Marstons fees for enforcing magistrates fine

[kitkat2014]

Hi everyone,

I'm hoping someone can help with my situation - I've looked at a lot of past threads but can't find anything that quite answers my questions.

I've just received a letter from Marstons saying that they are in possession of a court order as a consequence of non payment of a fine. The letter gives no details whatsoever about the fine other than name of court and amount of fine.

After a lot of digging it appears this fine relates to keeping a vehicle without a valid tax disc around 7 years ago. I remember this as I had my car impounded but had to pay money at the time and got my car back and taxed it etc, thinking it was all sorted. I paid a fine which I thought was for the tax but from reading around and speaking to the car pound, i realise now i would have paid a PCN for a parking ticket. Apparently after this I was sent a fine for not having a tax disc and then a court summons for not paying the fine, however this was sent to the wrong address as I'm assuming I'd not updated my log book. I'm kicking myself for not having kept my log book up to date but I was young and stupid...

I can't understand why it has taken so long for anyone to write to me about this - I've never received anything from the courts snd then this bailiff letter turns up out of the blue?

Anyway, I am now faced with £300 worth of bailiffs charges on top of the original fine - I'm happy to pay the original fine bcos I can see that it was fair but I'm wondering where I stand with the bailiffs charges.

Marstons took the case from the courts in May 2013 at which time i was living at my current address and on the electoral roll with plenty of links to my current address on my credit file etc. However Marstons are saying they sent a letter to an address that I haven't lived at since 2010, they sent this in June 2013. They said they then visited the same address in Jan 2014 and I'm assuming they are going to try and charge me for that visit - can i argue that i have no proof they visited and that they should have bothered to check where I was living, given that they didn't have a response to the letter that they sent in June 2013? How difficult would it have been for them to check the electoral roll or run a credit check? To be honest I don't believe that they did attend that property as I am friends with the landlord who would have told me if bailiffs had visited.

The other thing is that when they made the visit to the property, it wasn't within the 180 days since they got the court order so would that make any difference? Likewise, it is way over the 180 days now if they were to visit.

Finally Marstons themselves have the completely wrong car registration on their file for the offence, I guess that doesn't really change anything but it doesn't give me any confidence in the system!

My current situation is that they have sent one letter and gave me 7 days to pay or i would have a bailiff visit - unfortunately the letter went in someone else's mailbox so I didn't even open the letter until the 7 days had passed and they haven't sent the bailiffs yet! When I rang them they were quite amicable and agreed to put any further action on hold while I figure out what is going on. They don't seem to be in any rush to do anything, they offered me a payment plan without me even asking so I'm wondering if it's all a bit dodgy and they are not acting within the regulations?

Any advice would be greatly appreciated. I'm not in the habit of shirking my responsibilities and so will pay what I owe but I'm not going to pay unreasonable costs to a bailiff if I can avoid it!

Many thanks

KK

[ploddertom]

Re: Marstons fees for enforcing magistrates fine

If you had no knowledge of the fine because you had moved address then you have 21 days since becoming awre of it in which to contact the Court to file a Statutory Demand to this effect. If accepted this may mean the Court may rehear the case and Mr Bailiff along with his charges is history.

If you now live a long way from the sentencing Court you should also ask them if you can do this at a Court local to you. As time is of the essence you must take action ASAP.

[kitkat2014]

Re: Marstons fees for enforcing magistrates fine

Thanks for your quick response ploddertom. If i file the statutory demand will this ensure the bailiffs take no further action while the court decides on it's response? I don't want them to visit or for me to incur any more fees.

How do courts generally respond to statutory demands? What would happen if the court rehears the case, are there any risks to me? Could i be penalised because the reason i didn't get notification of the fine initially was because I'd failed to keep my log book up to date?

Many thanks
KK

[ploddertom]

Re: Marstons fees for enforcing magistrates fine

Thanks for your quick response ploddertom. If i file the statutory demand will this ensure the bailiffs take no further action while the court decides on it's response? I don't want them to visit or for me to incur any more fees. The Court will inform Marstons the SDS has been accepted and withdraw the Warrant - no visits , no fees, current fees withdrawn.

