Marston bailiff help needed ASAP

[bluebottle]

Re: Marston bailiff help needed ASAP

I honestly cant remember how fast I was going but id say it was over 35 but nothing stupid. I'll call the dvla tomorrow & get more info to be precise im sure theyll have a record.

You need to speak to the police force that stopped you for speeding. You will need to provide the following information -

1. Your name and address at the time;
2. The vehicle registration mark of the vehicle you were driving at the time of the offence;
3. The date of the offence;
4. The venue (place) where the offence took place, i.e. the name of the road or street where you were stopped by the police.

This SD. Can my mum write it out & give it to me to bring to the correct office/building or does she have to be there & do it in person so they know it is her that has written the full thing out? Earliest I can get this done is Wednesday due to both our working hours if she has to be there

You can type it out and print it out for her to take to a solicitor, but it is she who has to attend the solicitor's offices, swear an oath and the solicitor to notarise the SD.

If I remember rightly. If this is the same case I was spoken to by the police officer in the car. I kind of remember him being nice on the day and i literally told him i needed my car for work and if i remember right he basically scrapped the points & gave me a penalty notice. If this was the same incident ( I have had numerous traffic/road incidents) and this is the only 1 I remember being pulled for there & then (as the bailiff said this happened) so it must be this one


So thinking back i dont think i was given points because i apologised to the officer & said to him i need my car/licence for work and he settled on a penatly notice at the road side but i could be wrong (will call the dvla to confirm)

No. You ring the police force that issued the FPN, not DVLA. Details above. It appears you have not paid an FPN and it has been registered as a fine with the courts. Alternatively, the police decided to go into court and neglected to follow correct procedures, like informing you of the hearing. Ask how much the original fixed penalty was.

@@@@

[L11Marc]

Re: Marston bailiff help needed ASAP

Just been on the phone to Merseyside Police. They searched the date & could not find anything logged. Searched my name/post code and again could not find anything logged.

lady on the phone was nice & searched for 10 minutes. But nothing listing date of offence or through my name. Bit strange

[bluebottle]

Re: Marston bailiff help needed ASAP

Just been on the phone to Merseyside Police. They searched the date & could not find anything logged. Searched my name/post code and again could not find anything logged.

lady on the phone was nice & searched for 10 minutes. But nothing listing date of offence or through my name. Bit strange

Yes. It is strange. These are the contact details for HMCTS Cheshire and Merseyside Area Enforcement Team -

Email: CH-CPOSupervisors@hmcts.gsi.gov.uk
Tel.: 01633 645112

Email is the best approach. Insert "For the attn. of the Senior Enforcement Manager or Service Delivery Manager" in the subject box of your email browser.

At the head of the email put the following -

Your Full Name
Your Home Address
Your Date of Birth
Court Reference

Explain the situation as concisely as possible and do make sure you mention you have checked with Merseyside Police and they can find no record of any offence.

Most important, quote contact telephone numbers you can be contacted on.

Hope this helps.

[L11Marc]

Re: Marston bailiff help needed ASAP

Thanks very much i'll email in the morning

ive researched stat declerations in relation to the offence a bit more and I didnt realise how serious it is if they find out your "lying"

My worry is if the officer issued me with a fixed penalty notice in the police car & i just forgot about it and this comes up in court after i sign a statutory decleration ill be in a bad situation. What i want to get across to the court is maybe i did forget about the original fine but i am 100% sure i was not made aware of bailiff action until very recently 2nd Jan 2014 to be excact

What would be the best way to go about that? Do a statutory decleration & emphasise that point about just the bailiff action or will that go against me as they may be able to prove i was issued with a fixed penalty ticket there & then at the road side?

Really dont want to get involved in something if its going to back fire. However time's ticking as the bailiff is due to return Friday and this "FINAL NOTICE locksmith" is really worrying me. Last night i had no sleep at all with worry & my mum who suffers from bad nerve problems is out of her mind with worry thinking theyll be in & take all her possesions due to my speeding

[CleverClogs]

Re: Marston bailiff help needed ASAP

Yeah it was made to my mobile number

How did they get that number?

Did you give your mobile number to the plod who pulled you over?

[CleverClogs]

Re: Marston bailiff help needed ASAP

Last night i had no sleep at all with worry & my mum who suffers from bad nerve problems is out of her mind with worry thinking they'll be in & take all her possessions due to my speeding

That should be prevented by the Statutory Declaration that she owns the goods and chattels in her house.

[L11Marc]

Re: Marston bailiff help needed ASAP

How did they get that number?

Did you give your mobile number to the plod who pulled you over?

Yeah the police have had my number before this incident so thats been passed on to the bailiffs from the court or police

[bluebottle]

Re: Marston bailiff help needed ASAP

When you spoke to Merseyside Police last night, did you speak to the Force Information Centre? All FPNs for traffic offences will go through the Force's Central Ticket Office. Give them a ring and, hopefully, they should be able to shed light on things.

[L11Marc]

Re: Marston bailiff help needed ASAP

Quick update. Went a solicitors & their charging me £40 for a stat dec relating to my mums property

Just been down to the court this morning & explained i wanted to make a stat dec in regards to the offence


The lady took my 2 bailiff letters off me and come back 10 minutes later with a printed out sheet showing i have been paying the fine since 2010 via my benefits when i was out of work.


The form looks similar to a bank statmement and at the top says date of last court appearance 4/2/2010 and then says last movement 12/12/2013


She said i am unable to make a stat dec because of this & theres nothing i can do now its down to the bailiffs


The payments are various amounts & look like theyve been getting deducted monthly in £10 & £20 amounts

[CleverClogs]

Re: Marston bailiff help needed ASAP

Quick update. Went a solicitors & their charging me £40 for a stat dec relating to my mums property

They shouldn't be charging that much, unless they are also preparing the paperwork. Did you use the template to which I referred, altering it as needed?

