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Bailiff marston sent arrest warrant letter to take me into custody

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  • Bailiff marston sent arrest warrant letter to take me into custody

    Hello, just got a letter from marston bailiffs stating "they have a arrest warrant and will come to arrest me and take into custody"!

    it also says" A warrant for your arrest has been issued by the above magistrates court in respect of unpaid fines or maintenence".

    the court is norfolk and the only thing can remember from that area is a speed awareness course had to attend but paid for that due to drivin with mobile phone in hand which thought was ok as didnt have to my ear but traffic copper thought otherwise.

    The amount outstanding is £75

    so this morning sh7ttin myself:yuck::yuck: drove to local police station who said they have no record of any arrest warrant and im not wanted.

    Ive had dealing with marston scum bailiffs so have not ring the mobile number on the letter as from past experiences they will lie to the courts sayin u are avoidin the fine and try and make u pay more so they can get there fees..

    I plan to call the court 1st thing 2morrow morning and discuss

    anyone have any advice on this from my last experience the courts dont even want to know when its past to bailiffs and usually after numerous calls they give in

    any advice would b much appreciated

    p.s. im just shocked marston bailiff can arrest u and hold in there custody cells:snowman3:
    Last edited by toobusy; 24th February 2013, 10:32:AM. Reason: added more info
    Tags: None

  • #2
    Re: Bailiff marston sent arrest warrant letter to take me into custody

    When you speak to the court, ask for the direct telephone number of the HMCTS Area Enforcement Manager and, also, the HMCTS Area Contracts Manager. This is a serious matter and if Marstons have been telling lies, I cannot see HMCTS being too enamoured, to be honest.

    Incidentially, have you received a letter called a Further Steps Notice? This is a legal requirement and bailffs cannot and should not become involved if this step has not been complied with.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Bailiff marston sent arrest warrant letter to take me into custody

      Hello, this is the first ive heard of this fine, on a previous case when came off benefits and my payments to a debtor was increased marstons lied to courts sayin was tryin to avoid payin the fine; which was a blatant lie hence why im reluctant to call the bailiff.

      I will call the court 1st thing 2morrow morning and ask speak to that manager, ive never received no other correspondence apart from this letter, statin the above

      can the marston bailiff really have the powers to arrest and hold me in custody?

      thanks

      Comment


      • #4
        Re: Bailiff marston sent arrest warrant letter to take me into custody

        Originally posted by toobusy View Post
        can the marston bailiff really have the powers to arrest and hold me in custody?
        Yes and no, respectively; see the attached file.

        They have to deliver you up to the plods.
        Attached Files

        Comment


        • #5
          Re: Bailiff marston sent arrest warrant letter to take me into custody

          Originally posted by toobusy View Post
          the court is norfolk and the only thing can remember from that area is a speed awareness course had to attend but paid for that due to drivin with mobile phone in hand which thought was ok as didnt have to my ear but traffic copper thought otherwise.
          How many months ago was that?

          Comment


          • #6
            Re: Bailiff marston sent arrest warrant letter to take me into custody

            The law does not speciffically state having phone up to ear otherewise texters would get away with it we all know its illegal to use a phone while driving if anyone gets caught and fined tough

            Comment


            • #7
              Re: Bailiff marston sent arrest warrant letter to take me into custody

              Originally posted by wales01man View Post
              The law does not speciffically state having phone up to ear otherewise texters would get away with it we all know its illegal to use a phone while driving if anyone gets caught and fined tough
              had an argument with plod at work, he was doing those random breathalysers had a mobile in a screen mount, in a van being used as a satnav, Ovi maps being set to the destination, as if it was a TomTom, or garmin and phone was set ringer off copper said I cannot use it in that mode as I am using a mobile phone, under the law and he should do me the same as if i was holding it. I took it out of the mount turned the phone off and he said he would let me off. Is that usage illegal?

              Comment


              • #8
                Re: Bailiff marston sent arrest warrant letter to take me into custody

                Originally posted by CleverClogs View Post
                Yes and no, respectively; see the attached file.

                They have to deliver you up to the plods.

                i already went ot police statio today the officer said im not wanted!!!

                I guess part applies to me

                "Upon telephone contact by the Defaulter, if full payment cannot be securedarrangements for the Defaulter to voluntarily surrender to the court, at an agreed day and
                time, will be made by the Contractor. The Contractor shall suggest that attendance is
                within 5 working days of any such agreement and shall retain the warrant until the agreed
                date. The Contractor will liase with the court to confirm or otherwise, the Defaulter’s
                attendance on the agreed date. If the Defaulter fails to attend the Contractor shall arrest
                the Defaulter within a further 2 working days."

