Final Notice & Bailiffs

tommytynan123

Son is holding his hands up to ignoring a PCN and now being liable for the £400 it has risen to via DC. He told the ''enforcement agent'' (Marstons) he could pay it all on Dec 23rd. Agent happy.
Then talked to me and we quickly realised his offer was way more than he could pay on that date. Phoned agent to re-offer 2 x £200 payments (Dec 23rd and end of Jan) only to get told
''not acceptable as you've already offered £400 on 23rd and I (agent) have told the magistrates court that payment is that date''

Is the agent being inflexible to get the matter cleaned up or are Marstons obliged to accept the 2 x £200.
Thanks

sourcrates

Hi,

The agent does not have a direct line to the magistrates court, he is trying to prevent you from breaking your original deal by attempting to deceive you.
Pay them the fine in two payments as you have stated, do not give the agent your payment card details, do it in cash if possible.

[Deleted User]

By PCN, do you mean a Penalty Charge Notice, or a Parking Charge Notice?

tommytynan123

Thanks so far. It was a parking charge that son (idiot!) ignored then moved house twice in 4 months. All got a bit lost (he thought) It surfaced when the enforcement agent called at his old address to ''take control of goods'' to be told he had long since moved. Present resident is a friend of sons and gave the notice to him. Son immediately phoned agent to give new address (mine - he's back!!!) and arrange payment. Some more questions I'm afraid?
1. The ''final notice'' only lists the amount and a reference number. On the back is a non-personalised list of fees that son was told is sufficient as a breakdown of how the original charge became £400. I suppose though if son is saying ''fair cop'' does it matter.
2. Parking or Penalty ? It was a parking ticket - whats the difference as far as this case is concerned.
3. I too am very concerned about card details over the phone to an agent. Choice is cash, via Marstons on-line payment method or bank t/f. Defo not card via agent.
4. My wife is very vulnerable following a traumatic event and at times is at home alone. I'm p/t carer and work p/t. If I write to Marstons (recorded) to say that the agent must never come to my house will that suffice. I'm happy to give them my mobile number.
Thanks all.

sourcrates

Penalty charge notice is for a moving violation like contravening a bus lane, that sort of thing.
Parking charge notice obviously for parking, as that's now been established, I would think the time limit for challenging this ticket has now expired.

You should write to Marstons explaining that a vulnerable person resides with you, however, how they will react in practice is anyone's guess, I think the sooner this is gone the better for all concerned.

[Deleted User]

sourcrates wrote: »

Penalty charge notice is for a moving violation like contravening a bus lane, that sort of thing.

I thought a Penalty Charge Notice was what is issued by the police, traffic wardens, and Council parking wardens.

However, I'll rephrase the question.

Was the car park owned by a store/company etc., or by a Council?

tommytynan123

It was council initiated. I believe he parked at 8.00pm in an almost empty disabled parking lane (holds about 10 cars normally) in town centre. Left about 11pm. He did try last week to talk to council after the agent turned down 2 payments. They could find no record of the incident at all?? My 2 aims are
1. Ensure the agent does not call at my house without first contacting me and
2. Allow son to pay x 2 installments.
He'll contact Marstons Head Office first wrt my house and 2 payments. He will not talk to the agent at this stage as there is almost 3 weeks to 23rd but wait for response from Head Office.
Thanks guys.

[Deleted User]

tommytynan123 wrote: »

They could find no record of the incident at all??

If they can find no record of it, how do you know the fine even exists?

This sounds iffy to me.

fatbelly

It'll be a Penalty Charge Notice as the Magistrates Court is involved.

If it was a parking charge it would have gone through the County Court, if at all.

tommytynan123

Thanks all. Interesting. Son defo said it was a parking ticket on windscreen but I'll ask him again. I'll also ask him to ask agent or Marstons whether the ''court action'' was Mag or CC.

Interesting to note as well - he scraped the car involved about then - April 2015 - (checking actual date with breakers) and due to moving etc hasn't got the DVLA letter that is normally issued. He's also just got a fine from DVLA (£100) as the car wasn't taxed in Oct 2015??. He has talked to DVLA who said ''get the date from the breakers yard'' and it will be put to bed. ???

[Deleted User]

Did the breakers not issue him with a Certificate Of Destruction?