Just been down to the court this morning & explained i wanted to make a stat dec in regards to the offence

And the silly woman there got the wrong idea...

The lady took my 2 bailiff letters off me and come back 10 minutes later with a printed out sheet showing i have been paying the fine since 2010 via my benefits when i was out of work.

The form looks similar to a bank statmement and at the top says date of last court appearance 4/2/2010 and then says last movement 12/12/2013

She said i am unable to make a stat dec because of this

She would probably be correct if the stat dec were intended to roll back the conviction; she is not correct when the stat dec refers to your mother's goods.

& theres nothing i can do now its down to the bailiffs

Stuff and nonsense!

The payments are various amounts & look like they've been getting deducted monthly in £10 & £20 amounts

When did you start work?

[L11Marc]

Re: Marston bailiff help needed ASAP

I started work 3 years ago

i have taken a photo of what the court printed out for me

it seems to have all the history of my fines/motor convictions on
and all the debits paid towards the fines

dont know how to upload onto here

[L11Marc]

Re: Marston bailiff help needed ASAP

Another update on this court print out i got today from the magistrates

it says imposed £600
paid so far £230
balance £370 (which is what the court next step form said)

This fine was being paid off when i was on job seekers allowance up until 27th april 2011. But then it says 16.11.13 benefits ceased. I started working again in april 2011. I was never sent anything or called about moving the debt over to be deducted from my wages. Or was that my duty to inform them im working?

where it says imposed £600 & paid £230 (leaving £370) this is listed as seperate incidents 1 being the speeding, no seatbelt fine, no insurance, park on a cab rank an others. So why the fine is £370 just for the speeding has gone over my head. Maybe if i could upload the pictures it would be better?

Also my uncle has phone the bailiff on my behalf while ive been in work. Just told me that the bailiff said i have been give numerous chances to pay this off which is a lie. He also told my uncle hes prepared to talk to me to come to an arrangement.

is there anyway of talking them into freezing the fine so more costs arent added or getting it down. Because £370 its now touching £700 and will only keep going up each visit etc.

sorting this stat dec with your template and sending it tomorrow signed for delivery

[bluebottle]

Re: Marston bailiff help needed ASAP

By the sound of it, someone at the court has fouled-up. If money is being taken from your benefits via an Attachment of Benefits Order (ABO) and this is still happening, two different forms of enforcement action cannot be pursued against a person for the same matter simultaneously. Putting it simply, it is unlawful.

Could you please confirm how much is outstanding, if at all?

[CleverClogs]

Re: Marston bailiff help needed ASAP

Another update on this court print out i got today from the magistrates

it says imposed £600
paid so far £230
balance £370 (which is what the court next step form said)

This fine was being paid off when i was on job seekers allowance up until 27th april 2011. But then it says 16.11.13 benefits ceased. I started working again in April 2011. I was never sent anything or called about moving the debt over to be deducted from my wages. Or was that my duty to inform them im working?

Yes, it was rather your responsibility - for all the courts would know, the payments had stopped because you had emigrated, or were in gaol, in a coma or dead; all they'd know is that the money from your JSA had stopped being taken.

This raises another puzzle, though: if you'd started work on 27^th April 2011, how in the name of Merlin's saggy scrotum did they manage to get payments from the DWP until 16^th November 2013 ?

where it says imposed £600 & paid £230 (leaving £370) this is listed as separate incidents 1 being the speeding, no seatbelt fine, no insurance, park on a cab rank an others.

Oh my - you have been busy!

How much were you fined for those (alleged?) offences?

So why the fine is £370 just for the speeding has gone over my head.

At a guess, I'd say that the other offences have yet to appear from the digital mire that HMCTS calls its computer database.

Maybe if i could upload the pictures it would be better?

Well, yes. Photograph or (better!) scan the document(s), edit the image to remove your personal details, upload the image file to http://www.postimage.org and then put the direct link to the image here, either as the address or using the "insert image" tool.

Also my uncle has phone the bailiff on my behalf while I've been in work. Just told me that the bailiff said i have been give numerous chances to pay this off which is a lie.

All that was proved is that the bailiff was still breathing at the time; the only time when bailiffs can be relied upon not to tell lies is when they are dead - and preferably with an oaken stake pounded through where their heart ought to be!

He also told my uncle hes prepared to talk to me to come to an arrangement.

Yes, of course he is! He thinks he'll be able to barge his way in and levy distress on any goods he finds in the house, or levy distress on your motor-car.

is there anyway of talking them into freezing the fine so more costs arent added or getting it down.

Alas, no.

Because £370 its now touching £700 and will only keep going up each visit etc.

Further lawful charges are unlikely unless the bugger turns up with a locksmith to force entry, or levies distress on goods in the house, or levies distresson your motor car, or clamps your motor car.

sorting this stat dec with your template and sending it tomorrow signed for delivery

That, at least, should reduce the risk of the oaf demanding to be admitted.

[CleverClogs]

Re: Marston bailiff help needed ASAP

By the sound of it, someone at the court has fouled-up.

It seems more like a complete fück up - and in the wrong hole, too! :rofl:

If money is being taken from your benefits via an Attachment of Benefits Order (ABO) and this is still happening, two different forms of enforcement action cannot be pursued against a person for the same matter simultaneously.

That's just it - the court seems to have been taking money from his JSA until 16/11/2013, despite his having started work (and ended his JSA claim) on 27/04/2011.
I'd like to know how they did that.

Putting it simply, it is unlawful.

Putting it simply, it looks like bureaucratic stupidity by the DWP.