Urgent Advice Needed-TV License,Magistrate Fine

[stuckinarut1985]

Hi everyone im new to this so please bear with me.
I owe £525 in combined fines to TV license,Reading Magistrates Court and Marston.
I previously lived in Reading but have recently moved back to Scotland to live with my parents after a complete obliteration of my life-had to sell my house,unemployed etc..
I received a call today from a Marston bailiff saying that if i do not pay the fine in full today he will issue a distress warrant and have the case passed on to local bailiffs to enter my parents house and remove goods.I have not dodged these debts on purpose but sometimes life gets in the way.
I am currently unemployed and stated this to him,that i would be unable to pay in full and would a payment plan be an option or to directly take it from my benefits?To which he said "No and its not my problem".
I asked for the case details so i could contact Reading Magistrates Fines Officer directly to explain my predicament.He said there is "No way to deal with them on the phone and i would have to attend court in person this week to discuss the matter in person".
I just need advice on where i go from here?
I have heard/read that private bailiffs do not have any rights in Scotland but at the same time i do not want the distress of someone coming to my parents door.
I also read that due to my change in financial circumstances:-
Under Section 85 of the Magistrates' Court Act 1980 the court has power to remit fines where there has been a change in the financial circumstances of the offender.
Under Section 165 of the Criminal Justice Act 2003, the court has power to remit fines where the fine has been imposed without an ascertainment of means.
But the option of remission is not available for costs because the Sentencing Council Guidelines states at paragraph 12 of the section on the enforcement of fines:
"Compensation and costs cannot be remitted but, where payment is unlikely or impractical due to the defaulter's means or circumstances, the sum may be discharged or reduced. Victims and claimants should be consulted and given an opportunity to attend the hearing."
and that i should write to the Fines Officer directly?
Its just very confusing and frustrating....
I want to set up a payment even if there is a provision that it is increased once i return to employment but it all seems to be falling on deaf ears.
Any help or advice would be greatly and profoundly appreciated.
*If any clarification is needed please ask and i apologize if my queries are disorganized but i had another threatening call whilst composing this post

[CleverClogs]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Hi everyone im new to this so please bear with me.

It's really very simple - bailiffs tell lies!

I owe £525 in combined fines to TV license,Reading Magistrates Court and Marston.

No, you don't. Marstons cannot impose fines.

First things first: were you even aware of the prosecution for not having a TV licence?

I previously lived in Reading but have recently moved back to Scotland to live with my parents after a complete obliteration of my life-had to sell my house,unemployed etc..
I received a call today from a Marston bailiff

His name, please?

saying that if i do not pay the fine in full today he will issue a distress warrant

Oh he will, will he?

That will be interesting, as bailiffs are not usually permitted to usurp the role of a judge.

and have the case passed on to local bailiffs

... who do not exist in Scotland...

to enter my parents house and remove goods.

He's full of shyte.

Even in England or Wales, no bästärd bailiff may lawfully seize the goods of a third party.

When you next speak to that oaf, record the call. If you cannot record the call, refuse to discuss it with him but require him to send you an email.

I asked for the case details so i could contact Reading Magistrates Fines Officer directly to explain my predicament.He said there is "No way to deal with them on the phone and i would have to attend court in person this week to discuss the matter in person".

He's a liar.

All he wants is his inflated fees.

I have heard/read that private bailiffs do not have any rights in Scotland but at the same time I do not want the distress of someone coming to my parents door.

They won't.

Even if one did, there'd be bugger all he could do except go away again.

How many threatening calls have you received in total over this, and over what period of time?

[ploddertom]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Read this thread which cropped up earlier today http://www.legalbeagles.info/forums/...ve-in-Scotland

Original post made at approx 11am, sorted by approx 4pm.

[bizzybob]

Re: Urgent Advice Needed-TV License,Magistrate Fine

As CleverClogs has said, this bailiff is stuffed, you could offer the court office an amount you can afford, but even if your parents were in England the twonk bailiff could not take their goods as that would be theft. Another Marstons LIAR.

