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  • FIRST POST
    • Sn0wX
    • By Sn0wX 7th Oct 17, 8:54 PM
    • 4Posts
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    Sn0wX
    bailiffs parking fines - mental heath
    • #1
    • 7th Oct 17, 8:54 PM
    bailiffs parking fines - mental heath 7th Oct 17 at 8:54 PM
    Hello i am sorry if this has been asked before. Last year my speedo broke and in a week i got two fines for seeding. each time they sent me another womens fine enclosed with mine so i thought i could ignore it. Two £60 fines have now gone to £750.

    Since then i had a break down, over dose twice and cut my whole left arm up. Im not proud of it but i was in a bad place. My liver is damaged from 100 paracetomol. A balif called 3 weeks ago and asked for proof. I got my dr to write a letter about my mental health but they have not been back since.

    what are my rights? at the time of the fine my benifit had been stopped.by the time restarted was to late so was sent to marstons.

    I am on antipsychotics, with the mental health team. I cant afford it. I hardly leave the house with anxiety.

    What can i do... the stress is making me want to try to kill myself.
    Last edited by Sn0wX; 07-10-2017 at 8:56 PM.
Page 1
    • sourcrates
    • By sourcrates 7th Oct 17, 9:28 PM
    • 12,682 Posts
    • 12,027 Thanks
    sourcrates
    • #2
    • 7th Oct 17, 9:28 PM
    • #2
    • 7th Oct 17, 9:28 PM
    Hi,

    All I can say is it’s only money, not worth getting stressed out over.

    You don’t have any more or less rights than anyone else, try and come to a payment arrangement with them, maybe contact one of the debt charities, that’s what they are there for, get some advice on how to proceed.

    Everything is fixable.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • HairyHandofDartmoor
    • By HairyHandofDartmoor 7th Oct 17, 9:40 PM
    • 2,248 Posts
    • 10,847 Thanks
    HairyHandofDartmoor
    • #3
    • 7th Oct 17, 9:40 PM
    • #3
    • 7th Oct 17, 9:40 PM
    Ring the debt charity Step change and ask for their help.

    If you have to pay the debt then I'm sure you could come to an arrangement to pay in small monthly or weekly instalments that are affordable to you.

    Don't despair, there's always a way out of these situations
    My Diary http://forums.moneysavingexpert.com/showthread.php?t=5716867
    Debt in July 2017 = £58,766 DEBT FREE 31 October 2017
    NEW GOALS - Build an Emergency Fund & Loss of Income Fund
    Emergency Fund 1 = £818/Emergency Fund 2 = £203.76
    • Sn0wX
    • By Sn0wX 8th Oct 17, 5:07 PM
    • 4 Posts
    • 2 Thanks
    Sn0wX
    • #4
    • 8th Oct 17, 5:07 PM
    • #4
    • 8th Oct 17, 5:07 PM
    Hey thanks for the replys. im already with step change recently. Unfortunetly there response was dont let them in then they will have to go back court.

    I know it's only money but my mental health cant take it at the moment. im confused also why the balif has not returned 4 weeks ago.

    I read on the CAB citizensadvice .org.uk/ debt-and-money/action-your-creditor-can-take/bailiffs/complaining-about-bailiffs/vulnerable-people-treatment-by-bailiffs

    "Other people who could be considered vulnerable are people with mental health issues."

    I'm so ashamed how iv gone from being normal to breaking down. It's made me i volent, but that has supressed since on medication.Iv never been a violent person or ever hurt a women or child. I couldnt. Im just seriously worried if a balif turns up and i cant control myself.

    I want to get better bu this pressure is killing me. a speeding fine is now nearly 1k when im in debt only to the sum of 2kbefore.

    whatam i meant to do? i get £60 a week. i struggle to live on that
    • sourcrates
    • By sourcrates 8th Oct 17, 5:57 PM
    • 12,682 Posts
    • 12,027 Thanks
    sourcrates
    • #5
    • 8th Oct 17, 5:57 PM
    • #5
    • 8th Oct 17, 5:57 PM
    OP,

    phone National Debtline and they will advise you how to proceed.

    You can apply to the court for an instalment order.

    This will also suspend the bailiff action.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Herbie21
    • By Herbie21 9th Oct 17, 1:25 PM
    • 775 Posts
    • 983 Thanks
    Herbie21
    • #6
    • 9th Oct 17, 1:25 PM
    • #6
    • 9th Oct 17, 1:25 PM
    Last year my speedo broke and in a week i got two fines for seeding. Each time they sent me another womens fine enclosed with mine so i thought i could ignore it. Two £60 fines have now gone to £750.

    Since then i had a break down, over dose twice and cut my whole left arm up. Im not proud of it but i was in a bad place. My liver is damaged from 100 paracetomol.

    A balif called 3 weeks ago and asked for proof. I got my dr to write a letter about my mental health but they have not been back since.

    I am on antipsychotics, with the mental health team. I cant afford it. I hardly leave the house with anxiety.

    What can i do... the stress is making me want to try to kill myself.
    Originally posted by Sn0wX
    Snowy, I am so sorry to hear of your quite obvious vulnerability, and not knowing what is happening about these two fines will obviously be causing you a great deal of additional anxiety.

    In the first instance, I am assuming from your post that you had not responded to either summons. If so, that is another subject that can addressed shortly.

    As I understand it, you had a bailiff visit approx 3 weeks ago and following that visit, you contacted your doctor who wrote to Marston's on your behalf to outline your mental health difficulties.

