Marstons Bailiffs

[Hurricane Puffrose]

Re: Marstons Bailiffs

Hi, I have no idea about baillifs but I DO know about train tickets and penalty fares.

Just to to everyone in a clearer picture about that side of it, there are signs which say clearly on the stations and trains, both on platforms and concourses that penalty fares are in operation if you are found to not be in possesion of a valid ticket.
The offical line is, if there is no ticket in the passengers possesion, a full penalty fare shall be issued and if this is disputed the matter is reported for prosecution as a matter of course.

Before you all get bent out of shape with me, I DO know why this is the case, put yourself in he hated Ticket Inspector's shoes for a moment.

I shall use CC for an example, and I'm not suggesting you travel squiffy hunny, ior that you are violent its just a ferinstance :

"You have no ticket sir, may I have your name as I have to issue a penalty ticket"
"Mr Clogs"
"Thank you Mr Clogs, the penalty fare is £xx.xx"
"But I had a ticket! You need to find it"
"I can leave the barrier sir"
*PUNCH*

Unfortunatly it is a day to day occurance, people lose their tickets and get irate and staff get a smack in the gob, so they are taught that if people dispute it, send the details to higher authority and come away.
I have both witnessed and been on the receiving end of it!

It also states in the Conditions Of Carriage that you must be able to produce a vaild ticket for travel at all points of your journey, and with no disrespect to the OP, it is not an inspectors job to search a bin bag to find it!

As for what the Baillif's rights are.. I bow to your superior knowledge guys.

[labman]

Re: Marstons Bailiffs

Thanks Puff. The bailiff in this case is just doing his job - fees may or may not be an issue.

What is definitely an issue is getting the full story if we are going to be able to help, and from what you have written (and yes, I remember what you used to be, so you will be right!) you insinuate that there is more to this than meets the eye.

It would be good to know what that 'more' is if you want our help, or indeed if we are going to be able to provide it.

[ploddertom]

Re: Marstons Bailiffs

I won't enter the rights or wrongs that the OP may have done as think that only inflames things. The facts are that for whatever reason he did not receive notification of being summonsed to Court and in his absence because the Magistrates don't know his circumstances have fined him the maximum possible.

Since then he has been in contact with the Court and failed to attend his local Court to swear a Stat Dec and also failed to chase it up. Similarly after receiving a Further Steps Notice he has failed to follow things through and the matter is now in the hand of the Bailiff who is carrying out the instructions of the Court.

You must contact the Court at your earliest opportunity but they may view it that you have been given every opportunty in the past and either failed to attend or failed to chase things up and now look upon it as you have to feel the weight of the law. As this is classed as a criminal fine it will be recorded on your record and failure to pay could well mean that an arrest warrant could be issued without bail, you may be at risk of being picked up at any time and imprisoned until a hearing can be arranged. That is at its worst and is not an everyday occurrence but is a possibility.

[wales01man]

Re: Marstons Bailiffs

The OP failed on a lot of things noted above,the law is the law and should not be disregarded ,,reading Puffs post i must agree there are plenty of signs all around the railway regarding fares and penalty fares,i notice the tickets have Virginia water on them ,to those not very familar with the area its rather upmarket no dout the travelling public there can read signs so there is no excuse ,the OP is by all means not thick like what i am so has no excuse .as for telling the staff to look for the ticket on the train draw your own conclusions?if i put what i have to say about that attitude i would be banned from here.

[des8]

Re: Marstons Bailiffs

if i put what i have to say about that attitude i would be banned from here.

GO on "ysgrifennwch yn Gymraeg"... they'll never read it!!

[pepsie]

Re: Marstons Bailiffs

I would imagine this is another poster who has left the fold to seek advice elsewhere.......the fine was not the problem, he admits that he did indeed travel without a valid ticket.....the problem was as I see it... having attempted to address the matter and having failed to get a response, due process was not followed by SW Trains/Court.

If you are still around lach90.. your unpaid fine will no doubt be returned to the Court, following which you will be summoned to appear to explain yourself, and that stage you can in person tell again what you have told us above.

pespie

[wales01man]

Re: Marstons Bailiffs

The OP had a date to attend and sign a SD but says they couldnt make it and asked the court to make a date to suit the OP? does the court system work like this? then gets notice the fine has been passed to bailiffs? seems to want the system to do want they want and then complains,the result a criminal record i expect and rightly so showing old tickets dont seem a defence ? or can someone tell me different?

[pepsie]

Re: Marstons Bailiffs

It would have to presumed any defence would need to be prepared keeping in mind the OP states:

"I was never given a summons! I never had a chance to turn up in court"

Pepsie

[Inca]

Re: Marstons Bailiffs

The OP challenged the non summons and was asked to sign stat declarations to that effect. He didn't go to either of the dates given by the court to do this and doesn't appear to have contacted anyone to say he couldn't attend on the given dates .He also states he had the signing moved to where he now lives. Surely not turning up (for any reason) is detrimental to any defence?.
I'm wondering wether ,given the time scale, it's too late to change anything and the debt and the bailiffs' legitimate fees are due and owing. I'm happy to be corrected of course.

[pepsie]

Re: Marstons Bailiffs

The OP challenged the non summons and was asked to sign stat declarations to that effect. He didn't go to either of the dates given by the court to do this and doesn't appear to have contacted anyone to say he couldn't attend on the given dates .He also states he had the signing moved to where he now lives. Surely not turning up (for any reason) is detrimental to any defence?.
I'm wondering wether ,given the time scale, it's too late to change anything and the debt and the bailiffs' legitimate fees are due and owing. I'm happy to be corrected of course.

What you say is of course true and the only defence available to him has to be

"I was never given a summons! I never had a chance to turn up in court" whether or not any Court will take that into consideration... we can merely guess.?????

[wales01man]

Re: Marstons Bailiffs

If they sent a summons is that not accepted as delivery of summons after all we could all receive one then say we didnt after all they are not hand served or sent recorded delivery?

[pepsie]

Re: Marstons Bailiffs

They do say a summons posted is deemed to have been delivered and duly served......when this matter was raised with the moj they replied with the telling it would be far to costly to use recorded post?

[labman]

Re: Marstons Bailiffs

They do say a summons posted is deemed to have been delivered and duly served......when this matter was raised with the moj they replied with the telling it would be far to costly to use recorded post?

Do they not need Proof of Postage though? Possibly difficult with a franking machine. I know if we send them stuff we need a minimum of Proof of Postage.

[pepsie]

Re: Marstons Bailiffs

Do they not need Proof of Postage though? Possibly difficult with a franking machine. I know if we send them stuff we need a minimum of Proof of Postage.

Everything I have ever received from them has come franked, you could be right and it might not be possible to get proof of posting that way...perhaps due to the volume of post they deal with?

[wales01man]

Re: Marstons Bailiffs

I am no expert .but i expect the courts would take it that a summons was received if one was sent if not everone who was sent a summons could simply not turn up at court and later after judgement when pursued by bailiffs or the police use it as a defence.This would tie up the courts for ever,i somehow think it wont wash.
Back to this thread if it goes back to court i would expect a conviction again the OP seems to have an attitude after all telling the staff to look for his ticket in a bin probably full of rubbish and other tickets do they think this is what railway staff do dig through bins?