Marstons gdpd and refusal of payment

[Idonotconsent51]

Hi in need of some advice....I drive an insured car which is registered in the name of my ex at my address. So in feb I have gone up a bus lane in Preston and incurred a charge. Admittedly and for mostly health reasons I let this slip. Enter Marstons... not sure when they took it over but am not in receipt of the letters they said they sent..I know this because it would be in the name of the registered Keeper which I would pass on to... and I have mental health issues so have around a years worth of mail I’ve kept and none from Marstons. But that’s okay...so bailiff came to clamp unless settled in full. Wouldn’t talk to me and the keeper wasn’t here so I offered to pay half of the 408 he said we owed. He refused. A neighbour overheard and gave me a automated pay number to check the amount... I did and it was 173 which I settled immediately. I made a reasonable offer on my doorstep which was declined. Then he told me he had turned the camera off so he could tell me that it was a traffic offence in the bus lane despite the keeper not being in attendance and me having made no request to turn it off. why wouldn’t he take payment and why are they saying we still owe? When I went on automated pay it said outstsnding balance 173 and now they say we owe more????? Please advise

[zeke]

The balance owed to the charging authority for the bus lane offence will be different from the balance owed to the bailiff company,

The bailiff company will add their statutory fees to the balance owed to the authority, another £310.

The bailiff can only charge this if they use the Schedule 12 provisions, which includes giving a document called a Notice of Enforcement at least 7 clear business days before attending.

If your address is different to the address for the vehicle, then the warrant address for you is not current, and the bailiff attended your new address. If that is the case, you can make an out of time witness statement and attach a copy of your current address in evidence.

Here is how it’s done: https://www.nationalbailiffadvice.uk/Ap ... liffs.html


If you have mental health issues, then this article explains more. The bailiff cannot recover the enforcement stage fee from vulnerable people: https://www.nationalbailiffadvice.uk/Ba ... eople.html

If you qualify and have sufficient evidence of your mental health from your doctor, then apply for a detailed assessment hearing under CPR 84.16 because you have a statutory exemption under 84.16(3)(d). The application suspends the enforcement process and when the assessment is complete, the bailiff company pays your costs.

[Idonotconsent51]

Thanks for the information