                I will drive to court first thing 2morrow morning forget callin them

                Comment


                • #9
                  Re: Bailiff marston sent arrest warrant letter to take me into custody

                  Originally posted by CleverClogs View Post
                  How many months ago was that?
                  about 4 months now, never heard nothing else, im sure they said pay to go on coarse or get fine and point i went on course defo have the paperwork

                  Comment


                  • #10
                    Re: Bailiff marston sent arrest warrant letter to take me into custody

                    Originally posted by toobusy View Post
                    about 4 months now, never heard nothing else, im sure they said pay to go on coarse or get fine and point i went on course defo have the paperwork
                    Could be an administrative cock up, take evidence of payment for and attendance on the course, to the court ASAP, when sorted the must call Marstons off, and you then must issue a Formal Complaint to the Court district manager copied to MP, it appears HMCS are as unfit for purpose as DVLA, and HMRC.

                    Comment


                    • #11
                      Re: Bailiff marston sent arrest warrant letter to take me into custody

                      The magistrate must havr agreedit was illegal or you would not have been convicted your argument with cop should have been brought up in court and the magistrate would decide on his and your eviidence
                      I think now is time to pay the fine and get the bailiffs off your back they car not if you were not guilty or guiltyread some threads on here to see what they are like im sorry i have no sympathy if you were convicted of using the phone i have seen the carnage caused by people on phones whilst driving dont take it personal its my pet hate
                      Last edited by wales01man; 24th February 2013, 19:39:PM. Reason: spelling post written whilst last posts were loading

                      Comment


                      • #12
                        Re: Bailiff marston sent arrest warrant letter to take me into custody

                        Originally posted by wales01man View Post
                        The magistrate must havr agreedit was illegal or you would not have been convicted your argument with cop should have been brought up in court and the magistrate would decide on his and your eviidence
                        I think now is time to pay the fine and get the bailiffs off your back they car not if you were not guilty or guiltyread some threads on here to see what they are like im sorry i have no sympathy if you were convicted of using the phone i have seen the carnage caused by people on phones whilst driving dont take it personal its my pet hate
                        OP says they were offered some course that they took instead, strange that as I thought they were for speeding not mobile phone use. However, my issue did not rersult in a ticket, as the phone was set to voicemail, and was in sat nav mode in a mount, so was no different to a TomTom in that mode. Incidentally, it isn't only drivers that cause problems using a phone, pedestrians texting and stepping out in front, a cyclist came straight at me the wrong way down a one way street no hands on the handle bars, texting as he went along, a copper stood watching him and did diddly squat..

                        Comment


                        • #13
                          Re: Bailiff marston sent arrest warrant letter to take me into custody

                          Originally posted by wales01man View Post
                          The magistrate must havr agreedit was illegal or you would not have been convicted your argument with cop should have been brought up in court and the magistrate would decide on his and your eviidence
                          I think now is time to pay the fine and get the bailiffs off your back they car not if you were not guilty or guiltyread some threads on here to see what they are like im sorry i have no sympathy if you were convicted of using the phone i have seen the carnage caused by people on phones whilst driving dont take it personal its my pet hate
                          im not payin nothing as went on the speed awareness course, im sure it is for this as there is nothing else, i rarely if ever go in that district, will find out 2morrow whats it exactly for, defo wont b dealing with the bailiffs will go straight to the court officer as no doubt the scumbags at marstons must of told them im avoidin payin the fine or court date, as ive never ever received any correspondence regarding this.

                          Comment


                          • #14
                            Re: Bailiff marston sent arrest warrant letter to take me into custody

                            Originally posted by bizzybob View Post
                            Could be an administrative cock up, take evidence of payment for and attendance on the course, to the court ASAP, when sorted the must call Marstons off, and you then must issue a Formal Complaint to the Court district manager copied to MP, it appears HMCS are as unfit for purpose as DVLA, and HMRC.
                            this is what im hoping, i had something like this few weeks back when got stopped by coppers up north on a random roadside check, was told to present insurance cert to police station did so then 3 weeks down the line got a fine and court date statin i failed to show insurance and are breakin law drivin without insurance (YEAH RIGHT), rang them up and they forget to add it to file more like the police station didnt bother sending it to the officer who stopped me.

                            Comment


                            • #15
                              Re: Bailiff marston sent arrest warrant letter to take me into custody

                              Sounds very much like an HMCTS cock-up. However, it has been found that Marston bailiffs have been engaging in the practice of claiming a fine defaulter is avoiding paying the fine in order to hike up their fees. It is then found that the bailiff involved has been doing everything to obstruct and prevent the defaulter from paying the fine. It is a practice Marstons' senior management must put a stop to immediately. Any certificated bailiff who behaves in this manner and misleads the court raises serious questions as to their fitness to act as a bailiff.
                              Life is a journey on which we all travel, sometimes together, but never alone.

                              Comment

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