Distress Warrant

[ddavison]

I have today had a visit from Marstons enforcement officer for an outstanding speeding fine for my son who is currently not residing with me.
The speeding fine was £75, and the debt currently stands at over £800 plus the cost of todays visit.

Apart from the initial speeding ticket, we have had no correspondance from the courts of the officer.
My son has no assets and is currently unemployed.

Where do I stand concerning the horrendous fine?

Thanks

[CleverClogs]

Re: Distress Warrant

I have today had a visit from Marstons enforcement officer for an outstanding speeding fine for my son who is currently not residing with me.

Did the oaf force his/her way into your house?

The speeding fine was £75, and the debt currently stands at over £800 plus the cost of todays visit.

It would be most interesting to know how they have ramped up the fees to that extent.

Apart from the initial speeding ticket, we have had no correspondance from the courts of the officer.

That seems to be commonplace.

My son has no assets and is currently unemployed.

Then the Court will have difficulty enforcing the fine.

Where do I stand concerning the horrendous fine?

It has nothing to do with you and the Msrstons moron cannot legally seize any of your goods or force you to pay.

[bluebottle]

Re: Distress Warrant

Firstly, where in the UK is this, please? Secondly, if no correspondence has been received from the court, i.e. summons, fine notice, Further Steps Notice, the moron, sorry, bailiff, could be treading on unsafe ground, legally. There has been a Judicial Review (JR) which has confirmed that if a person's means have not been examined, a fine cannot be imposed or enforced. Thirdly, the most Marston are allowed to charge, in addition to the fine, is £300. I would certainly like to know how the bailiff makes it £800. Fourthly, the bailiff cannot enforce the fine against you as you are not the fine defaulter. Do you have the name of the bailiff, by any chance?

[CleverClogs]

Re: Distress Warrant

Do you have the name of the bailiff, by any chance?

Boadicea?

[bluebottle]

Re: Distress Warrant

Boadicea?

Er, doubtful, CC.

[ddavison]

Re: Distress Warrant

The fine went up because according to Marstons of the outstanding fine not being paid. I am not sure how this cost has broken down as he would not give me any details. The Enforcement Officer was nice enough and after a conversation on my door step he left. He has left a forceful message on my sons mobile phone to which my son will not take any calls from them to discuss this. At the time my son had a job driving around the country and we think the offence may have happened in Bradford. We live in South Wales.

In terms of where I stand next? Should I ask for a break down from Marstons and ask them to send it via email so there is no address given? Should I try and contact the courts instead and not go through Marstons? With regards to a Distress Warrant can my son be arrested and also if he has no assets or job can I apply for the fees to be reduced. In the discussion with Marstons yesterday he mentioned that the outstanding debt was currently £850 plus his fee for yesterdays visit so i anticipate that the debt probably now stands at about £1000.

Thank you

[bluebottle]

Re: Distress Warrant

The fine went up because of the outstanding fine not being paid. After a certain amount of time, the courts increase the payment fine until it hit this price.
I'm sure the price has gone up since, because the enforcement officers have callout charges.

He couldn't force his way into the house because there was no evidence to suggest that he lived here. If there was any evidence, he's legally allowed to force entry because he works on behalf of the government (equipped with a warrant), as opposed to working for a private company.

In terms of where I stand next, I meant as in what were to happen if he were caught on an arrest warrant with no assets and no job, because he would have no way to pay the fine. Would it resort to prison, community service, or anything like that?

Thanks

Can you tell us who told you what you have posted in your post, please? Something doesn't sound right. Was it Marstons who fed you what sounds like total bovine excrement?

[ddavison]

Re: Distress Warrant

Post updated/edited.

[bluebottle]

Re: Distress Warrant

Now we are beginning to see we have what sounds like a bent bailiff on the loose in South Wales. From what you have said, the bailiff is talking out of a certain bodily orifice at the lowermost point of his alimentary canal. It is also known as Lower Gastro-Intestinal Ventriloquism. Its more common term is "Talking Out of One's Backside".

The most Marstons can add to an unpaid fine is £300 maximum, regardless of how many times they visit. They know that, but they seem to be under the impression that you don't and they can get away with it. The most he can ask your son to pay is £375. He needs to explain where he gets another £475 from.

You need to find out which court imposed the fine and issued the Distress Warrant, then contact the Fines Officer and ask to speak to the Senior Enforcement Manager (SEM) for that area. I have a list of telephone numbers of SEMs, courtesy of HM Courts & Tribunals Service (HMCTS). Once you know which court, post up and I will post up the telephone number. Also, please bear in mind that this matter may need to be referred to senior management at HMCTS.

[CleverClogs]

Re: Distress Warrant

a bent bailiff

You do like tautology, don't you?

[bluebottle]

Re: Distress Warrant

It's the way the words "bent bailiff" roll off the tongue, CC. From what the OP has said, "bent" is the most appropriate word. The bailiff is trying to charge fees he and Marstons know they are not permitted to charge. Anyone who does something like that can only be described as bent.

[CleverClogs]

Re: Distress Warrant

It's the way the words "bent bailiff" roll off the tongue, CC.

More than "fraudulent f*ckwit" or "shonky sh-hit"? msl:

[bluebottle]

Re: Distress Warrant

More than "fraudulent f*ckwit" or "shonky sh-hit"? msl:

Something like that, CC. msl: