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traffic offence unpaid fine (non-criminal) with marstons - process fault suspected

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  • traffic offence unpaid fine (non-criminal) with marstons - process fault suspected

    Hi,

    In oct 2012 my wife was driving her vehicle, no tax, mot or insurance, was stopped and vehicle confiscated: subsequently allowed scrappage as easiest route out.

    2 offences one for no display VEL and other for no insurance.

    My wife received the notice of registration of fixed penalty and collection order from HMCS on 16 nov 2012. (for the VEL offence)

    She then offered the court £30 a month: they just said bring in your licence first.

    No more contact was received until 11/02/2013 when we got a "removal notice" from Marstons.

    I phoned Marstons office and tried to offer a payment - they said I would have to speak to the bailiff in charge, not them.

    The very next day a "final notice" arrived thru the door.

    I phoned the bailiff and offered £30 a month. He declined.

    On 18/2/2013 I paid £30 to the autopay line at marstons office

    On 27/2/2013 another notice came thru the door mentioning the balance (reduced by my payment) and offering me the risk of a FORCED VISIT using a locksmith where required.

    My questions, please:

    At no point, neither HMCS nor Marstons have issued Further Steps notices, nor a Final Steps Notice (unless the things they put thru the door are considered as such - there are no titles/headings/references on the marston printed notes thru the door).

    I think I have read on your site somewhere that this absence of formal notices is a procedural fault I can take up with the court service and that this will slow things down while I continue to pay instalments of £30 to marstons office (HMCS won't take money). Is this right? Can I write to the HMCS and notify a fault in service?

    Furthermore, HMCS can find no record at all of the other offence (the no insurance offence) - they haven't got it and Marstons haven't got it

    I am hesitant to start paying as it will wake them up to the existence of the other offence.

    Or I could try and pay via the HMCS automated payment system, by instalment (to avoid Marstons' outrageous fees)

    Also, we live in a private rented flat so what about the damage that would be caused by a locksmith to our landlord's property - what is the legal position on this?

    Last thing - I looked thru the list of certificated bailff officers under Marstons and could not find an entry for the name of the lizard who has visited my door three times.

    Is that something I could use to slow them down at all?

    (Of course I am not going to let the Marstons agent inside my home - it is a first floor flat so he cannot see thru the windows either)


    Thank you for any help/advice you may have

    PS - is there an action group/petition etc I can help with/support to stop this legalised burglary/robbery/demanding money with menaces?
    Tags: None

  • #2
    Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

    Originally posted by chrisdev View Post
    Hi,

    In oct 2012 my wife was driving her vehicle, no tax, mot or insurance, was stopped and vehicle confiscated: subsequently allowed scrappage as easiest route out.

    2 offences one for no display VEL and other for no insurance.

    My wife received the notice of registration of fixed penalty and collection order from HMCS on 16 nov 2012. (for the VEL offence)

    She then offered the court £30 a month: they just said bring in your licence first.

    No more contact was received until 11/02/2013 when we got a "removal notice" from Marstons.

    I phoned Marstons office and tried to offer a payment - they said I would have to speak to the bailiff in charge, not them.

    The very next day a "final notice" arrived thru the door.

    I phoned the bailiff and offered £30 a month. He declined. Cannot refuse any reasonable offer of payment or payment proposals.

    On 18/2/2013 I paid £30 to the autopay line at marstons office

    On 27/2/2013 another notice came thru the door mentioning the balance (reduced by my payment) and offering me the risk of a FORCED VISIT using a locksmith where required.

    My questions, please:

    At no point, neither HMCS nor Marstons have issued Further Steps notices, nor a Final Steps Notice (unless the things they put thru the door are considered as such - there are no titles/headings/references on the marston printed notes thru the door). The FSN is a legal requirement before enforcement action can be taken. Also, your wife's means must be examined.

    I think I have read on your site somewhere that this absence of formal notices is a procedural fault I can take up with the court service and that this will slow things down while I continue to pay instalments of £30 to marstons office (HMCS won't take money). Is this right? Can I write to the HMCS and notify a fault in service? You should take this up, asap, with the HMCTS Area Enforcement Manager (AEM) or, failing that, the HMCTS Regional Contracts Manager (RCM). Ring the court first thing on Monday morning and ask for their telephone numbers. Any refusals, ring the Ministry of Justice and ask to speak to someone in the Enforcement Operations Department.

