Marston's High Court Enforcement Office & Certified Bailiffs

[jnoiles]

So yesterday an envelope popped through the door. Marked urgent and confidential and addressed to me. I open it and it's a WARRANT OF EXECUTION (their upper case, not mine) from Marston's. It's demanding £108.16 for a Penalty Change on 14/11/2008. The reference says For: London Borough of Greenwhich Ref: GR73452508 VRM: GY05HXE. A bit of googling would lead me to believe that this is simply a parking fine that for whatever reason they've attributed to me and are claiming I've not paid.

 

Greenwich council's own website says the correct process for parking fines is:

 

If you don’t pay within 28 days of issue, a chain of events is set in motion:

 

We will send you a Notice to Owner as a first step.

 

If the notice remains unpaid, we will then send you a Charge Certificate which increases the charge by 50%.

 

If the charge remains unpaid after these steps, we will register the debt at County Court and this could then lead to a visit from a bailiff.

 

The bailiff is empowered to seize the vehicle and/or property to the value of the original parking ticket plus the costs of collecting it. This could amount to several times the value of the original fine.

 

From: http://www.greenwich.gov.uk/Greenwich/T ... ngTickets/

 

It's not beyond the realm of possibility that I got some sort of parking fine in Greenwhich in 2008. What puzzles me is why I've had no further attempt by Greenwich council to notify me of this penalty charge as per above or indeed any indication of the fine in the first instance. Especially as every single car I've ever had registered in my name has been registered at my current address. And as we know the useless idiots at the DVLA will sell your information to any shady idiot for a quick buck so it's not as though they couldn't find me.

 

Today my girlfriend was looking at the form and points to the VRM bit: VRM: GY05HXE. She says 'that sounds like a car reg number'. VRM or Vehicle Registration Mark as google handily informs me. A quick car search reveals that the car with that registration is a Mercedes C180 Kompressor (4 door saloon). I've never had such a vehicle. I've only ever had the race car and my 500 registered in my name and only ever at my current address.

 

I rang Marston's to discuss and predictably they have an answering service and they want me to leave a number they can contact me on. Er, no.

 

Tomorrow morning I'm ringing Greenwich council. I want to know if this is a parking fine for the aforementioned Mercedes. If so then I'm on the phone to Northampton County Court where Marston's has lodged this warrant of execution to explain that I have never had this car in my name and this is wrong, ask for the correct paperwork to stop the process.

 

If I get no satisfaction from Greenwich council, and lets face it, they're a council, why should I expect anything approaching satisfaction, I'll pay the fine so as to stop a bailiff coming around and being nasty (google Marston's, some horrible stories of intimidation and people having to call the police) and then bombard the council with freedom of information requests demanding evidence of the offense, copies of the penalty notice, any pictures taken at the time, officers involved, copies of postal information and dates when the fine and the alleged reminders were sent out.

 

Then if it turns out as I suspect, and this isn't my car I'll seek compensation from them for my time wasted and my expenses incurred in having to pay this. I'll invoice them and if I hear nothing in 30 days I'll sell the debt to Marston's, let them be on the receiving end of it.

 

Anyone ever had a problem like this?

[Lankytim]

If the bailiffs turn up don't let them in and tell em the alleged parking offence is in dispute. I think they have to leave once you've told them that.

 

Either way, i'd get in touch with a solicitor!

[Albert Ross]

Strangely I just received a demand for back tax on a Discovery I scrapped in 2007.... Are they so skint they have to dhis kind of shit? I am ringing them tomorrow. Arseholes.

[Lord Sterling]

I saw something similar on Watchdog sometime earlier this year. Innocent member of the public recieving fines from London councils sending parking fines to people who've never even been to London, let alone parked thier. I'm afraid I cannot remember what it is they did or even if the issue was resolved.

 

I'd start by visiting Citizens Advice and see what they say.

[jnoiles]

There's some pretty nasty stories of the lengths Marston go to for "recovery" on the net. People getting bullied and houses broken into. I think I'll run the whole thing past a mate who is a policeman and a lawyer, see what they have to say on the matter.

[CIH]

Presumeably some yokel saw you're name on a random database and decided it was "near enough" so now it's clearly you're liability and they're chasing you all guns blazing ?

[jnoiles]

Presumeably some yokel saw you're name on a random database and decided it was "near enough" so now it's clearly you're liability and they're chasing you all guns blazing ?

 

Pretty bizarre though. I seem to recall that councils have been taking pictures of cars fined for a couple of years. Would love to see that photo. Or indeed any of the correspondence they claim to have sent me. I smell a rat somewhere here.

