marstons tv license

[typicaluser]

Re: marstons tv license

I hate to keep seeming clueless, but where do I go from here?

[bluebottle]

Re: marstons tv license

It is normal for a DW to be issued by the court that imposed the fine, not a Regional Enforcement Team. I feel that this needs to be escalated to Head of Enforcement Operations (South). I would certainly question what the KSS Regional Enforcement Team are claiming. You will need to include in your email to HEO (South) the following -

"It is my understanding that where a Distress Warrant is issued under Rule 52, Criminal Procedures Rules 2011 (as amended), it is normally the court that imposed the original fine who issue the Distress Warrant. Would you please confirm this is correct."

I have to say that the KSS Regional Enforcement Team appears to be out of sync with other Regional Enforcement Teams, hence, why the matter should now be escalated to a higher level within HMCTS.

[Milo]

Re: marstons tv license

There is indeed provision for the bailiff COMPANY to accept payments over the "warrant handling period" which is 180 days (6 months).

However, it is very rare to get such an agreement and is usually for cases that are very vulnerable.

Marston and Collectica with both allow debtors to pay over 3 months as long as the agreement is made at the initial letters stage. If payment is not made to the company within 7 days of the initial letter or a payment proposal made, then the case is referred to a bailiff to make a PERSONAL visit. It is very difficult to get a payment arrangement at this stage as the bailiff only gets paid commission when FULL payment is made.

The problem with court FINES is that the the court service have been heavily criticised by the National Audit Office for failing to collect court fines of around £900 million.

Given that a personal visit has already been made I would suggest that you contact the bailiff (by text if you wish) and advise him that you will have problems paying the whole debt today and that you can pay 50% today with the balance in one month. Hopefully he will agree.

Did you receive an initial letter from Marston Group?

[wales01man]

Re: marstons tv license

If they aint got the money what do the courts and the bailiffs expect them to do? its all rather stupid to get money that aint there the system needs updating fines should be firstly taken out of wages and benefits if the debt is not paid after a period of time remove thug bailiffs from the system and make the public sector do the job

[bluebottle]

Re: marstons tv license

If a bailiff company under contract to HMCTS is making it as difficult as possible to pay a fine, then the defendant has the option and right to refer this to the HMCTS Area Enforcement Team, which will be based at the court that imposed the original fine. If they sing the "Speak to the Bailiff" song, then the matter should be referred to the HMCTS Regional Enforcement Team who are at a more senior level and can over-rule the Area Enforcement Team. In my experience, this has happened in a number of cases, especially where a contracted bailiff company is being intransigent or falsely claiming a defendant is avoiding paying a fine. As Milo has pointed out, HMCTS has around £900 million in unpaid fines outstanding. Some of this is due to HMCTS's computer system not being fit for purpose, a fact alluded to by the High Court in the case of R -v- South Western Magistrates (on the application of Purnell). However, the practice of fining defendants in their absence and fining them the maximum amount, quite often resulting in them being unable to pay and not informing them of their right to challenge the amount of a fine, has contributed to this situation.

Although private-sector bailiff companies have been brought in to try and collect what is outstanding, they are not the answer. There needs to be a commonsense reform of the judicial system and an end to the practice of fining defendants in their absence. In delivering its scathing condemnation of HMCTS in R -v- South Western Magistrates, the High Court made it very clear that a fine should not be imposed or enforced if a defendant's means have not been examined. It would appear that the politicians at the MoJ have not heeded what the High Court said in R -v- South Western Magistrates, itself, a Judicial Review. The politicians need to listen to what the courts tell them, not to their ideological gurus or those with vested interests who are their paymasters.

[typicaluser]

Re: marstons tv license

As per the advice this morning, I tried to contact the bailiff this morning but his number doesn't seem to even work! First I couldn't find his name on the register and now he seems to have given me a dud number too. First I sent a text to it, and it failed and I tried calling it and it says the number is not recognised.

[charitynjw]

Re: marstons tv license

http://www.bentlawyersandcops.com/a_..._judiciary.htm

Btw, bluebottle, have you got a link for R -v- South Western Magistrates (on the application of Purnell).

[bluebottle]

Re: marstons tv license

As per the advice this morning, I tried to contact the bailiff this morning but his number doesn't seem to even work! First I couldn't find his name on the register and now he seems to have given me a dud number too. First I sent a text to it, and it failed and I tried calling it and it says the number is not recognised.

if you have not already done so, escalate this matter to the HMCTS Area Enforcement Team at the court that imposed the fine and, if necessary, the HMCTS Regional Enforcement Team, who are at a more senior level. Both are in a position to and will, if necessary, kill a contracted bailiff's pig very quickly, especially if there is evidence of vulnerability on the part of the defendant or conduct on the part of the bailiff that does or would amount to unlawful or illegal conduct, or conduct that would expose HMCTS to litigation or bring it and the courts into disrepute.

[typicaluser]

Re: marstons tv license

I have done so, I did mention that my partner is pregnant and that I have a small child at home, but whether they class that as vulnerable in regards to my situation I don't know. Should I tell them about the bailiff giving me a wrong number? Is this a tactic they adopt?

[Milo]

Re: marstons tv license

Have you tried offering to pay 50% when you get paid and the balance in one month?

[CleverClogs]

Re: marstons tv license

Marston and Collectica [will] both allow debtors to pay over 3 months as long as the agreement is made at the initial letters stage. If payment is not made to the company within 7 days of the initial letter or a payment proposal made, then the case is referred to a bailiff to make a PERSONAL visit. It is very difficult to get a payment arrangement at this stage as the bailiff only gets paid commission when FULL payment is made.

In other words, the problem with paying by instalments is religious?

[bluebottle]

Re: marstons tv license

http://www.bentlawyersandcops.com/a_..._judiciary.htm

Btw, bluebottle, have you got a link for R -v- South Western Magistrates (on the application of Purnell).

Link to R -v- South Western Magistrates (on the application of Purnell) [2012] as requested. Reference is made in the judgement to R -v- Hereford Magistrates Court ex parte Macrae [1999] which says, in essence, says that where an MC DW has been correctly issued, it will not normally be recalled.

http://www.bailii.org/cgi-bin/markup...method=boolean

[typicaluser]

Re: marstons tv license

I offered him 50% and the balance in 4 weeks when I get paid and he refused. I then offered slightly more than 50% but anymore than that would push me over the edge but he still said no. I sent emails to the departments last night and received no response today and the bailiff said he was going to call me at 9am in the morning to take full payment

[charitynjw]

Re: marstons tv license

Link to R -v- South Western Magistrates (on the application of Purnell) [2012] as requested. Reference is made in the judgement to R -v- Hereford Magistrates Court ex parte Macrae [1999] which says, in essence, says that where an MC DW has been correctly issued, it will not normally be recalled.

http://www.bailii.org/cgi-bin/markup...method=boolean

Thank you, sir; you are a gentleman!

[labman]

Re: marstons tv license

Personally I think you're barking up the wrong tree pursuing this through the court enforcement process. I think you need somehow to try to resolve this with the bailiff company. At the end of the day, they cannot get blood out of a stone.

If he were to accept the 50% this month, would you definitely be in a position to pay the remainder next month?