Marston Group - bayliff's came re PCN Fine?

FedupofDebt_2

Hi,
Am desperately needing some advice on behalf of my brother.
A couple of weeks ago there was a Bayliff turned up at my mum's house looking for my brother - he doesn't live there anymore, and was working away at the time anyway. Mum told this guy that he was working away in Scotland, and wouldn't be back for a few days. The guy said for my brother to phone him, left a letter with details of the charges, and said if he didn't hear from him, he'd be back at the weekend to remove goods.
The letter was on their headed notepaper, stating PCN Fine £385, Admin Charge £75, Attendance Fee £200!?!
Anyhow, my brother phoned him and said he was working away, told him he didn't live at mums, and that he would pay the fine, but couldn't pay all at once, but would pay in installments.
The guy didn't turn up at the weekend, but has just turned up again this morning, mum didn't open the door this time, but the guy has left a letter saying basically it's a Distress Warrant issued by the court, as my brother has willingly tried to evade payment?! and if my brother didn't contact him with full payment, then he would return with the locksmiths and would gain entry and remove goods to the value of the £600+.
Mum has just rang me in tears, we've spoken to my brother, who has tried to contact this guy on a few occasions, but got no reply. Has however, managed to speak to him a short while ago and again reitterated he doesn't live there, gave him his address, and again told him he is working away for the next 2 weeks, and that he isn't trying to avoid payment, but he can't pay all at once, and would like to pay in installments.

Now can I add that he doesn't know anything about this PCN fine, and we can't find any paperwork relating to it. If I phoned these people, would they be able to tell us when the fine was issued, for which borough etc, and provide us copies of the papers issued? As I don't believe we should pay anything without actual proof that he owes it...that doesn't make sense. Then if we have that, is there anyway to have the £200 charge removed? That just seems madness. I was wondering if ringing them up and paying the £385 today would make them go away, but then I think, well why should I, when I don't know for sure he owe's it....

Any help greatly appreciated.

Thanks
x

Tixy

Hi

Did you mother let the bailiff in the first time?
There are very specific charges that they are allowed to add and anything above that is illegal. Suggest you have a look here to see if it might help - http://www.bailiffadviceonline.co.uk/parking.htm

He should have got a notice to owner through the post (even if the actual parking notice on the car was removed /blew off etc so he didn't know about it).

FedupofDebt_2

He's got nothing through the post, I've asked him, and no mum didn't let him in, just opened the door.
I've just been on the consumer action group site as well, and apparantly we can issue a statutory declaration, as it's never been received...
Still not happy / going to pay something when there is no paperwork to prove otherwise, that's like some randon person knocking on my door and demaning £500?! Not gonna happen.

If it turns out it his though, will we be able to pay the court or whoever issued in the first place, or will we have to pay the extorinate charges from these Marston bullies?

hippyadam

First of all DON'T PANIC!

Its standard practice for them to claim they are coming back to seize goods etc, but seeing as they can not force entry to residential premises they have not already gained peaceful admittance to this is just an idle threat.

Best bet is to write to marstons (don't call you need physical proof) and advise them that your brother does not live at the address. With data protection as it is they are unlikely to be able to tell you anything constructive anyway so calling them probably won't help.

If they turn up again tell your mum under no circumstances is she to admit them to the property. If she feels threatened or intimidated to ask them to leave. If they don't or they do attempt to force entry call the cops.

Simples. (providing of course your bro does not actually reside at the address)

d123

hippyadam wrote: »

First of all DON'T PANIC!

Its standard practice for them to claim they are coming back to seize goods etc, but seeing as they can not force entry to residential premises they have not already gained peaceful admittance to this is just an idle threat.

Best bet is to write to marstons (don't call you need physical proof) and advise them that your brother does not live at the address. With data protection as it is they are unlikely to be able to tell you anything constructive anyway so calling them probably won't help.

If they turn up again tell your mum under no circumstances is she to admit them to the property. If she feels threatened or intimidated to ask them to leave. If they don't or they do attempt to force entry call the cops.

