Marston have "forgot" I paid a fine years ago, received further steps notice today.

[BloodyMarstonsagain]

Hi, I just got a letter in today from "Merseyside Magistrates court", apparently aka Marstons.
I had a fine that was passed on to them back in 2011, got threatening letters, ended up paying £550 with all the fees. Paid by direct debit over the phone, they were all pleased of course, I thought that was the end of it obviously.

I can't remember if I got receipt of payment!
Apparently after speaking to Liverpool court this further steps notice is regarding this old fine, that I bloody paid.
It was paid for on my partners card, they are on the phone to the bank right now trying to track down the payment.
Is a bank statement sound proof?
I had asked the woman at the court I got a hold of what to do, and if I should do a statutory declaration.
She said it probably wouldn't be any good as I had known about the fine back in 2011, well that's a different issue, I did not receive any other letters or contact after I paid the fine in 2011 until this morning I received this further steps notice asking for £350.


I don't know my rights really, and I don't want to end up paying close to a bloody grand.


////////
Partner just off the phone, there was a payment to Marstons Jan12th 2012 for £551.


What now?

[charitynjw]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

Hi BloodyMarstonsagain & welcome to Legal Beagles.

[BloodyMarstonsagain]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

Spoke to Liverpool magistrates on Dale street for the second time, spoke with a woman on the switchboard telling her I cannot get through to Merseyside collection office in Runcorn on 08452002078, nor the email they gave me, which doesn't exist, sending failed permanently.
The woman has apparently emailed the office on the email address they have internally quoting my account number and giving them my mobile number.
I dread to think how much money they generate leaving people on the line who are hanging on in desperation to resolve matters.
There should be an independent inquiry into such things.

[bizzybob]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

Stat Dec and proof of payment to court copied to Sharkstons.

[bluebottle]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

Love the handle. Funnily enough, that's what a lot of court staff think about Marstons. In a nutshell, if you have paid a fine in full, along with any costs and fees, that is the end of it. It sounds like a cock-up by either HMCTS or Marstons. If a bank or credit card statement shows the payment, then that is pretty clear evidence. HMCTS's computer system has been slammed by the High Court as "not fit for purpose", so do not be surprised if they blame a computer error or human error because some numpty forgot to enter the payment on the system or Marstons "forgot" to tell HMCTS. It does happen.

Hope you get this sorted out.

[BloodyMarstonsagain]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

Hi, thanks for the replies.
Ok, apparently this is from another fine. There was two from the same night (don't ask).
So the fine was being paid from Dec 2009 till March 2010, then payments stopped. I have no idea why, they were coming out automatically.
I haven't heard anything from anyone until I received the Further steps notice today.

Finally got hold of a gentleman called John from Merseyside fines and courts whatever it's called. He wouldn't give his full name, said he would lose his job.

So I have said to John I have no idea what happened with these payments, the first of me hearing the fine wasn't paid off was the Further steps notice this morning. I don't have any money, and he might as well give me a week in Walton because I am not in receipt of benefits either.

He has said he will put a hold on my case so his colleagues can investigate further, I asked "So do I ignore the 10 day threat in the letter?" He replied the worst that can happen is you will receive another further steps notice. I said I was very concerned about fee's and all this money and not really trusting him, he said they will "investigate your case free of charge, in an informal manner out of the courts and get back in touch" this is after I mentioned a Statutory declaration too. I mentioned seeking information and advice and I am going to contact an advocate in the area. And that was that, "John" left it that, according to him I should just wait until his colleagues have investigated my case "free of charge" and with no courts involved to boot.

I have concerns he even mentioned that no courts or fees will be involved.
I of course don't trust these people, and think they could be biding time just to stitch me up further.

I would not have stopped paying a fine because I know this is what ends up happening, and it came out on a debit I never had control of anyway, from benefits.

SO, they know I have not a penny, and I would rather go to Walton for a week than have them near me, and now a man who didn't fully let his identity known has put my case on hold. Well I don't have it in writing that the case is on hold do I.


Any suggestions???

[ploddertom]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

I think in this instance you have to give him benefit of the doubt. However I would certainly chase him up again this time next week to see what - if anything - they have done.

[BloodyMarstonsagain]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

Thanks for getting back to me, plodd.

I am not about to give someone like that the benefit of the doubt for over a week, though.
I will be talking to an advocate for rights worker tomorrow hopefully.


Any more suggestions and input is appreciated.

[bluebottle]

Re: Marston have "forgot" I paid a fine years ago, received further steps notice toda

Find out if a Consolidation Order was made. What these orders do is "bundle" a number of fines together to enable them to be paid as one. However, if the defendant cannot pay an increased amount within the original timespan set by the court, but can pay a lesser amount over a longer period of time, then the court should call the defendant back to court, examine their means and change the payments and payment period. This is done with a Variation Order (Correct me, someone, if this isn't correct.).

There is case law on this, namely, R -v- South Western Magistrates (on the application of Purnell). It is a Judicial Review by the High Court and HMCTS got a right slamming by the HC, including that their computer system and means forms were "not fit for purpose".

The court needs to explain where this other fine has come from and why you knew nothing about it.

As for "John" investigating the matter "free of charge", to the best of my knowledge and belief, HMCTS cannot charge defendants for investigating its own cock-ups. Did this "John" give any details of what the second fine relates to, please?