Marston Bailiff threatening on phone for £408

[DaveR]

Hi, I received a telephone call this morning from a Marston Bailiff. He said I owe £408 for an outstanding bus lane offence back in March. I actually moved house 5 days before the offence and although I changed my licence I forgot about the V5.
He texted me a copy of a 'Warrant of Control' (attached) and said I need to pay in full today or he will contact DVLA who will fine me £1000 for not notifying them of the change of address. This is the first contact I have had from anyone in connection with this. Can he charge this much? I accept I was in the wrong but £408? I felt really under pressure and paid £250 as it's all I could raise today, and he's calling back for the balance tomorrow. I have no idea if he's ever visited my old address or how he got my phone number..
Should I pay the balance or has he acted unlawfully? Thanks for any advice.

[Syd Snitkin]

A quick calculation shows the original PCN was for £60. As it went unpaid it went up to £90. A further £8 was added when registered with the Traffic Enforcement Centre when it continued to be unpaid. The bailiff has added his £75 enforcement stage fee.

If he didn't have your address then he has not served a notice of enforcement (NOE) as required by legislation - The Taking Control of Goods Regulations 2013 part 8 > http://www.legislation.gov.uk/uksi/2013 ... ion/8/made

As he served no NOE he cannot progress to the enforcement stage and charge the further £235. The debt due was £173.

You have 2 options. Relay all of this to the bailiff and the creditor (the council that issued it). Remind them of the legislation and request a refund of £77 stating that the amount due at this stage has been paid.

Or you can make an out of time appeal by filling in forms TE7 and TE9 from here > https://www.gov.uk/government/collectio ... ntre-forms

This is free and will suspend enforcement - the TEC process applications after 4pm each day and suspend enforcement by the next day.

[zeke]

Hi, I received a telephone call this morning from a Marston Bailiff. He said I owe £408 for an outstanding bus lane offence back in March. I actually moved house 5 days before the offence and although I changed my licence I forgot about the V5.
He texted me a copy of a 'Warrant of Control' (attached) and said I need to pay in full today or he will contact DVLA who will fine me £1000 for not notifying them of the change of address.

That sounds like blackmail.

This is the first contact I have had from anyone in connection with this. Can he charge this much? I accept I was in the wrong but £408? I felt really under pressure and paid £250 as it's all I could raise today, and he's calling back for the balance tomorrow.

The bailiff will have to pay it all back because he knew the enforcement address is wrong and you have not been given a Notice of Enforcement -a statutory requirement.

I have no idea if he's ever visited my old address

He has.

or how he got my phone number..

From the DVLA. You put it on the V5 when you first registered the car.

Should I pay the balance or has he acted unlawfully? Thanks for any advice.

Do an out of time appeal as syd has suggested. Here is how to appeal a PCN.

Be sure to include evidence of your change of address when you email the completed forms to the Traffic Enforcement Centre.

The enforcement power will be cancelled, and you must give the bailiff an opportunity to return the money to you into your bank account (give account details) before bringing legal action against the council and the bailiff company jointly to recover it.

You will still owe the original penalty if the council chooses to pursue you for it, you can use the PCN amount as a set-off against the money they owe you.

[DaveR]

This sounds like great advice, thanks to you both, I'll be back to let you know how I'm getting on.

[DaveR]

Hi, the instructions on completing the PE2 and PE3 are good however there's no detail of what I should enter in the 'My reasons are' on the PE3, only instructions of what to put in 'My reasons for completing the Statutory Declaration out of time are'... on the PE2. Do I use the same paragraph - ''The warrant of control has my previous address xxxxxxxxxx and on xxxxxxxxx an enforcement agent took an enforcement step without the authority requesting the issue of a new warrant specifying the new address of the respondent under CPR 75.7(7).
I attach evidence of my current address.''

Thanks to you both for your help.

[zeke]

If you are appealing because you changed address and the bailiff took action at your current address with a warrant with your previous address, then you must always attach evidence of your change of address, or document proving you were away from your current address, e.g. a travel itinerary.

[DaveR]

The Bailiff took action at my previous address because I forgot to update my V5 when I moved - I only updated my licence. He has never given me a NOE but said on the phone today that's my fault for not notifying DVLA and the Warrant still applies. He said he will advise DVLA accordingly and will be arranging for my car to be clamped -he said he can do this with the help of the ANPR cameras and I will then be liable for a further £250.. He refused to refund the £250 I have already paid.

[Syd Snitkin]

It may be your fault but legislation still requires the NOE to be sent to your home address. That hasn't happened no matter the reason why.

Contact the creditor, the bailiff is just after his commission.

[zeke]

You can do a claim for the £250 by bringing an action under paragraph 66 of schedule 12 of the Tribunals Courts and Enforcement Act 2007 because the bailiff is in breach of paragraph 7.1 of the Act by failing to give a Notice of Enforcement. The evidence to support your claim is proof of your current address.

Here is how to bring the claim. https://www.nationalbailiffadvice.uk/Ta ... Court.html

[carl1982]

just trying to complete my PE2 and PE3 for my wife who had a bus fine go through to her previous address. I can send the details of her driving licence with her new address but i'm not sure on the wording. This thread seems to be the closest to my problem. basically the first we knew about it was a letter from Jacobs asking for £408. we've no idea what other letters have gone through because the property was a flat we rented out at the tenant has just been evicted so we've only just discovered this notice. a little help on the PE2 and PE3 wording would be greatly appreciated.

[zeke]

No wording needed. Just tick the box saying you did not receive the Notice to Owner (NTO) on both forms and attach evidence of your current address. Then when you have then notarised by a solicitor fee £5 and take photo ID with you, email the forms to te @hmcts.gsi.gov.uk and that suspends enforcement in real time.

[DaveR]

I emailed the PE2 and PE3 on 4th October. I also spoke to Bristol Council who said I would get back the £250 Marstons pressured me into paying without serving the NOE.
I've had an acknowledgement email from TEC on the day I sent the forms but nothing since... Should I be chasing or taking any further action? What normally happens next?
Thanks for your help guys.

[zeke]

You ask the council to pay the money into your bank account. Give your bank details.

Remind them that marston is their responsibility as you have no contract with them.