Car Tax fine - Marston holdings

[lynne108]

Hi - thankyou for this site - it's appreciated.
I had a surprise visit yesterday am from 2 agents from Marston Holdings. They handed me a removal notice & said that I had been fined by the courts as I had no tax on the car. They said they wanted £526.53 but the removal notice doesn't give a breakdown of the sum. They said I had to pay the full amount immediately or they would seize goods. I explained to them that I live on my own in a housing association house, have been and still am, unwell with both physical and mental health problems for which I'm currently receiving treatment from my GP among others. I have had problems in opening my post and dealing with everyday things as a result of this. However I have received nothing else from Marston that Im aware of, indeed they said the last time they wrote to me was in May when I was particularly unwell. I have had no recorded deliveries either. They just reiterated that I had to pay the money or they would take goods including my car - that really worries me as I live in a rural area & there are virtually no bus services to speak of plus the fact that the car is ancient - a V reg Nissan Micra so they woundnt get much for it. I rely on the car for medical trips etc. I said there was no way i can raise that sort of money - at the moment i have no income - i have been on sick leave from work since October & have now formally left. I have made an application for ESA or universal credit i think it is but I know its going to take a while to come through.
Anyway eventually they said they would give me 24 hours to see if I could borrow the money off someone.

I phoned CAB who said to contact them & tell them I fall in a vulnerable category so I tried to - the number he left wasn't recognised. I phoned their head office & was given another number - which turned out to be a residential address!! I told head office of my illness etc but was told it was left to the enforcement agent to make a decision.

I have sent an email to head office to make a complaint about the telephone number business and to reiterate my state of health nut have not heard back.

I have read some of your site but find it difficult as the medication I'm taking makes concentration difficult, also I remember vaguely the rules being changed recently.

I was wondering if you had any suggestions for anything else I could do. My mental health worker has said she'll back up my health claims - I did offer to show them proof yesterday by the way but they just weren't interested. Also I have no items that are worth very much anyway so I don't see how they'll raise the money- from a 25 year old stereo and a cheap microwave!

I understand that I didn't have the tax ( i do have insurance & a valid M O T) on my car (my memory is very bad plus there isn't a tax disc anymore to remind me) so I expect to pay the fine - but with no income I cant pay it yet but when i get my sickness benefits i can pay off a small amount weekly. I did say that to them also but they said no. I really dont know what else to do. Please help.

[zeke]

Hi - thankyou for this site - it's appreciated.
I had a surprise visit yesterday am from 2 agents from Marston Holdings.

Surprise visits are not allowed in the regulations. They state the bailiff must give a Notice of Enforcement before attending to take control of goods.

Here is more: https://www.nationalbailiffadvice.uk/No ... ement.html

They handed me a removal notice & said that I had been fined by the courts as I had no tax on the car.

There is no document called a 'removal notice' in enforcement regulations.

It must be something the bailiff company has made up.

They said they wanted £526.53 but the removal notice doesn't give a breakdown of the sum.

That should have been on the Notice of Enforcement, but you didn't get one.

They said I had to pay the full amount immediately or they would seize goods. I explained to them that I live on my own in a housing association house, have been and still am, unwell with both physical and mental health problems for which I'm currently receiving treatment from my GP among others.

You might well be a vulnerable person for the purpoise of civil enforcement.

The regulations on the treatment of vulnerable people are as clear as mud, which might be intended to create confusion, but they stripped down to bare-metal and explained here: https://www.nationalbailiffadvice.uk/Ba ... eople.html

I have had problems in opening my post and dealing with everyday things as a result of this. However I have received nothing else from Marston that Im aware of, indeed they said the last time they wrote to me was in May when I was particularly unwell. I have had no recorded deliveries either.

The law doesn't say the bailiuff must use recorded delivery. It states the bailiff must keep a record of the time the notice was given to the debtor. Paragraph 7.3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

They just reiterated that I had to pay the money or they would take goods including my car - that really worries me as I live in a rural area & there are virtually no bus services to speak of plus the fact that the car is ancient - a V reg Nissan Micra so they woundnt get much for it.

Not worth the expense, but bailiffs will use it as a tort to make you get the money.

It might be exempt goods, see if this applies: https://www.nationalbailiffadvice.uk/In ... Goods.html

I rely on the car for medical trips etc. I said there was no way i can raise that sort of money - at the moment i have no income - i have been on sick leave from work since October & have now formally left. I have made an application for ESA or universal credit i think it is but I know its going to take a while to come through.

You are in a class of vulnerable people but ESA was abolished and replaced with new-fangled benefits which pays money with a different name. You might want to revise your claim. Do it online.

Anyway eventually they said they would give me 24 hours to see if I could borrow the money off someone.

I phoned CAB who said to contact them

CAB will be as useful as a wet-paper-bag because their advice is scripted and works to an agenda. They do not fact-find your complaint to see if you have any legal remedy, instead, its contact a solicitor.

& tell them I fall in a vulnerable category so I tried to - the number he left wasn't recognised. I phoned their head office & was given another number - which turned out to be a residential address!! I told head office of my illness etc but was told it was left to the enforcement agent to make a decision.

You will be passed from pillar to post with all that ringing around. Do it by email, set a deadline to comply then bring the action.

I have sent an email to head office to make a complaint about the telephone number business and to reiterate my state of health nut have not heard back.

I have read some of your site but find it difficult as the medication I'm taking makes concentration difficult, also I remember vaguely the rules being changed recently.

Recently? as long as 2014. Its still bailiff parlance to say the rules have changed. Our advice follows them as it has from day 1 of their introduction.

I was wondering if you had any suggestions for anything else I could do. My mental health worker has said she'll back up my health claims

If you have a mental health worker, then have them complete a MALG evidence form, and apply to the court for a change of circumstances:

MALG form is: http://malg.org.uk/wp-content/uploads/2 ... e-2017.pdf

- I did offer to show them proof yesterday by the way but they just weren't interested.

Stop contacting the bailiff company. They are not medically qualified to decide whether you are a vulnerable person. They are a commercial business out to make money. It has no interest in your health and mental wellbeing.

Also I have no items that are worth very much anyway so I don't see how they'll raise the money- from a 25 year old stereo and a cheap microwave!

I understand that I didn't have the tax ( i do have insurance & a valid M O T) on my car (my memory is very bad plus there isn't a tax disc anymore to remind me)

You cannot suppose anything.

If you did not know about the fine until after is was sentenced by the magistrates' court, then the fine and the proceedings are invalid, provided you make a statutory declaration and send it by recorded delivery to the magistrates' court. That stops the fine and the bailiffs in one sitting:

Here is more: https://www.nationalbailiffadvice.uk/Co ... ation.html

so I expect to pay the fine - but with no income I cant pay it yet but when i get my sickness benefits i can pay off a small amount weekly. I did say that to them also but they said no. I really dont know what else to do. Please help.

They can't take what you haven't got and the law is there to protect you.

See if any of these remedies apply to you: https://www.nationalbailiffadvice.uk/St ... liffs.html

If they don't, then see if the enforcement id irregular and whether you have redress. See this checklist: https://www.nationalbailiffadvice.uk/Ba ... Sheet.html

[lynne108]

Thank you so much for your quick reply - I'll go through the links you've given me and then formulate a plan of action. Ill let you know how it goes. Thank you again - your help is really appreciated