Wrongly pursued for an unpaid magistrates fine

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you very much for advice, bluebottle. Your advice is very helpful. I don't have any CD-Roms with telephone conversations as I never made any calls to them. The means of communication with them was by email. And there is quite a lot of emails I sent and received, do I need to send all or only the relevant ones?

Sorry to be a pain

I would be inclined to send HMCTS all of them and let them see that there is an exchange of communication between you and the courts, Marston Group, etc.. Quite often something you may consider of no consequence may, indeed, be something quite important. Send the lot.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you for your reply Bluebottle,

Your advice has been noted. I was just wondering whether to send my complaint as a brief account of what has happened giving a background to the matter, instead of submitting a completely new complaint. The reason for this is that by giving a brief background it would lessen the amount of paperwork which they will have to go through. My schedule of exhibits contains 27 documents. That's not pages,but documents. I haven't even started on the complaint yet and if I start with a new one, I expect it to be around ten pages.

This is also going to increase the expense of postage.

Any advice here will be appreciated.

Thank you:santa2:

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you for your reply Bluebottle,

Your advice has been noted. I was just wondering whether to send my complaint as a brief account of what has happened giving a background to the matter, instead of submitting a completely new complaint. The reason for this is that by giving a brief background it would lessen the amount of paperwork which they will have to go through. My schedule of exhibits contains 27 documents. That's not pages,but documents. I haven't even started on the complaint yet and if I start with a new one, I expect it to be around ten pages.

This is also going to increase the expense of postage.

Any advice here will be appreciated.

Thank you:santa2:

Having worked in the Criminal Justice system, I can assure you that a brief account would not be satisfactory if you are looking for a right and just outcome to this episode. A complaint I helped someone with recently totalled seven sides of A4. Unfortunately, HMCTS are likely to want to know the ins and outs of the proverbial moggie's rear end. There is nothing to prevent you referring to documents within the complaint and, in the covering letter, stating that copies of documents referred to in the complaint can be provided to them should they so require. However, the complaint document, itself, will need to be fairly comprehensive, giving times and dates, details of what was said, etc., in order that HMCTS can challenge Marstons as to the actions of their company and employees. The senior officers and their staff, within HMCTS Criminal Enforcement Team, are, on the whole, very helpful and, obviously, the more comprehensive the information you provide them with is, the better the eventual outcome should be for you.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you very much bluebottle for your helpful advice. It is much appreciated.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Hi Bluebottle, I am sorry to bother you again, But I have another question.

Upon going through my documentary evidence, I have realised that all the letters and email from Marstons are marked as "strictly confidential".

My question is would I be breaching confidentiality by submitting these documents as exhibits and referring to them within the content of my complaint to the HMCTS?

Your advice would be appreciated.

[bizzybob]

Re: Wrongly pursued for an unpaid magistrates fine

Confidential between a debtor and the collector, therefore they are evidence and can be submitted as evidence imho, BB will know more

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you for your reply bizzybob. It is appreciated.

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

Hi Bluebottle, I am sorry to bother you again, But I have another question.

Upon going through my documentary evidence, I have realised that all the letters and email from Marstons are marked as "strictly confidential".

My question is would I be breaching confidentiality by submitting these documents as exhibits and referring to them within the content of my complaint to the HMCTS?

Your advice would be appreciated.

It will depend on what is within the emails and letters. However, as a very general rule, any STRICTLY CONFIDENTIAL label on an email or letter would be as per Bizzybob's post. It does not preclude or prevent you from using the emails and letters as evidence in any complaint or legal proceedings, no matter what Marstons may claim.

Strictly speaking, the bailiff and other Marston employees broke the law by engaging in a course of conduct amounting to harassment which they know or ought to know they had no right in law to engage in. The employees involved and Marstons, the company, are both liable in this respect. The relevant legislation is the Protection from Harassment Act 1997.

Any trespass would be under Common Law unless the bailiff attempted to force entry, in which case the Criminal Law Act 1977 would apply.

Any demands to make payments were and are illegal, as you were not a defendant and owed no money to HMCTS. Any person whether for their own benefit or that of another who makes an unwarranted demand and at the time of doing so uses menaces (threats) as a means of enforcing those demands commits an offence under the Criminal Law. It is an offence the courts take very seriously.

Draft your complaint and then post it up. My offer to check it still stands. What Marstons have done is not something that can be dismissed out of hand as they appear to have.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you very much for your advice, Bluebottle. It has been noted and is appreciated. I am in the process of drafting my complaint.

Thank you for all your help.

[Sir Vere Brayne d'Emmidge]

Re: Wrongly pursued for an unpaid magistrates fine

Hi Bluebottle, I am sorry to bother you again, But I have another question.

Upon going through my documentary evidence, I have realised that all the letters and email from Marstons are marked as "strictly confidential".

My question is would I be breaching confidentiality by submitting these documents as exhibits and referring to them within the content of my complaint to the HMCTS?

Your advice would be appreciated.

The confidentiality note is directed to anyone else handling your post, anyone opening it without your express authority is in breach of the PDA, but such correspondence can be used in a Court of Law by yourself, as you are entitled to divulge the information in it, as it concerns you, not Marston.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you Sir Vera, for your advice. It has been noted.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

It will depend on what is within the emails and letters. However, as a very general rule, any STRICTLY CONFIDENTIAL label on an email or letter would be as per Bizzybob's post. It does not preclude or prevent you from using the emails and letters as evidence in any complaint or legal proceedings, no matter what Marstons may claim.

Strictly speaking, the bailiff and other Marston employees broke the law by engaging in a course of conduct amounting to harassment which they know or ought to know they had no right in law to engage in. The employees involved and Marstons, the company, are both liable in this respect. The relevant legislation is the Protection from Harassment Act 1997.

Any trespass would be under Common Law unless the bailiff attempted to force entry, in which case the Criminal Law Act 1977 would apply.

Any demands to make payments were and are illegal, as you were not a defendant and owed no money to HMCTS. Any person whether for their own benefit or that of another who makes an unwarranted demand and at the time of doing so uses menaces (threats) as a means of enforcing those demands commits an offence under the Criminal Law. It is an offence the courts take very seriously.

Draft your complaint and then post it up. My offer to check it still stands. What Marstons have done is not something that can be dismissed out of hand as they appear to have.

My draft is ready for checking. But because it contains a lot of personal details, can I send it to you as an attachment in a private message?

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

My draft is ready for checking. But because it contains a lot of personal details, can I send it to you as an attachment in a private message?

Yes. That it is fine.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Yes. That it is fine.

Okay I'm having a spot of bother trying to upload my attachment in order to send it as a private message. my draft is in word format and saved on my computer. Any ideas?

[CleverClogs]

Re: Wrongly pursued for an unpaid magistrates fine

Okay I'm having a spot of bother trying to upload my attachment in order to send it as a private message. my draft is in word format and saved on my computer. Any ideas?

Select all, copy and paste it into a pm.