?

Pepsie