Marston harrassment for court fine already paid!!

[Qpips]

Re: Marston harrassment for court fine already paid!!

What should I do now?

[Qpips]

Re: Marston harrassment for court fine already paid!!

" Mr Cox was certified at Liverpool County Court on 13 March 2013 and has an expiry of 12 March 2015. (what about Mr Munro?) "

No record of THIS Mr Cox on the Certificated Bailiff Register!

[bluebottle]

Re: Marston harrassment for court fine already paid!!

" Mr Cox was certified at Liverpool County Court on 13 March 2013 and has an expiry of 12 March 2015. (what about Mr Munro?) "

No record of THIS Mr Cox on the Certificated Bailiff Register!

Marstons are obliged to provide you with Munro's details. Keep at them.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Sent this:

Thank you for your recent communication whichI received this afternoon through Royal Mail. I am very disappointed to findthat all the information requested was not provided and that there are flaws inwhat has been provided.

A) I needed you also to provide fulldetails for both Mr Munro and Mr Coxwho were dealing with this issue.
B) The certified copy of the Clamping Order MrCox should have provided in order to legitimately clamp our car.
C) The actual Distress Warrant as issued to you by the court, and the dateit was issued.
D) The dates and copies of ANY correspondencesent to me by Marston Group.
E) Dates and copies of Further Steps Notice,issued by both Marston’s and the Court

Your records are also at odds with what hasalready been received by me and what has previously been provided by yourselfand the courts. Please also be aware that I have recorded telephone conversationsbetween myself and Mr Munro.

I will now be escalating my complaintthrough both Marston Group and the Courtsin question.

Could you please provide me with details ofyour complaints procedure and the contact details of the CEO of Marston Group?

[bluebottle]

Re: Marston harrassment for court fine already paid!!

Sent this:

Thank you for your recent communication whichI received this afternoon through Royal Mail. I am very disappointed to findthat all the information requested was not provided and that there are flaws inwhat has been provided.

A) I needed you also to provide fulldetails for both Mr Munro and Mr Coxwho were dealing with this issue.
B) The certified copy of the Clamping Order MrCox should have provided in order to legitimately clamp our car.
C) The actual Distress Warrant as issued to you by the court, and the dateit was issued.
D) The dates and copies of ANY correspondencesent to me by Marston Group.
E) Dates and copies of Further Steps Notice,issued by both Marston’s and the Court. Only a court has the legal power to issue a Further Steps Notice.

Your records are also at odds with what has already been received by me and what has previously been provided by yourself and the courts. Please also be aware that I have recorded telephone conversations between myself and Mr Munro. Expect them to kick-off about that. However, if Munro was behaving like a muppet, that's his lookout. If it shows and proves he acted ultra vires, he is stuffed.

I will now be escalating my complaint through both Marston Group and the Courts in question.

Could you please provide me with details of your complaints procedure and the contact details of the CEO of Marston Group? The name of the CEO of Marston Group is Gareth Hughes.

@@@@

[Qpips]

Re: Marston harrassment for court fine already paid!!

Thanks Bluebottle, just realised the email has not sent yet, do you think I should remove the part about the recording of the calls, and keep that for a later date?

[bluebottle]

Re: Marston harrassment for court fine already paid!!

Sent this:

Thank you for your recent communication which I received this afternoon through Royal Mail.

I am concerned to note that all the information I requested has not been provided and there are inconsistencies in what your company has disclosed.

The information I require from you is as follows -

a) Full details for both Mr Munro and Mr Cox, the two bailiffs dealing with this issue, including their first and last names and the names of the courts that issued their certificates;
b) A Certified copy of the Clamping Order from the court showing that Mr Cox had lawful authority to attach a wheelclamp our car;
c) A certified copy of the Distress Warrant, as issued to your company by the court, not the document printed on a Marston letterheading purporting to be a Distress Warrant, and the date it was received by your company;
d) Copies of ALL correspondence sent to me by Marston Group.
e) Certified copes of any Further Steps Notice, issued by the court and provided to your company by the court.

Your company is put on notice that I shall escalate this matter through Her Majesty's Courts & Tribunals Service (HMCTS) to senior management level, should this become necessary.

Yours faithfully,

Letter amended. Address the letter to Gareth Hughes, Chief Executive Officer, Marston Group. I am attaching a copy of Marston's complaints procedure, which I have downloaded from their website.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Thank you so much bluebottle!! Just noticed also that their so called carbon copy of the distress warrant that they have sent is dated 19th April!! The one the lovely Mr Cox left in my posession is dated 3rd April.

[bluebottle]

Re: Marston harrassment for court fine already paid!!

Thank you so much bluebottle!! Just noticed also that their so called carbon copy of the distress warrant that they have sent is dated 19th April!! The one the lovely Mr Cox left in my posession is dated 3rd April.

There is no such thing. The Distress Warrant is sent, by the court, as a PDF file, to Marstons, who then print off as many copies as they require. That is what they are supposed to do. A warrant is a legal document and must not be altered in any way without it being returned to the court of issue for amendment or alteration. The person to whom the warrant is issued may not alter it in any way. If they do, it becomes a useless piece of paper as it is then invalid. Any attempt to present it as having lawful authority may amount to a number of criminal offences.

[Qpips]

Re: Marston harrassment for court fine already paid!!

apologies if this sounds dumb then, have they committed and offence by twice trying to pass this off as the distress warrant? As it has quite obviously now been altered twice? And it was certainly presented to me as having lawful authority (despite the fine not even being mine)

[bluebottle]

Re: Marston harrassment for court fine already paid!!

apologies if this sounds dumb then, have they committed and offence by twice trying to pass this off as the distress warrant? As it has quite obviously now been altered twice? And it was certainly presented to me as having lawful authority (despite the fine not even being mine)

I am in the process of checking the legal status of these dubious Distress Warrants printed on bailiff companies' own letterheads, especially where the wording on them differs from what is printed on a genuine Magistrates Court Distress Warrant. My gut-feeling is that there would, most likely, be offences under the Forgery and Counterfeiting Act 1981 of Making A False Instrument, Using A False Instrument and Copying A False Instrument There may also be offences under Section 2, Fraud Act 2006 (Fraud by False Misrepresentation), Section 6 of the Act (Being In Possession of An Article for Use In Connection With Fraud) and Section 7 (Making An Article for Use In Connection With Fraud). Although bailiff companies claim their DIY Distress Warrants are legal, my gut-feeling is that they are anything but legal.

As regards a bailiff company trying to enforce a fine against you that hasn't been imposed on you by a court, that is not only unlawful, but illegal, too.

[Qpips]

Re: Marston harrassment for court fine already paid!!

... and as such, can a distress warrant dated after a fine has already been paid be deemed illegal too?

[bluebottle]

Re: Marston harrassment for court fine already paid!!

It will depend on whether the fine was paid prior to the court issuing the Distress Warrant. If it was, the issue of the Distress Warrant by the court may be in question and cast doubts on the probity and legality of enforcement action.

[ploddertom]

Re: Marston harrassment for court fine already paid!!

Marstons copy of any "alleged Warrant" I believe is to give credence to their claim of the charges they make, which are listed on their document but not the "true" one.

[CleverClogs]

Re: Marston harrassment for court fine already paid!!

Thank you so much bluebottle!! Just noticed also that their so called carbon copy of the distress warrant that they have sent is dated 19th April!! The one the lovely Mr Cox left in my posession is dated 3rd April.

What was the year?