Marston Enforcement Agent- need help urgently!!

u_o_me

Hi there,

Earlier in the year I was hit with 2 x parking fines by Westminster Council.
I disputed both but it went to PATAS who ruled in the Council's favour. The debt was passed to Marston who wanted me to pay the £554 bill in one go, rather than accept my offer of a payment plan.
Marston's first letter was to tell me to pay all or risk having an agent visit me.
My response was:

"I refer to your letter dated 26/09/14 (attached) in which you state that £554.00 is payable in full within 14 days or an enforcement agent will call.

Please be aware that I am not too concerned by your threats or the strong nature of your letter. I am fully aware of what you can or cannot do and I am also aware that your agents can do nothing if I refuse to answer the door.
Also, you cannot force entry into my property without a Magistrates’ Court order.

Please be advised that I will only communicate with you in writing or email from now. I have noted all text messages to my work mobile as well as calls.
Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with yourselves.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).
Therefore, take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I have not said I will not pay but that I need to set up a payment plan that is affordable to ME and on my terms, not YOURS. I also know that this debt is not a priority debt and if the Court requests an income and expenditure form, I can show that my disposable income after my priority debts is around £20 per month.
So, either you can accept £20 per month if this goes to the Courts or, you can settle this amicably (it is worth your while more than it is mine) and come to an affordable agreement

They responded today to say that they are enforcing a warrant of control under the Tribunals, Courts & Enforcement Act 2007.
They said their agent has a legal right to enter the premises and take control of goods.

I called them today and the customer service imbecile said she could not help or pass to a supervisor. I asked to see what Court order there was or which Court they had talked to but she couldn't tell me anything.

My queries:

• Can they do this? They declined my offer of payment
• Can they break in?
• To break in or even visit, what proof/docs must they show?
• I am at work 6 out of 7 days a week, so what can I do or advise my family do if these thugs come round?
• What should my nxt steps be?

I am very worried now and not sure how much distress this is going to cause me and my family.


Can you help me?

fil_cad

Bully boy marstons are one of the scum of the earth turds, allways be strong and stand up to them, they hate a good strong match.

Coupon-mad

Same advice as here, read the answers as if they were aimed at you:

https://forums.moneysavingexpert.com/discussion/5092172

Get thee to bailiffadviceonline and pay a tenner for the best help there is!