court fine being sent over to Marstons.

[jaybee1]

Hi i'm new here but hoping I can find some information on actions I should take.

I popped back to my old address in Manchester yesterday to collect post ( have'nt been back since Spetember 2012) and found a letter from Milton Keynes Magistrates Court asking for payment of £63 for an old motoring offence.
It was dated the 22nd of March and offered 10 working days to pay the fine of it would be issued as a distress warrant.

I had genuinely forgotten about this fine as it was from 2009 when I lived in Milton Keynes before I left for uni.
I rang the courts first thing this morning to pay the whole £63 but they said it had been sent over night to Marstons Group and I had just missed it resulting in them not being able to do anything.
I think this is the 2nd time it has gone to Marstons? She did mention it had gone back to the courts before.
Rang Marstons to sort it offering to pay the full £63 but they said it had not been entered onto their system yet so I couldnt pay.
I would have to wait untill Thursday when it would be on there and then admin fees of £85 on top of the debt.
The woman then claimed she couldnt hear me, got very ratty and hung up.

I'm happy to pay the £63 but can't afford another £85 on top.
The 2nd woman at marstons has offered to ring me on Thursday to check again but they are still refusing to take the £63 on its own. She said a payment plan over 4 weeks could be set up.

What do I do?
I havent had any letters or visits from Marstons and this was the first letter from the courts.
Will the fine go back to the courts if they don't know where I live now? So then I can just pay the £63?
They don't have my new student address and the only thing in my name here is my bank account.
Are they meant to charge fees on top?
Can they enter our property?
Can they take my housemates things?

Like I say i'm happy to pay the debt but would rather give the £85 fee to save the donkey.

Any help would be amazing.

[bluebottle]

Re: court fine being sent over to Marstons.

Did you tell the court you had moved address?

[jaybee1]

Re: court fine being sent over to Marstons.

I had originally told them I had moved from Milton Keynes to Manchester but I can't remember if they had my address. I have only ever in the last 6 months received this one letter giving me 10 days notice.
They did not know I moved from Manchester further North

Did you tell the court you had moved address?

[bluebottle]

Re: court fine being sent over to Marstons.

Right. It sounds like you have been sent a Further Steps Notice. In answer to your specific questions -

Yes. They can charge up to a maximum of £300 on top of the fine. If Marstons have not yet sent a letter, they cannot, as yet, levy a fee.

They have no right of entry to your property whatsoever. They have no right of forced entry without authorisation from an officer of the court and Marstons have to prove you are "persistently avoiding paying the fine". They are known to lie to the courts in order to force entry. Strictly speaking, this practice is illegal.

They can only seize items belonging to the fine defaulter. They are not permitted to seize third-party goods. Seizing third-party goods can render the bailiff liable to civil and, possibly, criminal action, also, depending on the circumstances of the seizure.

Try and pay the fine to the court, if you can, asap.

[jaybee1]

Re: court fine being sent over to Marstons.

Thanks very much for your advice.

i rang the court first thing this morning to pay the fine in full but they informed me it had only just left them this morning.
Marstons wouldn't accept payment as it wasn't on their computer yet.
Am I stuck having to pay this admin fee too?
Any ideas on the longest period I could pay it off over monthly?
They claimed 6 weeks.

[jaybee1]

Re: court fine being sent over to Marstons.

Forgot to add, neither of them have my new current address.

[bluebottle]

Re: court fine being sent over to Marstons.

Total ballcocks! Fines are payable, by instalments, over a 6 month period - and Marstons know it! Could you answer the following questions, please -

1. Did you know about the court hearing?
2. Were you in court when the fine was imposed?
3. Were your means examined by the court?
4. Were you aware that the fine had been imposed?

[jaybee1]

Re: court fine being sent over to Marstons.

Yes to all of the above if you mean the original court date for the motoring offence. This was in 2009.
Lots happened in the last few years and it honestly slipped my mind.

[bluebottle]

Re: court fine being sent over to Marstons.

Strictly speaking, the courts are following correct procedures. Marstons are telling you porkies. Any more lies from them and I would be on to the Senior Enforcement Manager at the court. If this becomes necessary, let us know which court and a telephone number can be provided.

[jaybee1]

Re: court fine being sent over to Marstons.

They refused 3 times to take payment yesterday still claiming it wasn't on their system. That i would have to wait until it was after admin fees.
It has happened yet again this morning.
This information would be great it is Milton Keynes Magistrates Court.
Can I pay it with Marstons before they add any fees on for this letter?
What will the senior enforcement agent do?
Many thanks

Strictly speaking, the courts are following correct procedures. Marstons are telling you porkies. Any more lies from them and I would be on to the Senior Enforcement Manager at the court. If this becomes necessary, let us know which court and a telephone number can be provided.

[bizzybob]

Re: court fine being sent over to Marstons.

Contact the fines office and say marstons are being obstructive, and to escalate it as a complaint to the Senior Enforcement Manager, I feel bluebottle will give yoyu the info you need to escalate this.

[jaybee1]

Re: court fine being sent over to Marstons.

GUESS WHAT!
Rang the courts... told an extremely helpful lady what had happened and asked if i need to speak to the SEM.
She looked said no, that it only been 2 days so recalled it and took payment for £63 there and then.
She understood where I was coming from and agreed though it was an old debt it is still unfair that i have to pay £85 extra when I want to pay it there and then.
Thanks for all you advice guys!

[bluebottle]

Re: court fine being sent over to Marstons.

GUESS WHAT!
Rang the courts... told an extremely helpful lady what had happened and asked if i need to speak to the SEM.
She looked said no, that it only been 2 days so recalled it and took payment for £63 there and then.
She understood where I was coming from and agreed though it was an old debt it is still unfair that i have to pay £85 extra when I want to pay it there and then.
Thanks for all you advice guys!

What a result!

Well done you and well done HMCTS!

It sounds to me that Marstons were attempting to prevent you from paying or refusing to accept payment, which can mean the Distress Warrant is invalidated.

Thank you for letting us know, Jaybee.

[bizzybob]

Re: court fine being sent over to Marstons.

GUESS WHAT!
Rang the courts... told an extremely helpful lady what had happened and asked if i need to speak to the SEM.
She looked said no, that it only been 2 days so recalled it and took payment for £63 there and then.
She understood where I was coming from and agreed though it was an old debt it is still unfair that i have to pay £85 extra when I want to pay it there and then.
Thanks for all you advice guys!

Great, at least HMCS saw sense, however, you may still get the clowns from marstons demanding their non existent fees, so if they do then send in a complaint.

[bluebottle]

Re: court fine being sent over to Marstons.

Great, at least HMCS saw sense, however, you may still get the clowns from marstons demanding their non existent fees, so if they do then send in a complaint.

If the court has recalled the warrant, the moment Marstons receive the fax/email recalling the warrant, they can take no further enforcement action. If they continue, they do so outside the law and the police can legitimately arrest them for a range of offences.