A tad complicated, But I Think I have a case! HELP!

[jungle7895]

Hi Guys! Hope your all well, Ive used this forum before and you lot were amazing and I managed to quash my bailiff fees! From the knowledge ive gained I think I have another case that is worth me fighting!...

Its a tad complicated, so im going to to keep it brief as possible....

MARSTONS HOLIDINGS / CLIENT: HMCTS MERSEYFLOW BRIDGE

Soooo...

Fine dates back to appx 1 year ago when I was working for Bristol Street Ford, during an errand in a company car, collecting some documents from a customer it seems I managed to get a fine from the Merseyflow bridge (im sure you all know about this nightmare on here). I hold my hands up to this....

My employer Bristol street seemed to bounce it around the office for a while and then decided to send it on to the address they have listed for me, which at the time was my mums address (where i was living when i was first employed by Bristol street)

Around 8 months ago I changed jobs and at the same time moved address out of my Mums house, and due to some family issues have not really been back to the house since.

Received a call from my mums partner Yesterday (Yes Sunday.. the gits) saying that Marstons are there and looking to collect goods from my mums house, turns out that in his worry he paid the fine plus fees right there and then by card (around £400 mostly attendance fees) obviously this has caused even more family problems and I have been given a month to pay this debt back to my mums partner.

Sooo...

Why i feel i have a case:

Firstly my employer didnt tell me about this fine in any way.

The PCN was sent to the incorrect address (old address) and not opened

I havent seen any correspondence / Letters / Calls / Texts etc and was actually unaware of the debt/fine until the phone call from my mums partner saying that he had to pay it on the doorstep to stop removal of goods.

Intimidation was used to get my family to pay the debt

HELP!

As i say i admit to the fine and am happy to pay that and even some of the late fees etc but is there any way I can get back the stupid attendance fees? as i feel they have been paid unlawfully! I feel like this isnt going to be easy as its been paid but ive heard of them being refunded before? Do you think i have a case?

Thanks Guys

[Syd Snitkin]

Perhaps I'm not up to speed with something, but why has a traffic fine gone to HMCTS?

How much money did the bailiff take?

[jungle7895]

Not exactly sure off hand but it’s well over half.

[Syd Snitkin]

Who told you it was from HMCTS? How was it paid, cash or card. If card, debit or credit card?

[jungle7895]

Debit card unfortunately mate, see attached

This was given to my step dad before he paid it.

Thanks

[Syd Snitkin]

Mum's partner needs to call his bank and do a chargeback. He should explain that he was fraudulently told that this was a court fine and they were going to remove his goods. He now knows that it was not a court fine and it had nothing to do with him and after taking advice he now knows he's been conned.

This debt is not from HMCTS, it is a traffic violation that has no criminal liability. I would also contact Merseyflow to complain about what their bailiffs have done and how they have acted misleadingly, and that if the chargeback is unsuccessful, they need to reimburse or you will be starting legal proceedings, claiming your legal and personal costs.

[zeke]

Hi Guys! Hope your all well, Ive used this forum before and you lot were amazing and I managed to quash my bailiff fees! From the knowledge ive gained I think I have another case that is worth me fighting!...

Its a tad complicated, so im going to to keep it brief as possible....

MARSTONS HOLIDINGS / CLIENT: HMCTS MERSEYFLOW BRIDGE

The bailiff company is misleading you by putting "HMCTS" on a document to pretend they are enforcing a debt owed to the magistrates courts.

It has nothing to do with HMCTS. I have seen first-hand a bailiff putting an "HMCTS" document inside the windscreen of his van while he was collecting council tax. It is a modus-operandi of Marston Group Limited to pretend they are working for HMCTS while enforcement non-magistrates court debts. They also masquerade as "marston holdings" when the contract is in the name of Marston Group LImited.

Your parents can consider a chargeback on the grounds the bailiff made a false representation to coerce you to make over your bank details. It helps if your parents report this to the police online because that generates a police reference number which adds weight to the chargeback application.

Soooo...

Fine dates back to appx 1 year ago when I was working for Bristol Street Ford, during an errand in a company car, collecting some documents from a customer it seems I managed to get a fine from the Merseyflow bridge (im sure you all know about this nightmare on here). I hold my hands up to this....

My employer Bristol street seemed to bounce it around the office for a while and then decided to send it on to the address they have listed for me, which at the time was my mums address (where i was living when i was first employed by Bristol street)

Around 8 months ago I changed jobs and at the same time moved address out of my Mums house, and due to some family issues have not really been back to the house since.

Enforcement fails.

You are living at a different address from the one on the warrant.

Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states the bailiffs can only take control of goods where the debtor usually lives or trades. Your mother's address is neither of these.

Received a call from my mums partner Yesterday (Yes Sunday.. the gits) saying that Marstons are there and looking to collect goods from my mums house, turns out that in his worry he paid the fine plus fees right there and then by card (around £400 mostly attendance fees) obviously this has caused even more family problems and I have been given a month to pay this debt back to my mums partner.

Once the debt is paid, the enforcement power ends. Provision 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

You can apply for a detailed assessment which will only recover the fees, but you must show evidence of your current address is valid on the date of the warrant.

If you do not give evidence of your current address with your application, your detailed assessment will be dismissed.

Sooo...

Why i feel i have a case:

Firstly my employer didnt tell me about this fine in any way.

He doesn't need to.

The PCN was sent to the incorrect address (old address) and not opened

If you can show the Notice was sent to the wrong address then you can reclaim the money, but I feel that your parents are the ones that must claim because a court will rule that you have not paid any loss because your parents paid.

I havent seen any correspondence / Letters / Calls / Texts etc and was actually unaware of the debt/fine until the phone call from my mums partner saying that he had to pay it on the doorstep to stop removal of goods.

Intimidation was used to get my family to pay the debt

HELP!

Your parents are the only ones with a cause of action. I know its a lot of faffing around for them, but the bailiff company will defend any claim your parents paid voluntarily because the bailiff did not take control of their goods.

If the bailiff took control of their goods then the bailiff's goose is cooked, your parents win because they were forced to make over a money transfer under the pain of having their goods removed.

As i say i admit to the fine and am happy to pay that and even some of the late fees etc but is there any way I can get back the stupid attendance fees? as i feel they have been paid unlawfully! I feel like this isnt going to be easy as its been paid but ive heard of them being refunded before? Do you think i have a case?

Thanks Guys

The way to go is a detailed assessment under CPR 84.16, but this requires an element of skill by the solicitor that brings the case. One thing is paramount in your case, are you must show evidence of your current address and the date you moved. The judge cannot get around it because the law is an act of parliament that decides whether or not the notice was given to the debtor.

[jungle7895]

WOW Guys! Im impressed! Thank you so much for the info!

My tenancy agreement will show my current address and that will be dated well after my start date at bristol street.

I dont really want to go down the charge back route, but theoretically if we get this all written up properly in a letter and the evidence needed that shows this was unlawful, especially including details the false representation surely they will look to refund the bailiff fees?

What do you think?