[cms206]

Middle of last year my mate recieved summons from one of the London Boroughs IIRC regarding a parking issue, showing a photo of a Peugeot 306 registered X278 CNH. The closest he'd had was a Peugeot 406 registered X278 LNH, which had already been traded in some three cars previously and since exported. He's still being pursued...

[Guest]

You'd think they'd just keep to making beer.

[warren t claim]

If you need any help feel free to ask. I'm a former certified bailiff and if you have any questions then ask away or PM me.

[jnoiles]

If you need any help feel free to ask. I'm a former certified bailiff and if you have any questions then ask away or PM me.

 

Much appreciated. I'm basically unsure of what happens next. As far as I can tell this is a mistake. What I need are a few more facts. I'll ring the council tomorrow and see if my understanding of the terminology re VRM is correct. If it is then that's very definitely not my car. In which case I believe the correct thing to do would be to call the county court (northamptonshire county court according to the letter) and advise them of this. I also believe there is an official form that has to be lodged which in effect questions the validity of the warrant of execution on the basis that it's been granted on false grounds, ie not my car. I'm not entirely sure of what the next steps are though? I would imagine that if it was cancelled due to it not being my car then Marston's can't shake me down for the money or the processing fee. Although I'm wary of making that assumption due to the horror stories surrounding their intimidatory tactics.

 

Am I on the right path here or is there a vital step I'm missing? I'm also tempted to ring Marston's and ask to see a copy of this warrant of execution they've been granted in the hope that it contains a little more information. Presumably they've had to apply for this warrant based on some sort of facts? I couldn't just rock up to the county court with a random number plate and a mates address and get one of the warrants. Surely there's proof of this alleged penalty notice somewhere that they had to provide the court?

[warren t claim]

I'd be very wary of dealing with Marstons directly. They really are about the worst bailiffs to have to encounter. Ring the court directly as all the bailiff will be interested in is getting you to sign a walking possession order. If they turn up to your house again it will be with the intention of levying your goods, don't let them in! Removing goods is always a last resort as it's a load of hassle and it's always more profitable to ramp the fees up and get you to pay on the weekly.

 

I can recommend posting on the legal beagles website for more up to date information.

 

RING THE COURT ASAP! This CAN be resolved without dealing with the twats directly!

[HillmanImp]

I had a similar problem last year. I had not received any letters until I got the bayliffs round. There is a process you need to go through to appeal the tickets.

 

To do this you need to fill in the 'Statutory Declaration Form' and send it to the court that the baylifs have applied to.

 

http://www.hmcourts-service.gov.uk/cms/7017.htm

http://www.hmcourts-service.gov.uk/cms/files/OOTApplicationPack.pdf

 

I warn you that despite being in a sililar situation to you with some pretty valid arguments they dismissed it and i had to stump up. £108 is not that much and it might be worth just paying it rather than going through the hassle i went through for nowt.

[scooters]

I would recommend you visit The Consumer Action Forums site (google it) they have downloadable letters which you can print out for any of these sort of situations

[jnoiles]

Right, we have an update:

 

First up, Greenwich council. It appears that someone registered the Mercedes to my name and my previous address after I'd moved out. Cheeky.

 

I now need to do the following:

 

1) Get a letter from the DVLA to prove that you do not own and have never owned the vehicle.

2) Get a letter confirming the date you moved out of Chart House

3) Log onto HMCS website: http://www.hmcourts-service.gov.uk/

4) Complete a TE3 form

5) Complete a TE9 form

6) Email both these forms + letter from DVLA + letter of moving from Chart House to Luton to [email protected]

 

The lady at Greenwich Council is putting the case on hold for 14 days (she is notifying bailiffs of this) to allow me to get the evidence etc from DVLA.

 

I am pleasantly surprised at this show of understanding and efficiency from the council. This is not something they're known for in my experience.

 

 

 

And so, on to the DVLA who said:

 

1) Photocopy the letter from the bailiffs

2) Create statement that contains:

- Reg number of car: GY05 HXE

- Make and model: Mercedes Benz C 180K Classic Se

- Previous address i.e. where car is registered to: OLD ADDRESS

- Your name and current address: XXXXXX

- fact that bailiffs have been put on hold for 2 weeks as of 06/12/2010 (so this is urgent)

3) Fax the photocopy of bailiff's letter and statement to 01792 384035 FOR THE ATTENTION OF SC2 (DVLA SWANSEA) and confirmation of move

4) Report to police

 

Now obviously a paperwork odyssey is in my near future. I will be reporting this to the police because I'm halfway worried that this nutter has been racking up stuff much larger than a parking fine, although I'd assume I'd have seen a speeding fine by now, they're taken far more seriously than parking notices.

 

What a nightmare.