    Do you know roughly when that letter would have been sent?

    Depending on the date of the letter, it may be that it has not as yet been dealt with.

    If the letter identifies mental health difficulties, then in all cases, the relevant account would be transferred to the companies Welfare Department to deal with. They may decide to manage the account within their department (which would mean that personal visits would cease and a sensible payment arrangement set up).

    Alternatively, it may be the case that consideration would be giving to returning both warrants back to the court. All bailiff fees would then be removed and a payment arrangement can be set up with the court direct.

    It may also be that the letter from your doctor may not have been dealt with unless a Letter of Authority from you had been included.

    I would not expect for another visit to take place.

    In the first instance, have you spoken with your doctor to ascertain whether or not he has received a response to his letter?
    • Sn0wX
    • By Sn0wX 9th Oct 17, 8:42 PM
    • 4 Posts
    • 2 Thanks
    Sn0wX
    • #7
    • 9th Oct 17, 8:42 PM
    • #7
    • 9th Oct 17, 8:42 PM
    Snowy, I am so sorry to hear of your quite obvious vulnerability, and not knowing what is happening about these two fines will obviously be causing you a great deal of additional anxiety.

    In the first instance, I am assuming from your post that you had not responded to either summons. If so, that is another subject that can addressed shortly.

    As I understand it, you had a bailiff visit approx 3 weeks ago and following that visit, you contacted your doctor who wrote to Marston's on your behalf to outline your mental health difficulties.

    Do you know roughly when that letter would have been sent?

    Depending on the date of the letter, it may be that it has not as yet been dealt with.

    If the letter identifies mental health difficulties, then in all cases, the relevant account would be transferred to the companies Welfare Department to deal with. They may decide to manage the account within their department (which would mean that personal visits would cease and a sensible payment arrangement set up).

    Alternatively, it may be the case that consideration would be giving to returning both warrants back to the court. All bailiff fees would then be removed and a payment arrangement can be set up with the court direct.

    It may also be that the letter from your doctor may not have been dealt with unless a Letter of Authority from you had been included.

    I would not expect for another visit to take place.

    In the first instance, have you spoken with your doctor to ascertain whether or not he has received a response to his letter?
    Originally posted by Herbie21
    Thank you for such a lovely reply. it's not easy telling strangers you havemental health. 2 months ago i was same as you lot then had a break down. As to your quesions.....

    1) i did not respond because inside both times was another ladies speeding fine. I thought i could use that as a defence. I was wrong.

    2) All the balif wanted was proof i am not working.IV got this evidence but like i say he has not returned for 4 weeks. Not even a phone call for the sick letter. I am at the doctors tomorrow soi will get them to write one.


    3) can marstons access my records and see ow bad i am? maybe why they have not returned?

    I have £60 a week, no assets other then my carpentry tools. I have a car stored away from my house as i need it to get to hospital weekly.

    is there a way i can ask for a rehearing at court? £60 fine now around £700 is just theft. It's my mums houseso can they search her room etc?
    • Herbie21
    • By Herbie21 10th Oct 17, 9:09 AM
    • 775 Posts
    • 983 Thanks
    Herbie21
    • #8
    • 10th Oct 17, 9:09 AM
    • #8
    • 10th Oct 17, 9:09 AM
    Thank you for such a lovely reply.

    1) i did not respond because inside both times was another ladies speeding fine. I thought i could use that as a defence. I was wrong.

    2) All the bailiff wanted was proof i am not working. I've got this evidence but like I say, he has not returned for 4 weeks. Not even a phone call for the sick letter. I am at the doctors tomorrow so will get them to write one.


    3) Can marstons access my records and see how bad i am? Maybe why they have not returned?

    4) I have £60 a week, no assets other then my carpentry tools.

    Is there a way I can ask for a rehearing at court? £60 fine now around £700 is just theft. It's my mums house so can they search her room etc?
    Originally posted by Sn0wX
    Thank you for your reply. From your initial post, I mistakenly thought that your doctor had sent a letter to outline your vulnerability. It is vitally important that you obtain a letter from him today.

    You...and not your doctor will need to sent a copy of his letter to Marston's. Send this with a covering letter outlining your financial circumstances. Your letter can be sent by email or post whichever is easier for you.

    It would be unusual for the enforcement agent himself to make a further visit to collect a copy of the letter. I would assume that following his visit, he placed a 'hold' on your account for a few weeks to allow a period of time for you to provide the necessary documentary evidence regarding your vulnerability.

    The reason why your courts fines are so high is twofold:

    It would seem that you had not responded to summonses. This would mean that you did not enter a plea (guilty or no guilty). Accordingly, you would not have benefited from a one third reduction in the fines for an early 'guilty' plea.

    Most importantly, both fines would have been set at a much higher level as you had failed to submit a Means Enquiry Form (MC100) to the court. The following page from my website outlines the importance of completing this form:

    http://bailiffadviceonline.co.uk/index/magistrate-court-fine/summons-and-means-enquiry-form

    With regards to your last query, (whether you can ask the court for a rehearing) the simple answer is yes, but this is something that cannot be done whilst the warrant is still with Marston's. If the warrants get returned back to the court, then such an application will be possible.
    • Herbie21
    • By Herbie21 12th Oct 17, 12:52 PM
    • 775 Posts
    • 983 Thanks
    Herbie21
    • #9
    • 12th Oct 17, 12:52 PM
    • #9
    • 12th Oct 17, 12:52 PM
    Any update?
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