Simples. (providing of course your bro does not actually reside at the address)

Good advice, but I would actually say as your mother is an elderly woman if she feels threatened or intimidated by them she should immediately phone the police to attend. These people use threats and intimidation to get their way, and they will lie and cheat if they feel the need.

FedupofDebt_2

Thanks
No, he doesn't live there, neither do I, but we both live close enough to her. My sister lives at home still, with mum, and my dad died last year, so all this isn't helping her state of mind - not that they care really, they just want their money.
I've told her not to answer the door, but it's bad when you feel so intimidated that you are scared to answer your door OK, I don't know if writing to them will help now, as my bro has spoken to the bayliff in question on the phone, and they've agreed to back off until he gets back from his work in 2 weeks.
I don't know if there is anymore we can do in that time.
Just have to wait and see I guess, but I'd rather deal with it for him if possible, cause him and mum are both soft and pay up when asked! without questioning whether it's their to begin with, I dont do that, hence why I'm on here, trying to get answers, lol.
Thanks again,

RAS

Please contact the bailiffadviceline for help re this.

I suspect your brother will be able to issue and Out iof Time Notice and get this sorted out, but he really need to get a move on.

FedupofDebt_2

Yeah I've spoken to Sheila there already, she's sending me a template to complete (well him to complete)
I know he needs to sort it PDQ but it's a bit hard to do when he's up in Scotland and I'm down in Cambs, he not home for 2 weeks, and I doubt I can submit this paperwork on his behalf.

FedupofDebt_2

Update : Bayliff meant to be coming out on Saturday to brothers house, only he doesn't have the money to pay in full. Has offered installments, but the guy said No, and if he doesnt' pay, will take things. Brother worried as all his tools for work are in his garage, and if he takes these (worth a fair bit) then he's stuffed for working.
We think we know what the fine relates to now - he was thinking back and the only thing he can think of happened almost 8 months ago, he was followed by an unmarked police car down the parkway,clocked him, so didn't do anything silly, gets over to where mum lives (this is all in the early hours of the morning) and all of a sudden about 4 policce cars and a police van block him in, all jump out, one cop takes his keys out of the ignition and tells him to stay where he is, the plain clothes one said he'd followed him down the parkway and he was speeding, bro said he saw him, and wasn't speeding they make him empty the back of his van which is all full of tools, quiz him loads, say a white tansit van fitting that description was identified at the scene of a robbery blah blah, well brother turns around and says "but this isn't a transit van mate"...so then he thinks they had to get something on him for all the hassle and police they'd called out, so checked details and turns out bro had had his insurance cancelled the month previous, (without being notified by the insurers) so they did him for that - we think! All a big mess. I'm not sure if he can lodge a police harrassment case...or what we will do about this bayliff on Saturday

Ideas anyone?

bargainbetty

Has your brother asked for evidence of the debt yet? Ask for full details of the PCN before he pays anything, just in case. There is a prove it letter ont eh site that he can use.

Stipulate in it that your mother's address is NOT his home address, and none of his possessions are stored there. Their implied right of access to both properties is revoked, unless and until all relevant information is provided to enable his to assess their claim that he owes money, but at this time he does not acknowledge any debt to them.

Get them to prove it first, then offer them payments in writing - refuse to deal with them on the phone at all. All communication must be in writing (email or post, recorded delivery). Keep all records, and it will buy him some time to sort out his finances.

This has nothing to do with a police harassment case. If he was issued a fine and failed to pay it, it is his fault. If the insurers cancelled his insurance without notifying him, he could ask them to cover the cost of the original fine (they probably won't, but he could ask). If he wasn't issued a fine and the baliffs have the wrong person, it is their fault. He has no claim against the police whatsoever.

Good luck

RAS

Please get this message across to your mum.

The bailiff can only enter the property (including the garage) if she lets them in. That includes unlocked doors and windows, so she needs everything under lock and key.