Marstons and PCN

[scoobyra]

Firstly, hello - this is my first time on this forum.

I have a Bailiff issue with Marston following a PCN which went from £95 to £339 following a bailiff visit - even though I'd contacted them to arrange payment.

Cutting a long story short, I appealed the PCN via an out of time witness statement to suspend the enforcement. Unfortunately, my appeal was rejected.

I called Marstons this evening to ask if they have been advised to proceed and what the balance was. They said I had to pay £339. When I said that this was wrong, quoting the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993, the call operator got very shirty and said that it had to be paid. She said I had to contact the bailiff, a Mr Hampton as he was the person collecting the debt and refused to take any other amount except the £339. Again, I quoted the regulations stating that no walking possession was made and that I did not agree to the charges and she said that they attended the property (a c/o address which is my fathers and not where I live. The bailiff was also told I didn't live there and my father didn't know where I was) and they were entitled to their fee as agreed with the council.

Can you please advise me of my next course of action as I feel they are not going to go away.

Thanks in advance.

[ploddertom]

Re: Martsons and PCN

On what basis did you file your Out of Time & what were the reasons it was rejected? How old is the Warrant?

[scoobyra]

Re: Martsons and PCN

That I hadn't received the information from the council. They showed that I had so the court was right to reject it. Warrant issued on the 23/9/13.

The bailiff hasn't been able to levy against anything but is charging me for a visit

[CleverClogs]

Re: Martsons and PCN

The bailiff hasn't been able to levy against anything but is overcharging me for a visit

I've fixed your post for you. :grin:

Which council is it?

[scoobyra]

Re: Martsons and PCN

Nice one - Thank you. Winchester City Council

I really don't need the stress of it. I've tried paying the council but they won't accept payment. I recorded my call to Marston this evening - very rude woman on the phone!

[ploddertom]

Re: Martsons and PCN

Well that's normal the Council not accepting payment. From their point the originl ticket was issued and you should have had another 4/5 letters etc from them. Bailiffs in these matters are a last resort. By reading the small print you may find that they can charge for a visit to you.

You say you had not received anything about this but the Council proved otherwise and that was why your OOT was refused. Is it possible you can expand on this as it may be that they could press further charges for Perjury if you knowingly did it, which carries a jail sentence.

[scoobyra]

Re: Martsons and PCN

I'm definitely to blame - I was trying to appeal the PCN on grounds that the signs weren't clear.

I have no problem paying the PCN, just not the bailiff fees especially under the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

[ploddertom]

Re: Martsons and PCN

Have you had a breakdown of the Bailiffs fees? If so can you list them complete with dates.

[scoobyra]

Re: Martsons and PCN

No, I've yet to meet the bailiff as he went to my dads.....where my car is registered but I don't live.

I had a letter initially saying they wanted £95 which at the time, I couldn't pay. I did call them to say I'd pay it if they gave me some time. It's now escalated to £339 which I'm guessing is covered in this:

Credit card handling charge	Up to 3% incl. VAT
Debit card handling charge	Up to £1.00 incl. VAT
Tracing	Up to £40.00
Attendance to remove goods (ATR)	Up to £175.00
Removal of vehicle (up to and including large van)	Up to £195.00
Removal of vehicle (heavy goods vehicle)	Up to £195.00
Goods removed/Aborted removal	Up to £195.00
Storage of vehicle (per day)	£20.00

[ploddertom]

Re: Martsons and PCN

That's taken from Marston's website. Have you send them something similar to Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

You say the car is registered at 1 address but you live at another. If so and that was in existence at the time why didn't you apply for the OOT as being an incorrect address? The Bailiff can only enforce and seize your goods and not those of your parent. The warrant should have been returned for a change of address.

[scoobyra]

Re: Martsons and PCN

Its a c/o address, which the council are aware of for correspondence since I sold my house. The car is registered to the c/o address too

[CleverClogs]

Re: Martsons and PCN

That's taken from Marston's website.

Yes. Aren't they brazen about their antics?

Credit card handling charge	Up to 3% incl. VAT
Debit card handling charge	Up to £1.00 incl. VAT
Tracing	Up to £40.00

Not one of those fees may lawfully be charged.

[CleverClogs]

Re: Martsons and PCN

I've tried paying the council but they won't accept payment.

That is because you have been dealing with the usual minions, who are rarely above Delta-minus semi-morons.

Only Beta types (or Alphas, if present) can give one a sensible answer without having to follow a script.

I recorded my call to Marston this evening - very rude woman on the phone!

I believe they select guttersnipes and then train them to be worse.

Winchester City Council

Again, not immediately known to http://www.ceoemail.com, though it soon will be...

[scoobyra]

Re: Martsons and PCN

Marstons office refused to deal with me, or discuss charges. They told me I had to speak directly to the enforcement officer..... do I send the letter to him, or their head office?

[ploddertom]

Re: Martsons and PCN

Until you know exactly what you have been charged for it would be very difficult to challenge. If you are not prepared to ask for this then in my opinion any action they take would be hard to defend against. It is plainly insufficient just to say you disagree with the charges when you have no idea of what they have actually charged for. Sounds to me as if you are being economical with your responses, there is no one size fits all as each has to be treated on its own merits.