    Furthermore, HMCS can find no record at all of the other offence (the no insurance offence) - they haven't got it and Marstons haven't got it

    I am hesitant to start paying as it will wake them up to the existence of the other offence.

    Or I could try and pay via the HMCS automated payment system, by instalment (to avoid Marstons' outrageous fees)

    Also, we live in a private rented flat so what about the damage that would be caused by a locksmith to our landlord's property - what is the legal position on this?

    Last thing - I looked thru the list of certificated bailff officers under Marstons and could not find an entry for the name of the lizard who has visited my door three times. This needs to be reported to HMCTS asap. It is illegal for a person who is not certificated as a bailiff to attempt to levy distress.

    Is that something I could use to slow them down at all?

    (Of course I am not going to let the Marstons agent inside my home - it is a first floor flat so he cannot see thru the windows either)


    Thank you for any help/advice you may have

    PS - is there an action group/petition etc I can help with/support to stop this legalised burglary/robbery/demanding money with menaces?
    Get in touch with HMCTS first thing on Monday morning. This needs sorting quickly.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

      It begs the question, Are marstons now running the court offices? there are increasing instances of heavy enforcement and implication of forced entry before a FSN is even sent recently.

      Comment


      • #4
        Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

        Originally posted by bizzybob View Post
        It begs the question, Are marstons now running the court offices? there are increasing instances of heavy enforcement and implication of forced entry before a FSN is even sent recently.
        Notwithstanding the slating HMCTS had from the High Court recently.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

          We all know bailiffs will act first,,check legalities later,,so it needs immediate attention before the front door does go bye bye.

          Comment


          • #6
            Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

            i would be inclined to call the police if Bully Boy returns and say that he is unlicenced...

            might turn martsons undies a nice colour.

            Comment


            • #7
              Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

              Originally posted by Hurricane Puffrose View Post
              i would be inclined to call the police if Bully Boy returns and say that he is unlicenced...

              might turn martsons undies a nice colour.
              Bully bailiff will claim he is collecting for HMCS, and he is allowed to force entry under the DCVA, and plod will likely believe him, unfortunately

              Comment


              • #8
                Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                surely if you claim he is unlicenced they have to check?

                Comment


                • #9
                  Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                  Originally posted by Hurricane Puffrose View Post
                  surely if you claim he is unlicenced they have to check?
                  Not the woodentops - they'd not have any idea of how to check.

                  Comment


                  • #10
                    Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                    Originally posted by Hurricane Puffrose View Post
                    surely if you claim he is unlicenced they have to check?
                    Well he should ask to see ID etc, but bailiff will wave a Marstons DIY warrant at the hapless copper, and he will think all is kosher, not having been trained properly in the law surrounding bailiffs and their sometimes dodgy methods most probably.

                    Comment


                    • #11
                      Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                      Originally posted by chrisdev View Post
                      No more contact was received until 11/02/2013 when we got a "removal notice" from Marstons.
                      What was the mutton-head threatening to remove?

                      Comment


                      • #12
                        Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                        I'm surprised nobody has pointed you to this already.

                        http://www.legalbeagles.info/forums/...s-Courts-Fines

                        Comment


                        • #13
                          Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                          Originally posted by labman View Post
                          I'm surprised nobody has pointed you to this already.

                          http://www.legalbeagles.info/forums/...s-Courts-Fines
                          Aww c'mon Lab,,you surely cant be surprised that INCA didn't point it out lol (i didn't know it existed lol)

                          Comment


                          • #14
                            Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                            Originally posted by Inca View Post
                            Aww c'mon Lab,,you surely cant be surprised that INCA didn't point it out lol (i didn't know it existed lol)
                            Disgusting! You will be punished later.

                            Click 'Bailiffs' at the top of the page and it will take you here:

                            http://www.legalbeagles.info/forums/...Bailiff-Issues

                            At the top of that section are a few 'Stickies' which cover pretty much every bailiff question asked on here.

                            Comment


                            • #15
                              Re: traffic offence unpaid fine (non-criminal) with marstons - process fault suspecte

                              Originally posted by labman View Post
                              Disgusting! You will be punished later.

                              Click 'Bailiffs' at the top of the page and it will take you here:

                              http://www.legalbeagles.info/forums/...Bailiff-Issues

                              At the top of that section are a few 'Stickies' which cover pretty much every bailiff question asked on here.
                              :tinysmile_aha_t::lalala:

                              really didnt need that vision

                              Comment

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