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WON! - parking fine underpayment by £20 - Marstons charges added of £250

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  • WON! - parking fine underpayment by £20 - Marstons charges added of £250

    Hi
    I really hope someone can help me with a urgent problem.
    I received a letter from Marston in June this year telling me that they had been asked to collect £127 plus their charges of £11.20 and vat of £2.24.
    I sent them a cheque in payment and asked them to send a receipt. I heard nothing further. The cheque was banked on 11th July.
    On 15th July I spoke to the council and they told me that the PCN had not been paid to Marston. I asked them to contact Marston as I had definitely paid them. I also emailed Marston again asking for a receipt. Again I had no reply. After this I just assumed Marston has informed the council it was paid and I forgot about it.

    On 29th October a bailiff called at my house and left a removal notice letter stating I owed £427.60. There was no breakdown of charges.
    I telephone the number on the letter and told the bailiff that I had paid this. He said that I had paid it but not the full amount and he was now chasing the remaining amount plus his fees.
    I immediately filed to the court a TE7 and TE9 stating that the ticket had been paid. I also wrote to Marston to ask them for a breakdown of the costs as I thought it was paid.
    I received a response on 9th December stating the following (they got the pcn number wrong as well in this letter)
    20/6/13 Balance £127.00
    21/6/13 Letter fee £11.20
    11/7/13 payment £120.00
    29/10/13 1st levy fee £28.00
    29/10/13 attendance to remove fee £175.00
    29/10/13 vat £42.84

    My request to file a witness statement was refused and I have now paid for a hearing which is this week.
    I have today received a witness statement of 28 pages from the council and details of the fees that I will have to pay them which are a total of £369.

    I am in a complete panic and really don't know what to do. I tried to pay this fine and made an administrative error which was not pointed our to me until 6 months later and now appear to owe Marston £264.04 and the council are claiming costs of £369.

    The reason I wanted a hearing was to show the judge that I had paid this with all good intention and didn't think the bailiff costs of £264 were fair. If Marston or the council had informed me at any time between July and October that there was an outstanding £20 I would have clearly paid it.

    Can any of you kind people please advise me. I'm really worried about this.
    Thanks,
    Tags: None

  • #2
    Re: Help Please parking fine underpayment by £20 - charges added of £250

    Unfortunately you are finding out the hard way how some of these people operate.

    When did you realise you had made a mistake?

    Comment


    • #3
      Re: Help Please parking fine underpayment by £20 - charges added of £250

      Which council is it?

      Comment


      • #4
        Re: Help Please parking fine underpayment by £20 - charges added of £250

        Thanks so much for your response.
        When the bailiff called in October I thought he had made a mistake. I checked that the payment had been cashed with the bank and then tt wasn't until the letter came from Marston on 9th December with a breakdown that I was able to see I had made a mistake.
        I'm really worried about the court. Do you have any advice please?

        Comment


        • #5
          Re: Help Please parking fine underpayment by £20 - charges added of £250

          It's Hammersmith and Fulham Council. They seem to think I'm going to court to claim money from them but in fact I'm just trying to pay them the remaining £8.80 and pay Marston the £11.20 letter fee. It is a complete error on my part but I cant believe that despite me asking them for a receipt and telling the council this was paid they did not get in touch to correct me.

          Comment


          • #6
            Re: Help Please parking fine underpayment by £20 - charges added of £250

            What sort of hearing did you apply for?

            Comment


            • #7
              Re: Help Please parking fine underpayment by £20 - charges added of £250

              It is the appeal from the rejected Stat Dec at a magistrates court. The council are charging me another £200 for their barrister to represent them there. I'm really not sure what to do. Any ideas?

              Comment


              • #8
                Re: Help Please parking fine underpayment by £20 - charges added of £250

                Did you apply for this before or after you found you had mis-paid?

                Comment


                • #9
                  Re: Help Please parking fine underpayment by £20 - charges added of £250

                  I did the stat dec before I knew that I had made a mistake on the amount and applied for the hearing after Marston had told me the cheque had been for the wrong amount. I honestly thought I would be allowed to pay the two small amounts and that a magistrate would see the fact that it was clearly a mistake.