[stuckinarut1985]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Thanks for the replies.
To answer you questions cleverclogs:-
No i didnt know about my prosecution or i would have attended court in person to at least put my point across. His name is Mark Scott, I just checked the certified bailiff register on the justice.gov site and he no longer seems to be on it. When i phoned earlier he refused to talk whilst being recorded and from then on i only conversed via text(which he threatened the same action). I had tried to cut them off at the pass when i was living in Reading by going to my local CAB but for want of a better word they were useless. I have had countless calls over the past 4months which i explained my financial predicament over and over. And since this morning i have had 3 calls and 2 texts.
Ploddertron:-Thank you very much for that thread link,I will call the Fines Officer tomorrow and follow the steps provided.
Also anyone know how i can put in an official complaint and try and get this numpty sacked or at least a tribunal of some sort?I dont understand how these companies can work for the court claiming to be enforcing the law while not working by the codes of practice outlined by it.
Thanks so much guys i feel loads better

[bluebottle]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Hi Stuckinarut,

The statutory provisions you mention in your initial post were confirmed by the High Court in the Judicial Review in the case of R -v- South Western Magistrates (on the application of Purnell), also known as the Purnell Case. This means it is binding on lower courts.

The bailiff has misrepresented their powers and is one in a string of such cases that have come onto the LB forums in the past 10 days. HMCTS do not take kindly to this sort of behaviour by contracted bailiffs. Threatening to seize third-party goods is not only strictly forbidden by the terms of the distress warrant it is also unlawful. Seizing or attempting to seize third-party goods is both unlawful and illegal.

This bailiff is seriously tempting fate and could lose their certificate if they continue to behave like a certain bodily orifice at the lower end of the human alimentary canal.

[stuckinarut1985]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Hey Guys,
Just wanted to update you on my situation:-
Tried repeatedly to get a hold of the Fines Officer today but was told they were in court,so i will try again tomorrow.
I text the bailiff(given up on calling)to request the claim/fine number and said i had tried to call the Fines Officer to discuss the matter and just wanted the additional information.
I then received this via text
"You havent spoken to the fines officer i was with her all morning at reading court.I have now supplied your new address to the court and recommended that a distress warrant be issued for bailiffs to recover the money in full.You had your chance to attend court and make a payment arrangement,that has now expired.warrant officer"
Perhaps buoyed with my new found knowledge/advice i sent this reply(Right or Wrong thing to do)
"Can you just send me the number i have requested on numerous occasions and stop with the threats of action. As you are well aware private bailiffs have no jurisdictional rights in Scotland,and if you continue on this course I will be forced to file a Form 4 complaint with you Mr Scott wherein your voicemails and texts will be used in evidence to show your flagrant disregard of the rules set out by the very courts you have been allowed to enforce for.See James v Proctor (1905) 13PMR 442.Good Day"
I have lost my temper over this now all i want is my file number so i can have all the information so when i speak to the Officer i can move forward.
Hopefully i havent exacerbated the situation further

[CleverClogs]

Re: Urgent Advice Needed-TV License,Magistrate Fine

He is naughty, isn't he?

Not only would it be rather difficult for bailiffs to recover the money in Scotland, it is especially bad for him to claim to be a Warrant Officer (employed by the court) when he is nothing of the sort !

Do not even try a Form 4 complaint, though, as he'll only see that as an opportunity to cripple you with legal costs. Besides, it shouldn't be necessary when his imprudent text has been sent to the address Brother bluebottle will probably post.

[bizzybob]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Yes that text is all you need to screw him over when you forward it to the fines officer

[CleverClogs]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Yes that text is all you need to screw him over when you forward it to the fines officer

Assuming, of course, that he hadn't been screwing the Fines Officer over her desk.