[scooters]

Right, we have an update:

 

First up, Greenwich council. It appears that someone registered the Mercedes to my name and my previous address after I'd moved out. Cheeky.

 

I now need to do the following:

 

1) Get a letter from the DVLA to prove that you do not own and have never owned the vehicle.

2) Get a letter confirming the date you moved out of Chart House

3) Log onto HMCS website: http://www.hmcourts-service.gov.uk/

4) Complete a TE3 form

5) Complete a TE9 form

6) Email both these forms + letter from DVLA + letter of moving from Chart House to Luton to [email protected]

 

The lady at Greenwich Council is putting the case on hold for 14 days (she is notifying bailiffs of this) to allow me to get the evidence etc from DVLA.

 

I am pleasantly surprised at this show of understanding and efficiency from the council. This is not something they're known for in my experience.

 

 

 

And so, on to the DVLA who said:

 

1) Photocopy the letter from the bailiffs

2) Create statement that contains:

- Reg number of car: GY05 HXE

- Make and model: Mercedes Benz C 180K Classic Se

- Previous address i.e. where car is registered to: OLD ADDRESS

- Your name and current address: XXXXXX

- fact that bailiffs have been put on hold for 2 weeks as of 06/12/2010 (so this is urgent)

3) Fax the photocopy of bailiff's letter and statement to 01792 384035 FOR THE ATTENTION OF SC2 (DVLA SWANSEA) and confirmation of move

4) Report to police

 

Now obviously a paperwork odyssey is in my near future. I will be reporting this to the police because I'm halfway worried that this nutter has been racking up stuff much larger than a parking fine, although I'd assume I'd have seen a speeding fine by now, they're taken far more seriously than parking notices.

 

What a nightmare.

 

fuggin shocking - whaetver happened to habeus corpus - under common law the onus should be on them to prove your guilt not on you to prove your innocence - what is this France!!!!

[jnoiles]

Yeah, paperwork nightmare. Still, happy to be able to move it forward. I like the report to the police bit. I'm liking the idea of having a police number and a case built up about this so when the next ton of tickets/fines/etc comes through I'll be ready for it and be able to fend them off more easily.

 

Also fighting the urg to go round and set fire to the Mercedes. As far as I can tell it's not illegal to torch your own car and it is my name on the V5

[M'coli]

However, it may not help your case! If you can, have samples of your signature going back yonks to hand and be able to compare to the one on the V5 for the Merc.

[jnoiles]

However, it may not help your case!

 

Yeah, I know. Not really considering it. No idea what other fines this joker has run up. Just a pleasing idea.

[Albert Ross]

Get your own back now, with Pizzas, Taxis at 3am, Jehovahs Witnesses etc..

[ProgRocker]

What a nightmare!

 

Hope that you get this sticky situation sorted soon, jnoiles.

[warren t claim]

As technically it's your car I'd get a set of keys made up....

 

Mr warren claim

4,685

Four Thousand Six Hundred and Eighty Five Pounds only

 

webuyanycar.com FTW!!!

[Albert Ross]

I see... Duplcate V5C, Merc dealers for the keys, pop round, claim car, Woot!

[warren t claim]

I would do a free credit check with experian if I was you. Just in case someone has taken advantage of having ID in your name.

[Louise2cv]

Seeing as this has gone on, won't you have a CCJ against your name? Does all this mean you've had your ID stolen?

[warren t claim]

Parking tickets and court fines don't normally show up on your credit report.

[jnoiles]

Parking tickets and court fines don't normally show up on your credit report.

 

Yeah, Equifax shows me as clean. No surprise credit cards, mortgages, loans etc. I think this is just an opportunistic mail theif. I moved out, put a redirect on the mail and somehow something got through, someone took the chance. A mate with access to an insurance database tells me that the car is insured at that address as well. So whoever this is has also commited insurance fraud as well. Joy. Spoke to a policeman mate and he's advised me to get all the stuff in the previous post together, then bring it in to a police station, get a police number and report done. Then also let my insurer and the insurance industry association know. I'm also going to forward it to the facilities mgmt people at the old address. If by some weird change this guy is still there it'd be interesting to see what happens.

[jnoiles]

I see... Duplcate V5C, Merc dealers for the keys, pop round, claim car, Woot!

 

Lol. Tempting but I'd rather see the idiot arrested. Although if no one can find him and the car is in the car park........

[morris_ital_lover]

If I was in your situation Id love to going and claim your free mercedes, makin you an instant WINNA... But I suspect that the true VIN plates on it won't match up to what it claims it is.

 

m0rris

[warren t claim]

My money is on the crim concerned not having passed his test in the first place.

 

Report the Mercedes as stolen!