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distress warrent via marstons

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  • #16
    Re: distress warrent via marstons

    Do not contact Taylor the Terrier. The fact you were not in court when the fine was imposed and your means were not examined, coupled with non-receipt of the FSN, means that the fine, as it stands, may not be enforceable. You should, therefore, apply to the court for a Means Hearing. There has recently been a Judicial Review at the High Court which confirmed that fines cannot be imposed or enforced without a defendant's means being examined, amongst other things. You need to explain the reason for the application is that you were not in court when the fine was imposed and your means were not examined. You should also explain the FSN was not received. I would be very surprised if you were refused a Means Hearing. If you are refused a Means hearing, keep badgering the court until they do. However, please be aware that the matter may require referral to senior level within HMCTS. Hopefully, it will not come to that, but have it ready just in case.
    Life is a journey on which we all travel, sometimes together, but never alone.

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    • #17
      Re: distress warrent via marstons

      thank you so much bluebottle i had no idea what to do when she refused flatly to accept my offer. i will contact the court first thing in the morning and update yall tomorrow evening. thanks again all

      Comment


      • #18
        Re: distress warrent via marstons

        Originally posted by mwamwa View Post
        thank you so much bluebottle i had no idea what to do when she refused flatly to accept my offer. i will contact the court first thing in the morning and update yall tomorrow evening. thanks again all
        A bailiff cannot refuse any reasonable offer of payment. Marstons know this and so should Taylor, but they hope you don't. Don't let them bully you.
        Life is a journey on which we all travel, sometimes together, but never alone.

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        • #19
          Re: distress warrent via marstons

          I wonder if the whole TV Licensing prosecution conveyor belt run by Capita for the BBC will be faulty under due process,? After this Judicial Review confirmed means need to be considered before sentencing as it involves Capita AKA TV licensing, putting these prosdecutions through a court in BULK, usually in the defendants absence, somewhat akin to Council Tax liability Orders, being eubber stamped ny a marsupial.

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          • #20
            Re: distress warrent via marstons

            Originally posted by bizzybob View Post
            I wonder if the whole TV Licensing prosecution conveyor belt run by Capita for the BBC will be faulty under due process,? After this Judicial Review confirmed means need to be considered before sentencing as it involves Capita AKA TV licensing, putting these prosdecutions through a court in BULK, usually in the defendants absence, somewhat akin to Council Tax liability Orders, being eubber stamped ny a marsupial.
            It will be challenged sooner or later and when it does, something brown and smelly is going to hit a rotating object. When it does, some people in very high places are going to have some very awkward questions to answer.
            Life is a journey on which we all travel, sometimes together, but never alone.

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            • #21
              Re: distress warrent via marstons

              Originally posted by bluebottle View Post
              It will be challenged sooner or later and when it does, something brown and smelly is going to hit a rotating object. When it does, some people in very high places are going to have some very awkward questions to answer.
              It would be good to think so. Read Outlawgo's post re CT though, and see the time and a half he's having of it. Nothing is hitting the fan there, despite his transparently clear evidence. The whole system is 'Unfit for Purpose' IMO, including the legislation - it works on one level, and then allows abuse in so many ways on another level - bulk processing of LO's, bailiff companies allowed to print their own Distress Warrants etc...

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              • #22
                Re: distress warrent via marstons

                A private contractor issuing their own warrants which is effectively what Marstons is doing, must be against some law somewhere, maybe even the Articles of the European Convention on Human rights. As to TV License, the whole issue is thorny, and does what is effectively a tax, collected on pain of criminal sanction for watching a TV, fit into the 21st Century media model? Also it was the single most common reason for women to find themselves in prison in the last century, at an enormous cost to society.

                Comment


                • #23
                  Re: distress warrent via marstons

                  Originally posted by labman View Post
                  It would be good to think so. Read Outlawgo's post re CT though, and see the time and a half he's having of it. Nothing is hitting the fan there, despite his transparently clear evidence. The whole system is 'Unfit for Purpose' IMO, including the legislation - it works on one level, and then allows abuse in so many ways on another level - bulk processing of LO's, bailiff companies allowed to print their own Distress Warrants etc...
                  The C-word comes to mind straightaway, LM.
                  Life is a journey on which we all travel, sometimes together, but never alone.

                  Comment


                  • #24
                    Re: distress warrent via marstons

                    Originally posted by bluebottle View Post
                    The C-word comes to mind straightaway, LM.
                    Cheesy?

                    http://bit.ly/Z8kJ4C
                    http://deedah.org/cheese/

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                    • #25
                      Re: distress warrent via marstons

                      Originally posted by CleverClogs View Post
                      Corruption.
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #26
                        Re: distress warrent via marstons

                        Originally posted by bluebottle View Post
                        Corruption.
                        That is the correct C word, along with the "O" words when anything is challenged, Obfuscate, Obstruct, Obviate.

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                        • #27
                          Re: distress warrent via marstons

                          wow thanks guys spoke to a guy in the fines department he suggested that i make statutory declaration.the amount of the fine was £525. so i have an appointment for tuesday to make this declaration thing. he called the terrier off too. thank you all so much mwa mwa

                          Comment


                          • #28
                            Re: distress warrent via marstons

                            Originally posted by mwamwa View Post
                            wow thanks guys spoke to a guy in the fines department he suggested that i make statutory declaration.the amount of the fine was £525. so i have an appointment for tuesday to make this declaration thing. he called the terrier off too. thank you all so much mwa mwa

                            Under what grounds did the fines officer tell you to make a stat dec under?

                            Comment


                            • #29
                              Re: distress warrent via marstons

                              thank you all so much for your help spoke to this guy for sussex fines he has put the terrier on hold as i never recieved the further steps notice.all i have to do is go to court next tuesday swear an oath and it gets sent back to tv licensing. in the mean time i have bought another licence. not heard anything from the terrier.

                              Comment


                              • #30
                                Re: distress warrent via marstons

                                Great

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