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Re: Marstons!
Thank you.Originally posted by Lilacdreams View Post
So it's not the same harpy who caused so much trouble earlier this year.Comment
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Re: Marstons!
If its the same Miss Taylor who has been involved in a number of incidents, it is probably the same one. The OP needs to contact the court that imposed the fine and make arrangements as regards swearing a Statutory Declaration. The fact that means have not been examined brings into question the lawfulness of the fine and enforcement action.Originally posted by CleverClogs View Post
I am minded to draw Gareth's Hughes attention to this thread, especially as Capita are involved. A case last month involved Capita and the OP in that case had the conviction quashed by Statutory Declaration, but not before being harassed by a certain Marston bailiff who shares a surname with a well-known TV writer. I am also tempted to suggest to Mr Hughes that he makes Miss Taylor read Post #1.Last edited by bluebottle; 15th May 2013, 21:19:PM.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: Marstons!
I wasn't here when she called so I don't know the full details of her actions. I just witnessed the results with my lad. He won't come out of his room again as a result which has meant that his younger 11yr old brother has been having to look after him whilst I was at work this evening. The neighbours had came out this morning when it all happened as they thought that we were being broken into and know that my son is of a highly nervous state on the best of days and that he'd be inside (as never leaves the property). This stupid woman has put him back 6 months in his counselling because nobody answered the door to her! I accept that these people must come across closed doors as a regular event.. But if nobodys answering then go, don't on hammer it?
I will contact the court back in the midlands first thing in the morning and do as you suggest. Will this stop her coming again while I'm at work? I hate leaving my boy alone but I have rent and bills to pay, I'm a single parent trying to keep the roof over our heads and now it seems the wolves from the door also. I don't have the option of staying at home, if I don't work; We don't eat
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Re: Marstons!
Miss Taylor is not unknown to regulars here.Originally posted by Lilacdreams View Post
What - if anything - did the neighbours say to that appalling creature?
Did they tell her that your son would be terrified - and did she then desist, or did she bang on the door even more loudly?Comment
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Re: Marstons!
If a magistrates court conviction is found to be irregular, which means there has been some irregularity in due process, as may be the case in your circumstances, a Statutory Declaration is sworn and the conviction is then set aside. In layman's terms, this means that the conviction is cancelled or quashed.
What normally happens is that when a court that imposed a fine is advised of an irregularity in a conviction and a Distress Warrant has been issued, the Distress Warrant should be recalled and enforcement action ceases. Unfortunately, some bailiff companies under contract to HMCTS continue with enforcement, regardless, after a Distress Warrant has been recalled. Any enforcement action following the recall of a Distress Warrant is illegal as the bailiff has no lawful authority to act.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: Marstons!
My neighbour is quite elderly and only watched from her window and didn't run out until she saw me speeding in through the gate after my son had attempted to call me. He couldn't say much so I knew to run home for himOriginally posted by CleverClogs View PostComment
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Re: Marstons!
Thank you sooooo much! You are a hive of information. I will certainly sleep a little better tonight having read these comment. I have to admit to having been a complete nervous wreck today.Originally posted by bluebottle View PostComment
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Re: Marstons!
You need to contact the court that imposed the fine and explain the situation. If they refuse a Statutory Declaration hearing, challenge it. Ask them to quote you the legislation they are relying on.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: Marstons!
A thought has crossed my mind I am just off to the Health & Safety EXPO at the NEC, as you are a single parent with a child who has health issues, you are also most likely in the Vulnerable Category under the National Standards for Enforcement agencies. I think NMCS and Marstons are signed up to this. I would notify them of this fact and send proof of your son's issues to HMCS and Marstons. If they refuse to accept the vulnerability remind them they are in breach Section 3, Health & Safety at Work Act 1974 (Endangering A Member of the Public) and Regulation 3, Management of Health & Safety at Work Regulations 1999 for failure to carry out a risk assessment into the impact of their heavy handed enforcement to your son's mental health. tell them that you are minded to report them to the Health and Safety Executive for their breach. The HSE are independent and can investigate and prosecute even HMCS and Marstons without any reference to the police.Comment
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Re: Marstons!
But how would the delightful (???) Miss Taylor, or the Marston morons who instructed her, have known (or be reasonably expected to have known) that the house was occupied by a vulnerable family or that the only person in the house at the time was a young lad whom the bloody bailiff would frighten out of his wits?
That was why I asked if the neighbour had said anything; if she had but to no effect, then the ghastly Miss Taylor could have been guilty of an offence more serious than mere Breach of the Peace.Comment
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Re: Marstons!
Thank you so much everyone. I am pretty sure that I entered some kind of twilight zone yesterday. I was completely out of my depth. Fingers crossed here that I get somewhere when I call the court involved this morning. Just one final question... A statuary declaration hearing; Would I have to attend this hearing in person as the court in question is in Wolverhampton and I'm now in East Sussex.. and travelling with my son is a huge "no-no"?Comment
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Re: Marstons!
Lilac,
Your query is actually very simple to resolve. As you had not received a summons you have been fined in your absence and this is rectified ONLY by contacting (normally the issuing court) to swear a Statutory Declaration.
The difficulty may be in trying to determine which court still holds the records. If you have problems with locating which court then please post back.
When you contact the court you need to simply advise them that you have been advised that this relates to a TV licence fine from around 2005 and that you had not received a summons as you had moved address. If the operator tries to say that you knew about the TV inspector visit then you must ensure that you stress that you had not received a summons and therefore you were also unable to complete a Means Enquiry form.
I am assuming that you are not living close to the issuing court and you will be informed that you will need to go to your local magistrates court to swear a statutory declaration. The "issuing" court will advise you of this as the local court will not have details of the case on their records. Make sure that you obtain details of the following:
Date of conviction
Reference number allocated to the case
Amount of fine
You must also ensure that you ask the court to inform Marston Group of the appointment that has been made and they will then contact Marston Group to ensure that all enforcement is put on hold.
Any problems...please post back.Comment
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