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I paid PCN after bailiff visited (Marstons)

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  • I paid PCN after bailiff visited (Marstons)

    Hi all,

    I'll try and keep this as quick and succinct as possible. I received a letter from Hackney council stating I had an outstanding PCN and that it had increased 50%, but I *never* received a physical PCN on the date of contravention (I remember it well as I was held up in an office and my car remained parked long into the enforcement period so I felt like I'd dodged a bullet when I returned to my car to find no ticket on it). So after receiving this letter, I asked the council to provide me with photographic proof of the contravention, to which they did - I still maintained that the ticket was not present on my car at the time I returned to it and asked them to provide CCTV footage of the area (I figure a third party had removed it for whatever reason, or the wind had blown it off), anyway, they didn't and said it had now passed to Marstons. I made a Statutory Declaration, which was, unsurprisingly, ruled against me.

    I went to the states on business for 4 weeks and just after returning, a bailiff visited and whacked the £190 fine up to about £450, said they'd come back the next day if it wasn't paid off, which would incur a further charge etc etc. I have very little time outside of work commitments so I just paid the fine as I didn't want to waste time on the phone to him/their office, get nowhere and then potentially incur further charges.

    My question here is - having paid this, have I formally accepted all liability - the original PCN, and the (frankly ridiculous) bailiff charges, or is there any way to get these charges refunded so that, at the very least, I pay the original PCN cost, or in best case, I can successfully argue having never received the physical PCN in the first place.

    Thanks
    Robbo
    Tags: None

  • #2
    Re: I paid PCN after bailiff visited (Marstons)

    Hi,

    A slightly unusual case in that everything has been paid, but it at least means you've nothing to lose.

    My first instinct on this is that the bailiffs have vastly overcharged - charges and the correct procedure are set out in the link below:

    http://www.legalbeagles.info/forums/...rking-Offences

    This will enable you to calculate what you think the charges should have been. It's worth mentioning that they didn't increase the fine by 50%. Although it amounts to the same thing for you, there is a 50% discount if paid within x no of days, after which it resorts to the full amount.

    I would be inclined initially to send Letter 1 from the link below to the bailiff company:

    http://www.legalbeagles.info/forums/...Useful-Letters

    If they fail to respond to that, the next step would be to post back up and we'd get a SAR together to send to them to get ALL information they hold about you. It costs £10.00.

    If we can prove the bailiffs have significantly overcharged, then we can go to the issuing council who are vicariously liable (jointly liable) with their appointed enforcement agents and ask for appropriate compensation - possibly down to the cost of the original PCN.

    Hope that helps.

    Comment


    • #3
      Re: I paid PCN after bailiff visited (Marstons)

      The overcharging by the addition of fanciful is about as bad as ever.

      I believe the total cost should have been £244 (£190 + 28%) not £450.

      If Marstons CEO could :censored: (comment removed due to new positive attitude policy like that which worked so well at Munich.)

      Comment


      • #4
        Re: I paid PCN after bailiff visited (Marstons)

        It's certainly significant grounds for negotiation isn't it. A letter to the CEO of the relevant council pointing out the unlawful actions of his appointed enforcement agents and his vicarious liability with them would make him think. This in itself may well be sufficient to get the fees removed if that is what is suggested as a resolution. Other avenues remain should he be daft enough to ignore this.

        Comment


        • #5
          Re: I paid PCN after bailiff visited (Marstons)

          Originally posted by labman View Post
          It's certainly significant grounds for negotiation isn't it. A letter to the CEO of the relevant council pointing out the unlawful actions of his appointed enforcement agents and his vicarious liability with them would make him think. This in itself may well be sufficient to get the fees removed if that is what is suggested as a resolution. Other avenues remain should he be daft enough to ignore this.
          There is a distinct lack of consideration of their own persoal liability by council officials and CEO's for the misdeeds of their agents. In the case of Marstons, if the bailiff causes the death of a debtor, or innocent they would be in the dock with Marstons for possible corporate manslaughter. Marston's heavy handed usual modus operandi means it won't be long now.

          Comment


          • #6
            Re: I paid PCN after bailiff visited (Marstons)

            Originally posted by labman View Post
            My first instinct on this is that the bailiffs have vastly overcharged
            Gosh!

            Really?

            Shurely shome mishtake?

            Comment


            • #7
              Re: I paid PCN after bailiff visited (Marstons)

              Originally posted by CleverClogs View Post
              Gosh!

              Really?

              Shurely shome mishtake?
              One might be surprised to find a bailiff that has done the maths correctly! I know which I'd trust more of you or a bailiff - just the odd £232 difference.

              Comment


              • #8
                Re: I paid PCN after bailiff visited (Marstons)

                Originally posted by labman View Post
                One might be surprised to find a bailiff that has done the maths correctly! I know which I'd trust more of you or a bailiff - just the odd £232 difference.
                Well, the difference is a bit less, due to my having miscalculated. I have amended my post accordingly.

                Comment


                • #9
                  Re: I paid PCN after bailiff visited (Marstons)

                  Thanks everyone, I'll get on with sending a letter to the CEO and asking for a breakdown of costs etc. As some have said - I've nothing to lose.

                  It is worth pointing out, by the way, that the bailiff himself was actually very reasonable on the phone; no thuggish "pay this now or else", on the contrary, he said he wouldn't be visiting the very next day and that he'd give me time to sort it out with their office and, within reason, the local council. Of course he could have been lying, turned up the next day and whacked even more ridiculous charges on top... But for the most part, this man did not fit my own preconception of the bailiff personality.

                  Comment


                  • #10
                    Re: I paid PCN after bailiff visited (Marstons)

                    Originally posted by robbodelicious View Post
                    It is worth pointing out, by the way, that the bailiff himself was actually very reasonable on the phone; no thuggish "pay this now or else", on the contrary, he said he wouldn't be visiting the very next day and that he'd give me time to sort it out with their office and, within reason, the local council. Of course he could have been lying, turned up the next day and whacked even more ridiculous charges on top... But for the most part, this man did not fit my own preconception of the bailiff personality.
                    And why shouldn't he be polite?

                    You'd agreed to pay, so he'd be able to buy some food for his kiddies next week when his commission came through.

                    Comment


                    • #11
                      Re: I paid PCN after bailiff visited (Marstons)

                      Originally posted by CleverClogs View Post
                      And why shouldn't he be polite?

                      You'd agreed to pay, so he'd be able to buy some food for his kiddies next week when his commission came through.
                      This was before I'd agreed to pay.

                      Comment

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