How do courts generally respond to statutory demands? Providing you are absolutely sure you know nothing about it they will accept but be warned if it turns out otherwise then Perjury is a possibility. What would happen if the court rehears the case, are there any risks to me? It would be as if it was the first Hearing & you plead Guilty or Not Guilty. Could i be penalised because the reason i didn't get notification of the fine initially was because I'd failed to keep my log book up to date? Well that's what it is about in the first place is it not but see below.

Many thanks
KK

DVLA have form for losing post sent to them and try to blame it on the sender. If you sent it then it is for them to prove they didn't receive it and this is made harder for them if you have proof of posting.

[kitkat2014]

Re: Marstons fees for enforcing magistrates fine

Hi ploddertom, please see my responses / additional comments in blue below:

Originally Posted by kitkat2014
Thanks for your quick response ploddertom. If i file the statutory demand will this ensure the bailiffs take no further action while the court decides on it's response? I don't want them to visit or for me to incur any more fees. The Court will inform Marstons the SDS has been accepted and withdraw the Warrant - no visits , no fees, current fees withdrawn.

But what about in the interim, until the court has accepted the SDS?

How do courts generally respond to statutory demands? Providing you are absolutely sure you know nothing about it they will accept but be warned if it turns out otherwise then Perjury is a possibility.

I absolutely knew nothing of the fine or the court appearance. I knew that I had failed to tax my vehicle but i thought that the vehicle being impounded and the amount i had to pay to release it was the punishment, I didn't realise there would be an additional fine. Does this count?

What would happen if the court rehears the case, are there any risks to me? It would be as if it was the first Hearing & you plead Guilty or Not Guilty.

• Could i be penalised because the reason i didn't get notification of the fine initially was because I'd failed to keep my log book up to date? Well that's what it is about in the first place is it not but see below. I'm not sure what you're saying here - the fine was for not having my car taxed, not about failing to update my log book - could they throw that at me aswell?

I don't have any proof of posting for sending off my log book a) becasue it was 7 years ago and b) because i can't even remember whether I did or not?

Can anyone shed light on the questions around the fees - if I didn't go down the statutory demand route, would I have grounds to offer to pay the fine to Marstons and the £85 for the case being passed to them, but dispute the £215 charge for visiting the wrong property?

MAny thanks
KK

[kitkat2014]

Re: Marstons fees for enforcing magistrates fine

Also ploddertom, did you mean a statutory declaration rather than demand? Can I just use the template in this forum?

Many thanks
KK

[ploddertom]

Re: Marstons fees for enforcing magistrates fine

Also ploddertom, did you mean a statutory declaration rather than demand? Can I just use the template in this forum?

Many thanks
KK

Yes, no don't use the template here contact the Court. Ask for the Court Manager or Fines Officer.

[ploddertom]

Re: Marstons fees for enforcing magistrates fine


But what about in the interim, until the court has accepted the SDS? The longer you dither the more chance they will turn up. Usually once advised you are doing a Stat Dec they will leave you alone.


I absolutely knew nothing of the fine or the court appearance. That is what you are doing the Stat Dec for. I knew that I had failed to tax my vehicle but i thought that the vehicle being impounded and the amount i had to pay to release it was the punishment, I didn't realise there would be an additional fine. Does this count? That is part of your argument

I'm not sure what you're saying here - the fine was for not having my car taxed, not about failing to update my log book - could they throw that at me aswell? No because that would be a different offence

Part of your defence would be that you remeber send the V5 off but after 7 years do not have the paperwork to prove it. Providing your Stat Dec is accepted and there is no reason I see why it would not be then everything reverts back to the beginning. The Magistrates can even decide that as it so long ago it may not be in their interests to pursue it any more.

Once the Stat Dec is accepted there are no Bailiff Fees & even if they decided to rehear it then I'm sure the fine will be a lot lower than what Marstons are asking you for now.

[kitkat2014]

Re: Marstons fees for enforcing magistrates fine

Thanks very much Ploddertom, that all makes sense. I've spoken to the court and will get on and make the appointment with the prosecuting court straight away.

Thanks for all your help, it's much appreciated.

KK

[ploddertom]

Re: Marstons fees for enforcing magistrates fine

Please keep us updated with progress.