[bizzybob]

Re: Urgent Advice Needed-TV License,Magistrate Fine

[QUOTE=CleverClogs;406008]Assuming, of course, that he hadn't been screwing the Fines Officer over her desk. [/QUOTE how do we know he isn't ]:ymca:

[stuckinarut1985]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Haha thanks for the support guys!
Further further update
I just received a text with all the details i had requested...guess i must have scared him a little
But he also said i had a no bail arrest warrant which was supposedly issued end of last year,which i forgot to mention in my original post due to the fact that when he threatened me with arrest i phoned the police to see if the warrant actually existed. I was told not only was there no warrant for my arrest,the police also wouldnt be involved in such a matter as it was a civil case and not criminal.
I really hope there is a way to make this guy pay for the way he is going about his business. I can only imagine the tactics he would use if it was someone in a more vulnerable state than myself.

[bluebottle]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Hey Guys,
Just wanted to update you on my situation:-
Tried repeatedly to get a hold of the Fines Officer today but was told they were in court... That would be consistent with a Fines Officer's duties.

I text the bailiff(given up on calling)to request the claim/fine number and said I had tried to call the Fines Officer to discuss the matter and just wanted the additional information. I then received this via text - "You havent spoken to the fines officer i was with her all morning at Reading Court.I have now supplied your new address to the court and recommended that a distress warrant be issued for bailiffs to recover the money in full. You had your chance to attend court and make a payment arrangement. That has now expired.Warrant officer. If this came from the bailiff's mobile, he is in serious trouble. It is not down to the bailiff whether a warrant is issued. That is down to the Fines Officer acting in accordance with the Criminal Procedures Rules 2011 and other applicable legislation. To say this bailiff has crossed the line is an understatement. I'd like to see him try executing a warrant in Scotland. Police Scotland are likely to tell him to shove the warrant where the sun don't shine before dumping him just over the border in either Cumbria or Northumbria.

Perhaps buoyed with my new found knowledge/advice I sent this reply(Right or Wrong thing to do) - "Can you just send me the number i have requested on numerous occasions and stop with the threats of action. As you are well aware, private bailiffs have no jurisdictional rights in Scotland and if you continue on this course I will be forced to file a Form 4 complaint with you Mr Scott wherein your voicemails and texts will be used in evidence to show your flagrant disregard of the rules set out by the very courts you have been allowed to enforce for.See James v Proctor (1905) 13PMR 442.Good Day" A warning has been given to this idiot and if he disregards it, that's his lookout.
I have lost my temper over this now all I want is my file number so I can have all the information so when I speak to the Officer I can move forward. I wouldn't have though the Fines Officer will be too impressed that this idiot has impersonated a Crown Servant.
Hopefully I haven't exacerbated the situation further. Apart from pissing-off the bailiff, I doubt it. You're trying to sort things out and you really don't need some bailiff who appears to be trying desperately to scare the crap out of everyone and failing miserably texting you every five minutes. His behaviour is pathetic and not even anywhere as amusing as a Scary Movie sequel

Responses in red text.

If this bailiff crosses the line again, I would recommend escalating the matter to HMCTS Area Enforcement Team level. However, try and resolve matters at Court level first.

[bluebottle]

Re: Urgent Advice Needed-TV License,Magistrate Fine

Haha thanks for the support guys!
Further further update
I just received a text with all the details i had requested...guess i must have scared him a little
But he also said i had a no bail arrest warrant which was supposedly issued end of last year,which i forgot to mention in my original post due to the fact that when he threatened me with arrest i phoned the police to see if the warrant actually existed. I was told not only was there no warrant for my arrest,the police also wouldnt be involved in such a matter as it was a civil case and not criminal.
I really hope there is a way to make this guy pay for the way he is going about his business. I can only imagine the tactics he would use if it was someone in a more vulnerable state than myself.

Check with the court first thing tomorrow morning about what this bailiff has said in his texts. If what he has said turns out to be a pack of lies, I would be minded to draw this matter to the attention of HMCTS Criminal Enforcement before tackling Marston about the behaviour of their employee. HMCTS does not take kindly to this sort of behaviour as it has the potential to bring the courts and justice system into disrepute. The four companies under contract to HMCTS have a clause in their contracts making it clear any such behaviour will not be tolerated.

There are good and honest people who work for H.M. Courts and Tribunals Service and they really don't need the likes of this bailiff making their jobs more difficult than they are already or giving them a bad name.