Marstons Help 17 September 2022 at 9:58PM in Debt-free wannabe 5 replies 203 views

Finch1986

Hello All,


I am just looking for some advice for a bus lane fine I have received from Ealing Council. There are a few issues i have and just needs some advice on what to do next.

First of all i was completely unaware of the fine as it was sent to my old address the week before I got my updated licence and log book after i moved, However it has not been handed to The cowboys known as Marstons who have clapped another £220 on the fine. Today there has been a visit to my mums address and my step dad who has dementia is now in a state of heightened stress due to this.

I am by no means refusing to accept i have a fine to pay but is there any advice on how i can get rid of marstons and pay the council directly as its no longer on the online payment system as i dont want them returning to my mums address and stressing out my step dad. What do i need to provide to Marstons to prove there is a vulnerable adult in the house to stop them knocking?

I have looked for an email to email the council and have come up empty i need to sort this ASAP as i do not want to cause him any more stress from bailiffs while my mums not in the house


Thanks in advanced for any help.

sourcrates

The only sure way to get rid of them is by paying in full, since the debt has gone to enforcement, Marston's are entitled to apply their compliance fee of £75, and since they visited the property, another £235 enforcement fee can be charged.

You can contact the council, explain about the circumstances with your stepdad, ask if they will take the fine back in house, but even if they do so, the bailiff fees are still payable, and if they were granted access to your mum's property, they can re-enter at any reasonable time to seize goods to sell to cover the costs involved.

"I have looked for an email to email the council and have come up empty"

Not sure what you mean with the above statement, but you would normally contact the council from there website "contact us" section, better still phone them, it will be much quicker.

Finch1986

Thank you for your reply. 

I do not live at my parents address and as such the bailiff has no right to take anything from the house.

it’s my understanding that if there is a vulnerable adult in the house (which my step is dad as he’s 73 and has dementia) that bailiffs should not be allowed to harass or enter the property.

Im not refusing to pay the pcn by any means but all the paperwork was sent to an old address and I was unaware of this until he showed his face at my parents house. 

Is there anyway to return it to court do I have chance to explain the circumstances and pay the original PCN to the council?

I have spoken to Mr Lee (bailiff) who was rude as hell to me and refused to accept the offer of repayment and demanded it in full or a return visit.

I have only just got my debt under control and really don’t need bailiff fees piling up on top.

thanks for any advice in advance

Brie

So did you live at your parent's place at the time of the offence?  Was there much of a time lag between moving from wherever you were and getting your paperwork to the DVLA?  (took my OH 2 years as DVLA kept sending his old paperwork to us at our new home without updating anything)

You will need to tell your mom to simply refuse them entry as it's not your home and not your stuff they might try to seize.  Tell her that should they try to force the issue that she needs to ring the police as someone is trying to force unlawful entry.  

sourcrates

Finch1986 said:

Thank you for your reply. 

I do not live at my parents address and as such the bailiff has no right to take anything from the house.

it’s my understanding that if there is a vulnerable adult in the house (which my step is dad as he’s 73 and has dementia) that bailiffs should not be allowed to harass or enter the property.

Im not refusing to pay the pcn by any means but all the paperwork was sent to an old address and I was unaware of this until he showed his face at my parents house. 

Is there anyway to return it to court do I have chance to explain the circumstances and pay the original PCN to the council?

I have spoken to Mr Lee (bailiff) who was rude as hell to me and refused to accept the offer of repayment and demanded it in full or a return visit.

I have only just got my debt under control and really don’t need bailiff fees piling up on top.

thanks for any advice in advance

Unfortunatly the law says the bailiff has every right to enter (peacefully) and take goods, as the address on the warrant, correct or not, is the address they have been told to attend.

Bailiffs are notoriously difficult to deal with anyway, which is why you're not getting anywhere with them.

Try the council, and also write to the bailiff's head office telling them of the vulnerable status of your stepdad, to stop them attending again, don`t phone as you will get nowhere.

The sooner you can pay something the better, Baillifs will be looking for full repayment, all at once, they always do, if you must pay Marston`s do so by bank transfer, do not give them your card details.

Hopefully the council will take this back once you inform them of your status, ring them ASAP on Tuesday morning, as they will likely be closed tomorrow for the Queens funeral.

fatbelly

Finch1986 said:

Hello All,


I am just looking for some advice for a bus lane fine I have received from Ealing Council. There are a few issues i have and just needs some advice on what to do next.

First of all i was completely unaware of the fine as it was sent to my old address the week before I got my updated licence and log book after i moved, However it has not been handed to The cowboys known as Marstons who have clapped another £220 on the fine. Today there has been a visit to my mums address and my step dad who has dementia is now in a state of heightened stress due to this.

I am by no means refusing to accept i have a fine to pay but is there any advice on how i can get rid of marstons and pay the council directly as its no longer on the online payment system as i dont want them returning to my mums address and stressing out my step dad. 

Thanks in advanced for any help.

It sounds like you need to file an  Out of Time Witness Statement

Explained here:

https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/out-of-time-witness-statement