                  Comment


                  • #10
                    Re: Help Please parking fine underpayment by £20 - charges added of £250

                    Realistically once you realised a mistake had been made you should have Vacated the Hearing whereby costs to the other parties should have been minimal. As it is so close to the Hearing this may now not be possible and in any case the other sides appear to be wanting their costs. I fear you may have to throw yourself at the Judges mercy and hope he either understands or is lenient. In mitigation you may be able to express the opinion that if the Bailiffs had been more active in responding to your requests this situation may never have arisen.

                    Of course I hope I am wrong but thought better you prepare yourself for a worst case scenario.

                    Comment


                    • #11
                      Re: Help Please parking fine underpayment by £20 - charges added of £250

                      It seems that you have a problem with a rogue trader. e.g. the car park company. Write to your MP and try to get the law that permits this evil extortion changed and put the rogues our of business. Otherwise contact Trading Standards although councils and those associated with them are often immune from prosecution. It is similar with the wheel-clamping rogues.

                      Comment


                      • #12
                        Re: Help Please parking fine underpayment by £20 - charges added of £250

                        Originally posted by geoffrey View Post
                        Write to your MP and try to get the law that permits this evil extortion changed and put the rogues our of business.
                        Or another interesting hobby would be to bail out the Atlantic Ocean using a teaspoon; you might find this would be easier to do.

                        Comment


                        • #13
                          Re: Help Please parking fine underpayment by £20 - charges added of £250

                          Originally posted by Charlie888 View Post
                          It's Hammersmith and Fulham Council.
                          Originally posted by Charlie888 View Post
                          It is the appeal from the rejected Stat Dec at a magistrates court. The council are charging me another £200 for their barrister to represent them there. I'm really not sure what to do. Any ideas?
                          I'd suggest that you tell the council that rather than trying to recover any fees from them, you had intended to appeal against the rejection of your Statutory Declaration, but that you had subsequently had second thoughts on the matter and wished to withdraw your appeal. Consequently, there would be no need for a barrister to represent them at court.

                          Find your local councillors and MP at https://www.writetothem.com
                          I believe your MP should be Andy Slaughter (Lab) email - slaughtera@parliament.uk Tel: 020 7219 4990

                          Some more contact details may be helpful:

                          Bi-borough Director of Law
                          Ms Tasnim Shawkat email - tasnim.shawkat@lbhf.gov.uk Tel: 020 8753 2700

                          Executive Director of Finance and Corporate Services
                          Ms Jane West email - jane.west@lbhf.gov.uk Tel: 020 8753 1900

                          Bi-Borough Chief Executive
                          Mr Nicholas Holgate email - nicholas.holgate@lbhf.gov.uk Tel: 020 8753 2000

                          Comment


                          • #14
                            Re: Help Please parking fine underpayment by £20 - charges added of £250

                            Thanks for your help guys. I will contact the council today but don't hold out much hope as its all extra revenue to them. Can Marston add fees of £250 for a levy (they gave my car reg on the form but it was just a letter not a levy form) and my car wasn't there when they called) on a debt of £8.80 plus £11.20 letter fee?
                            Are their charges supposed to relate to the amount being collected?
                            Their statement doesn't relate to my case at all it is pages of incorrect information about the actual pcn which I'm not questioning.

                            Sorry to ask again but I'm so worried. I don't have the money to pay any of these costs.

                            Comment


                            • #15
                              Re: Help Please parking fine underpayment by £20 - charges added of £250

                              Originally posted by Charlie888 View Post
                              Can Marston add fees of £250 for a levy (they gave my car reg on the form but it was just a letter not a levy form) and my car wasn't there when they called) on a debt of £8.80 plus £11.20 letter fee?
                              Yes, they can - but not lawfully!

                              The £250 is not just a levy fee - it would be a levy fee plus an "attendance to remove" fee or some such nonsense. It is nonsense because:
                              1. As the vehicle was not there at the time, it was a "constructive levy" which is irregular and hence invalid.
                              2. As the levy was invalid, no other fees associated with it should be applied.
                              3. The "attendance to remove" should not be applied at the same time as the alleged levy, as no opportunity had been given for payment to be made.


                              Are their charges supposed to relate to the amount being collected?
                              Yes, but those charges won't give them enough profit.

                              Comment

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