Marston - TVL

[bluebottle]

Re: Marston - TVL

Went to court today; they were very helpful. They couldn't tell me which law this is being pursued under; I'd have to make an appointment to view the warrant "through a window", literally through the glass at the desk and that a further steps notice was sent to my current address before Marston's got hold of the case. A stat dec would not be accepted because a) it is past 21 days and b) "a third party" (I've no idea who that was) made a payment to the account in 2004, so in the eyes of the court, I knew about it. I guess my hands are tied regarding the fine and Marston's 'administration costs', then.
They did tell me Marston's failure to leave documentation of their visit was out of line and if proven, I can complain to the court. That requires Marston's accepting delivery of my Subject Access Request and complying to it though! Aaaaargh! Let's see where I get with that...

Something is not right and needs to be chased up at a higher level within HMCTS than the court you attended today. They say a "third party" made a payment, in 2004, and, therefore, you knew about it? What proof do they have you are, in fact, the defendant? They can't have it both ways. Also, they claim they don't know which law a 10 year-old fine is being pursued under. They should know or ought to know.

The call is entirely your's, but I would start escalating this matter within HMCTS. Marstons are about as helpful as a chocolate fireguard and the court is not much better. The next step would be the HMCTS Area Enforcement Team. There is a level higher than this, but it is exceedingly rare for matters to reach that level. Have a think about it.

[handcut]

Re: Marston - TVL

I'm having difficulty getting hold of the HMCTS Area Enforcement Team, but I would like to escalate the matter with them. Still haven't heard any more from Marston's explaining why no letter was left by the enforcement agent who allegedly visited. Also, I've read elsewhere that under the Criminal Procedure Rules 2013 52.8(5), if the fine is paid to the court, the warrant becomes invalid. Is this true?

[labman]

Re: Marston - TVL

Can I ask a question I am 99.99999% sure I know the answer to - I just want it confirmed by someone.

When someone is caught with no TV Licence, who prosecutes?

[CleverClogs]

Re: Marston - TVL

When someone is caught with no TV Licence, who prosecutes?

The MIB, innit?

(AASQ...)

[labman]

Re: Marston - TVL

Is anyone sensible prepared to answer the question?

[bluebottle]

Re: Marston - TVL

Can I ask a question I am 99.99999% sure I know the answer to - I just want it confirmed by someone.

When someone is caught with no TV Licence, who prosecutes?

Capita, masquerading as BBC/TVL. If the OP would like to advise which county they are in, I will dig out the email address for their local HMCTS Area Enforcement Team. This matter does need to be escalated within HMCTS as if the OP is not the defendant, the DW will need to be pulled.

[handcut]

Re: Marston - TVL

If the OP would like to advise which county they are in, I will dig out the email address for their local HMCTS Area Enforcement Team. This matter does need to be escalated within HMCTS as if the OP is not the defendant, the DW will need to be pulled.

Thanks. I'm in greater Manchester. I'd be keen to see the warrant, but can't take another day off work to go to the court & see it. Is it possible to request a copy?

[bizzybob]

Re: Marston - TVL

There are quite a few of these old "forgotten" fines being exhumed, and unfortunately bailiffs are fetching up at the address after the offender has either moved or died, Marstons are also hopeless with their traces, as in they see four J Smiths and go eenie meenie minie mo!!!

Best one (not) I have heard of was the new occupier who had a license being hounded by bailiffs for the previous occupant gone away for the last 5 years, the bailiff said the occupier was liable to pay as the "warrant was to that address" so it didn't matter, she had inherited the debt.......

Oh the tangled web they weave, that can trip them up.

[bluebottle]

Re: Marston - TVL

Thanks. I'm in greater Manchester. I'd be keen to see the warrant, but can't take another day off work to go to the court & see it. Is it possible to request a copy?

Firstly, the warrant. Unfortunately, you have to go to the court to see the distress warrant itself. That is as I have been advised by HMCTS themselves.

Secondly, the email address for the HMCTS Area Enforcement Team for Greater Manchester. The address is below. Make sure you put "For Attention of the Senior Enforcement Manager or Service Delivery Manager" in the subject box. Give as much detail as possible and provide them with the HMCTS reference, if available. Make sure you provide them with contact telephone numbers - landline and mobile if at all possible.

GM-AEUEnf@hmcts.gsi.gov.uk

Hope this helps.

[Sir Vere Brayne d'Emmidge]

Re: Marston - TVL

Can I ask a question I am 99.99999% sure I know the answer to - I just want it confirmed by someone.

When someone is caught with no TV Licence, who prosecutes?

Named Magistrates Court in the Distict, i.e. in Cambridgeshire is Huntingdon, Lincs Grantham, Norfolk Norwich etc.

[Sir Vere Brayne d'Emmidge]

Re: Marston - TVL

I'm having difficulty getting hold of the HMCTS Area Enforcement Team, but I would like to escalate the matter with them. Still haven't heard any more from Marston's explaining why no letter was left by the enforcement agent who allegedly visited. Also, I've read elsewhere that under the Criminal Procedure Rules 2013 52.8(5), if the fine is paid to the court, the warrant becomes invalid. Is this true?

