Paid Marston Bailiff but Can I Appeal?

[julles44]

Morning,
The horrible event happened on Wednesday.
Two of Marstons bailiffs came into my shop asking for my daughter, who at the time was there with me.She got a fine from Southend court and had to send in the means paper within two weeks which she did but they said they had not recieved it so gave the fine over to Marstons £750 turnt into £1050.A van was registered in her name at my shop address which went through a red light and she failed to give the driver details.She had been depressed and didnt know how to deal with things at the time but did write into the court but she was given this fine and 6 points on her provisional licence. Can she appeal this?
The bailiffs said they wanted payment there and then or they will take goods to the value from my shop.I told them this is my shop and equipment not my daughters.There is nothing of my daughters in the shop.It is an ironing shop so its full of customers clothing.I have two vacumm tables and one boiler with two irons.They said they will take one of the tables.I insisted they cant take anything but they kept on harassing my daughter to pay or they will get their van and take the goods.I have a counter at the front of the shop and one of the bailiffs jumped over it and the other tried barging me out of the way.I called the police but they took ages to come and when they did the Bailiff said I pushed him first.They had a Distress warrant but when I looked at it it was not from the court it was thier own copy so I said this is not right it is supposed to be from the court but he said he doesnt even have to have that.My daughter was hysterical and tried talking to the fines officer but they wouldnt give her any time.The bailiff started picking things up and putting them on the counter frightening my daughter and even the police said you best pay the fine now or they will start taking things from the shop.
I was so frightened they was going to take my work equipment that I paid the fine for my daughter.On the paper it said I voluntarily paid which was not true as I argued for nearly two hours.
They were two big men and I am 5ft3".My daughter is 20yrs old.
I have requested the video footage and was hoping there is something I can do to appeal as their behaviour was intimidating and bullying towards my daughter.
Thanks for any suggestions
Julles

[Milo]

Re: Paid Marston Bailiff but Can I Appeal?

Most Marston Group bailiffs have small video cameras and this will should show the precise sequence of events.


In reality it is clear that the bailiffs would not have removed goods given that with such a large amount of fine the value of the goods (vacuum and table) would not have even covered the cost of a removal truck !!! The threat of removal was just that...a 'threat'.

Unfortunately the governments position is that debtors are failing to pay their criminal fines and failing also to address the final notice....the Further Steps Notice. Even if a debtor moves home HMCTS are of the opinion that they should have informed the court of the new address!!

If a debtor had not received a summons they are legally permitted to file a Statutory Declaration. From what you have stated above this will probably not be permitted given that your daughter had known of the summons and returned the Means Statement. However, she may encounter a problem given that the court will likely question her as to whether she received the Notice of Fine /Collection Order and if so, why she had not called the court to inform them that she had submitted the completed Means Enquiry. They will also ask her why she failed to respond to the Further Steps Notice.

She needs to mention her depression and if she was taking medication that would certainly assist her.

A Statutory Declaration would be the pathway to getting a refund (and most importantly as well...less points on your daughters licence).

[Sir Vere Brayne d'Emmidge]

Re: Paid Marston Bailiff but Can I Appeal?

Morning,
The horrible event happened on Wednesday.
Two of Marstons bailiffs came into my shop asking for my daughter, who at the time was there with me.She got a fine from Southend court and had to send in the means paper within two weeks which she did but they said they had not recieved it so gave the fine over to Marstons £750 turnt into £1050.A van was registered in her name at my shop address which went through a red light and she failed to give the driver details.She had been depressed and didnt know how to deal with things at the time but did write into the court but she was given this fine and 6 points on her provisional licence. Can she appeal this?
The bailiffs said they wanted payment there and then or they will take goods to the value from my shop.I told them this is my shop and equipment not my daughters.There is nothing of my daughters in the shop.It is an ironing shop so its full of customers clothing.I have two vacumm tables and one boiler with two irons.They said they will take one of the tables.I insisted they cant take anything but they kept on harassing my daughter to pay or they will get their van and take the goods.I have a counter at the front of the shop and one of the bailiffs jumped over it and the other tried barging me out of the way.I called the police but they took ages to come and when they did the Bailiff said I pushed him first.They had a Distress warrant but when I looked at it it was not from the court it was thier own copy so I said this is not right it is supposed to be from the court but he said he doesnt even have to have that.My daughter was hysterical and tried talking to the fines officer but they wouldnt give her any time.The bailiff started picking things up and putting them on the counter frightening my daughter and even the police said you best pay the fine now or they will start taking things from the shop.
I was so frightened they was going to take my work equipment that I paid the fine for my daughter.On the paper it said I voluntarily paid which was not true as I argued for nearly two hours.
They were two big men and I am 5ft3".My daughter is 20yrs old.
I have requested the video footage and was hoping there is something I can do to appeal as their behaviour was intimidating and bullying towards my daughter.
Thanks for any suggestions
Julles

You have to ask Marston for a copy of the footage of the visit from both the polevaulting monkeys that came to your place, it can be done with a form 28 relating to the DPA, I am sure that someone on this forum or the CAB can advise you on that one.

Once you have the footage please show it to a Police Officer who understands Distress law as it stands.

[wales01man]

Re: Paid Marston Bailiff but Can I Appeal?

Will they actually have the footage?

[bizzybob]

Re: Paid Marston Bailiff but Can I Appeal?

No doubt it will be "accidentally " lost, or the camera developed a fault. Do you have CCTV in your shop?

[wales01man]

Re: Paid Marston Bailiff but Can I Appeal?

BB What makes you think that???????

[bizzybob]

Re: Paid Marston Bailiff but Can I Appeal?

BB What makes you think that???????

Come come Wales, do you think the super ethical whiter than white marstons would have footage showing their bailiffs acting ultra vires?

[wales01man]

Re: Paid Marston Bailiff but Can I Appeal?

I would expect that if the film was available they would come up with some old Ballcocks to dent it Bailiffs and their companies have got away with to much for to long,