Horrible encounter with Marston Bailliff

LadySher

I had a phone call at work today from a man telling me he was in my kitchen and was seeking to recover goods to the tune of £425.50 for a £2.50 dart charge I hadn't paid.

I've been arguing with highways England and Marston about this for months. I didn't realise it had gone to court and honeslty I couldn't pay it when it was around £150 anyway.

He told me he had gained entry peacefully through an open door and wanted the money or goods immediately. I asked him to email me a copy of the warrant and his ID which he said he couldn't do. He eventually sent a photo of the warrant which was split into three photos and barely readable.

I told him I was at work and would call Marston to clarify the situation. They said he could offer me a payment plan at his discretion. I called him back and he flatly refused a payment plan and said he had called a recovery team to come and collect my vehicle from work. He specifically said he was not at liberty to offer a plan. I eventually had to pay him or I wouldn't have been able to drive home to meet the kids who were due home from school a few hours later.

Obviously I am liable for the penalty. But has he acted properly? This was his first visit to my house. He hasn't left a receipt. He hasn't provided any licence details. He left a letter on my kitchen counter which was a 'first visit' letter saying he would be back tomorrow. He tried backtracking and saying he hadn't been in my property but obviously forgot he had left the letter on the side. Marston have subsequently said he was able to offer a payment plan. I am a single mother to 4 children and had to use part of my rent to pay this debt. i feel sick with the whole thing.

fatbelly

Entering through an unlocked door does count as peaceable entry. You've paid the debt now so that should be the end of the matter.

The key with the Dart Charge seems to be to pay early. Even if you forget to pay it at the time, if you phone their staff as soon as you
receive the notice, First-time ‘offenders’ have a 14-day grace period which allows them to just let them pay the £2.50 and remit the fine.

Ignore it for long enough and you end up with a bailiff

Herbie21

LadySher wrote: »

I had a phone call at work today from a man telling me he was in my kitchen and was seeking to recover goods to the tune of £425.50 for a £2.50 dart charge I hadn't paid.

I've been arguing with highways England and Marston about this for months. I didn't realise it had gone to court and honeslty I couldn't pay it when it was around £150 anyway.

He told me he had gained entry peacefully through an open door and wanted the money or goods immediately.

I told him I was at work and would call Marston to clarify the situation. They said he could offer me a payment plan at his discretion. I called him back and he flatly refused a payment plan and said he had called a recovery team to come and collect my vehicle from work.

He specifically said he was not at liberty to offer a plan. I eventually had to pay him or I wouldn't have been able to drive home to meet the kids who were due home from school a few hours later.

The first thing that I thought when I read your post last evening was how fortunate you have been that you have only lost £425. If it had been a burglar entering your home through an unlocked door, I am sure that your loses would have been significantly more !!

You specifically mention something very important which was that you have been 'arguing with Highways England and Marston about this for months'. This comment would indicate that you had received a Notice of Enforcement from Marston's. Given that this debt relates to an unpaid Dart Charge, that letter would have requested a payment from you of £190.50. This sum would include the Compliance fee of £75.

If you read the Notice of Enforcement carefully, you will see that it specifically states that the enforcement company would be willing to accept a payment arrangement.....providing that you contact the company by a specific debt (which would be provided on the Notice of Enforcement). If you fail to make contact and set up a payment arrangement, then the enforcement company are under a duty to Highways England to enforce the warrant. This would involve a certificated enforcement agent attending your property to 'take control of your goods'. At the time of the visit, an enforcement fee of £235 will be added to the debt. This appears to be what has happened.

Unless instructed by Highways England to cease enforcement, Marston's have a duty to enforce the warrant and frankly, although the experience cannot have been a nice one, I cannot see that the enforcement agent did anything wrong at all.

Are you able to let us know the reason why you had been disputing the debts for so long?

Herbie21

LadySher wrote: »

He told me he had gained entry peacefully through an open door and wanted the money or goods immediately.

I told him I was at work and would call Marston to clarify the situation. They said he could offer me a payment plan at his discretion. I called him back and he flatly refused a payment plan.

He specifically said he was not at liberty to offer a plan.

Marston have subsequently said he was able to offer a payment plan.

I am a single mother to 4 children and had to use part of my rent to pay this debt. i feel sick with the whole thing.

As outlined under my above post, a payment arrangement is offered to all debtors under the initial notice (Notice of Enforcement) and on this point, the enforcement agent is absolutely correct in saying that he is not at liberty to offer a payment plan and in particular, when the purpose of his visit....is to 'take control' of your goods.

PS: As you had been in dispute with Highways England for so many months, did they ever agree to instruct Marston's to place your account 'on hold' etc?

atrixblue.-MFR-.

You leave your doors unlocked when at work and kids at school?


Or did he enter peacefully but someone under the age of 18 was home or an adult was at home?.