If a warrant was issued the Compliance fee of £85 is still due to the bailiff

[Sir Vere Brayne d'Emmidge]

Re: Marston - TVL

Hello everyone,

I wonder if anybody can offer me some advice?

I appear to have got myself in a bit of a pickle with Marston over an alleged unpaid court fine of £100 for "No TV LICENCE (EDI)" the date given is almost 10 years ago. Here is a breakdown of events so far:

Aug 2013 - Received a letter from Marston demanding £185 for a £100 no TV licence fine from 10 years ago, plus £85 'costs'. Upon receipt of this, I panicked a bit and paid the fine on-line using the HMCTS website. I then e-mailed Marston to inform them of this. Since a Distress Warrant was issued you should have paid Marston the £185
6 days later, they replied with a request for a receipt, which I supplied them with.

Skip forward to last Friday, 8th Nov. I received a letter stating that I have an outstanding bill with them for £300, down from £400 after my payment of £100. They are saying if I do not settle the account within 7 days, an 'agent' will come and take my stuff. :colbert: Marston are trying to pull a fast one here, if an agent has not visited yet use the bottom slip on the first Maston letter and pay £85 cash to branch of Lloyds TSB

I e-mailed them to ask what they were playing at. Where the hell has this £400 come from?! Then I started reading around - primarily on this site - and realised the severity of the situation. Its a criminal offence, not civil. Oh dear. I've barely slept since Friday...

The first letter was the first I knew about the fine - but that was in August. I realise now I should have filed a Statutory Declaration - but it's beyond 21 days AND I've paid the original fine to the court.

What I want to know is:

Is it still worth making a stat dec?
Should I submit a S.A.R to find out where this exorbitant increase on the original amount has come from? They threaten an 'attendance fee' of £215 in their first letter. Could it be that? Attendance to what? My house? Its rare that myself or my two flat mates are all out of the house at the same time and surely they would leave a card or issue some kind of notice that they had been and that the fee had been applied.
Is there something I'm missing here; should I just empty my bank account and pay up? I'd rather not as I can't help feeling they're being, at the very least, unfair.
Should I attempt to get some legal advice through my Union? Actually, the voice in my head is already screaming 'yes' to that one.

Please, anything at all. It would be most appreciated!

Do not waste more time, pay the £85 and be done with it, because if a Marston agent visits before you pay the £85 (an envelope through the letterbox whilst you are at work suffices) then you owe them £300!

[handcut]

Re: Marston - TVL

Do not waste more time, pay the £85 and be done with it, because if a Marston agent visits before you pay the £85 (an envelope through the letterbox whilst you are at work suffices) then you owe them £300!

I paid the £85 in the end. They're not getting £215 for allegedly knocking on my door - no chance. For the record, they left no paperwork when they allegedly 'attended', which ASFAIK they must provide. If they want to chase me for it, so be it. I'm not a materialistic person and would sooner take a hammer to everything of value in my house - right before their eyes - before I'd let them so much as touch any of it. If they try to take any of my work equipment, I'll happily spend 10 times the amount of their attendance fee taking them to court.

I was suicidal 12 months ago and after a long, hard battle with depression and rebuilding my life, I feel I'm on the cusp of a relapse because of these shysters. What they are doing is tantamount to blackmail, possibly fraud, but unquestionably it is morally reprehensible. I'm hopping mad over this and holding it together by the skin of my teeth.

[bluebottle]

Re: Marston - TVL

I paid the £85 in the end. They're not getting £215 for allegedly knocking on my door - no chance. For the record, they left no paperwork when they allegedly 'attended', which ASFAIK they must provide. If they want to chase me for it, so be it. I'm not a materialistic person and would sooner take a hammer to everything of value in my house - right before their eyes - before I'd let them so much as touch any of it. If they try to take any of my work equipment, I'll happily spend 10 times the amount of their attendance fee taking them to court.

I was suicidal 12 months ago and after a long, hard battle with depression and rebuilding my life, I feel I'm on the cusp of a relapse because of these shysters. What they are doing is tantamount to blackmail, possibly fraud, but unquestionably it is morally reprehensible. I'm hopping mad over this and holding it together by the skin of my teeth.

Have you contacted the HMCTS Area Enforcement Team and, if so, has there been any indication as to whether you are the defendant or not?

[handcut]

Re: Marston - TVL

Have you contacted the HMCTS Area Enforcement Team and, if so, has there been any indication as to whether you are the defendant or not?

I have contacted them - many, many thanks for that e-mail address. I have yet to receive a reply... Oh, and my subject access request was finally signed for! When you say 'to find out if I'm the defendant', do really mean they could be chasing me thinking I'm someone else? The thing that's really bugging me is this "third party" payment. The further steps notice went to my mother's address (back in 2004) after, I'm guessing, I lived there briefly when I was getting myself back on my feet after being made redundant. I wish I had a better memory!

I've calmed down about after my last post! That came after reading an article about the Crapita head monkey saying not enough young people are joining the armed forces because there's not enough wars! Try telling that to the 5,000 UK servicemen/women STILL in Afganistan you____!!!