Marston been need help please

[Stevewevey]

Hi All

The basic story
i sold car to friend sent v5
he repaired car a few days later and sold it

car gets parking fine ...no tax at new owners adresse...
dvla say no v5 received from me ...i posted day after i sold it...

this goes on and on i speak with dvla and am told they will deal with it..

Today i have Marston here Bailiff
to start with our name was wrong on his paperwork...so he altered it at the door scribling the wrong leter out etc...it is still wrong tho..lol
at this point i said his paperwork is wrong with the name and return with correct. At this point i go to shut the door..he then puts his foot in door and forces my door open with his foot in my porch

his paperwork just lists our name a reference number rand a balance of £605 no breakdown of costs etc

he left the sheet with the wrong name on telling us he will return friday for full payment or remoove goods.

we rang his office they said we have to deal with him and yes we have to pay in full on friday.

Help apreciated

[CleverClogs]

Re: Marston been need help please

Did he damage the door?

What is/was the oaf's name?

Which council issued the ticket?

Read the site notes on Parking Offences - link - and follow the steps listed there.

[bluebottle]

Re: Marston been need help please

Hi All

The basic story
i sold car to friend sent v5
he repaired car a few days later and sold it

car gets parking fine ...no tax at new owners adresse...
dvla say no v5 received from me ...i posted day after i sold it...

this goes on and on i speak with dvla and am told they will deal with it..

Today i have Marston here Bailiff
to start with our name was wrong on his paperwork...so he altered it at the door scribling the wrong leter out etc...it is still wrong tho..lol
at this point i said his paperwork is wrong with the name and return with correct. At this point i go to shut the door..he then puts his foot in door and forces my door open with his foot in my porch

his paperwork just lists our name a reference number rand a balance of £605 no breakdown of costs etc

he left the sheet with the wrong name on telling us he will return friday for full payment or remoove goods.

we rang his office they said we have to deal with him and yes we have to pay in full on friday.

Help apreciated

Who is this numpty acting for, a local authority or H.M. Courts & Tribunals Service? If a local authority, he is in serious trouble and could be about to lose his certificate. A bailiff who has done what he has done and does not have lawful authority to do so is a liability and does not deserve to be entrusted with the trust a court has placed in them.

[Stevewevey]

Re: Marston been need help please

Did he damage the door?

What is/was the oaf's name?

Which council issued the ticket?

Read the site notes on Parking Offences - link - and follow the steps listed there.

Hi
He was acting on behalf of Swindon HMCTS also done a bit of research as is name was on the form ...he is NOT on the Certified Bailiff register

Also what should i do when he turns up friday i have looked about and basicly its doors windows shut and talk from letterbox ?

also i have tried calling the court but say its with marston now and have no details yet Marston head office say i deal with this guy,i have no break down of how it got from the £80 fine to the £605 he is demanding

[bluebottle]

Re: Marston been need help please

So let's get this straight. DVLA allege you didn't inform them of change of ownership, gain a conviction without even telling you about any hearing or proceedings and then Marstons get involved. Correct?

When is the first you knew this had gone to court? If you were totally unaware, the court should have recalled the distress warrant or, at the very least, suspended all enforcement action pending you swearing a Statutory Declaration before the court.

If there was an £80 fine and Marstons have got involved, the maximum they can charge is £300. So where do they get an extra £225 from?

One final thing, did you receive any reminders or a document called a Further Steps Notice (FSN) prior to the person from Marstons turning up for their audition for The Muppet Show?

[Stevewevey]

Re: Marston been need help please

Hi again i have just noticed on the bottom of the form where his name is it says (enforcement officer) does this make him a HCEO ? or is this Marston playing with words .
Ive done research and the rules for HCEO are different i think ....confused

[bluebottle]

Re: Marston been need help please

Hi again i have just noticed on the bottom of the form where his name is it says (enforcement officer) does this make him a HCEO ? or is this Marston playing with words .
Ive done research and the rules for HCEO are different i think ....confused

HCEOs do not enforce magistrates court fines. That is left to certificated bailiffs. The term "enforcement officer" is used, IMO, to confuse and mislead. I think you can safely say it is Marstons playing on words. Could you answer the questions I asked in my last post, please? I note that HMCTS Wiltshire is involved.

[Stevewevey]

Re: Marston been need help please

Hi
thx for replies etc
basically i sold a car to a friend who fixed it up and re sold it using the green slip u keep as a new owner, and yes dvla say i never sent the v5 off but i did ...not sure what happened there........however i think the car got a parking ticket after my mate sold it on ...i called dvla (all this was about 2 years ago) and explained i didnt own car etc however the person i spoke to said they would sort it out etc
My friend then had to apply for a new v5 as he sold it and had to have it for new owner etc i had to also fill it in for him to say he was the owner, that was now during this ticket being issued....not me (are u getting this lol )

[Stevewevey]

Re: Marston been need help please

HMCTS swindon it says i have scanned this on to my pc i can send a copy to u ? also i done a check on his name he is not on the JUSTICE certified bailiff register

[Stevewevey]

Re: Marston been need help please

Hi again i have just noticed on the bottom of the form where his name is it says (enforcement officer) does this make him a HCEO ? or is this Marston playing with words .
Ive done research and the rules for HCEO are different i think ....confused

[bluebottle]

Re: Marston been need help please

Thanks for that, Steve.

Okay, PCNs are a decriminalised local authority matter and the magistrates courts do not get involved. The matter of DVLA and them claiming you didn't send them the relevant part of the V5C is a matter than can end up in the magistrates courts which would explain Marstons involvement. If you have not received any notification of any proceedings, then DVLA have done their usual which is to break the law and obtain default conviction. The bottom line is that a conviction obtained in that way cannot stand as your rights under Article 6 of the European Convention on Human Rights have been breached and to allow it to stand would put DVLA in breach of Section 6, Human Rights Act 1998. Notwithstanding, HMCTS is required to send you notification of any fine you have had imposed on you by a court, send you a reminder and a Further Steps Notice if you do not pay the fine before issuing a distress warrant and involving the likes of Marstons.

Should the court be telling you they cannot do anything once it is with Marstons? By the sound of it, not in your case. If you knew nothing of any proceedings, they should recall the warrant or suspend it and call you in to swear a Statutory Declaration in order to set aside (cancel) the conviction. As Swindon magistrates court appears to have decided to do their own version of The Muppet Show, it will need to be escalated to the Area Enforcement Team, which is at a higher level. For your area, the Area Enforcement Team is based at Poole, in Dorset.

You will need to send them an email as follows -

In the subject box put "For the attn. of Senior Enforcement Manager or Service Delivery Manager";

At the head of the email put the following details -

• Your Full Name
• Your Current Address
• Your Date of Birth
• Court Reference

Explain what has happened as concisely as possible and provide contact telephone numbers.

Send the email to do-pooleenforcement@hmcts.gsi.gov.uk.

If you have to telephone, the number is 01202 711880.

Hope this helps.