bailiffs notice - highways England
Discussion
Hi everyone,
This morning I have come around to my old flat (moved out many months ago but still on the market) to check the place over etc.
On the doormat was a 'final notice' from Marston Holdings regarding their client Highways England so I think it must relate to a DART charge on the Dartford crossing.
Life has been hectic the past while as wife has cancer etc, I have periodically picked up post from old address and thought everything was in order but I've obviously missed many letters regarding this charge.
I'm not trying to wriggle out of it by any means but this is the first time it's come to my attention and wondered if there's any way I can stall things at this stage (the fine on the notice is VERY hefty and I would need a day or two to be able to pay unfortunately) - the notice, which is dated from Monday this week, states they will come back to seize goods...there isn't much left in the flat of any value, no electrical items or jewellery/watches, no art of any value etc...just some pretty invaluable furniture and odds and ends.
I suppose my main two queries are:
Can the bailiffs force entry to take anything in the property? Can they break in, with the help of a locksmith or the police?
Am I in any position to stall the process with Highways England for a week or so?
As above, I'm not trying to wriggle out of any payment (though the fine is horrendous!) but I would need a day or two to be able to pay and am concerned about bailiffs forcing entry when the property is on the market and I can't be there very often.
Many thanks in advance for any words of wisdom.
This morning I have come around to my old flat (moved out many months ago but still on the market) to check the place over etc.
On the doormat was a 'final notice' from Marston Holdings regarding their client Highways England so I think it must relate to a DART charge on the Dartford crossing.
Life has been hectic the past while as wife has cancer etc, I have periodically picked up post from old address and thought everything was in order but I've obviously missed many letters regarding this charge.
I'm not trying to wriggle out of it by any means but this is the first time it's come to my attention and wondered if there's any way I can stall things at this stage (the fine on the notice is VERY hefty and I would need a day or two to be able to pay unfortunately) - the notice, which is dated from Monday this week, states they will come back to seize goods...there isn't much left in the flat of any value, no electrical items or jewellery/watches, no art of any value etc...just some pretty invaluable furniture and odds and ends.
I suppose my main two queries are:
Can the bailiffs force entry to take anything in the property? Can they break in, with the help of a locksmith or the police?
Am I in any position to stall the process with Highways England for a week or so?
As above, I'm not trying to wriggle out of any payment (though the fine is horrendous!) but I would need a day or two to be able to pay and am concerned about bailiffs forcing entry when the property is on the market and I can't be there very often.
Many thanks in advance for any words of wisdom.
thanks both for your replies.
The notice states £616 but that was two days ago and stated it had to be paid IMMEDIATELY to not increase...woe is me haha. Staggering how they ramp these fines up but such is life I suppose.
I had been advised by a friend who has some experience in such things to not deal with the bailiff at this stage and to deal directly with Highways England, not sure if there's any reason to what he says.
They've proved difficult to get hold of so far this morning, or at least get any sense from, and I'm just really after a stay of execution for X number of days to get it sorted and the thought of the property getting broken into is at the forefront of my mind.
I'm not well up on these things, if it has gone to bailiff stage does that mean it has already gone to a court ? so they have a court order to seize goods if payment isn't made? or is that the next stage if they can't get payment from me?
Thanks again.
The notice states £616 but that was two days ago and stated it had to be paid IMMEDIATELY to not increase...woe is me haha. Staggering how they ramp these fines up but such is life I suppose.
I had been advised by a friend who has some experience in such things to not deal with the bailiff at this stage and to deal directly with Highways England, not sure if there's any reason to what he says.
They've proved difficult to get hold of so far this morning, or at least get any sense from, and I'm just really after a stay of execution for X number of days to get it sorted and the thought of the property getting broken into is at the forefront of my mind.
I'm not well up on these things, if it has gone to bailiff stage does that mean it has already gone to a court ? so they have a court order to seize goods if payment isn't made? or is that the next stage if they can't get payment from me?
Thanks again.
Edited by robsav on Wednesday 18th October 10:53
Marstons are High Court Enforcement Agents (formerly High Court Sherrifs). They do have more power than Bailiffs, but cannot force entry into a residential dwelling. They can only make peaceful entry (i.e. if someone lets them in, leaves the door open, window open etc.) so make sure windows and doors are closed.
Make contact with them and explain the situation. I've dealt with Marstons (from a client perspective) and they tend to be quite reasonable if you explain to situation. Usually accepting part payment and a payment plan thereafter.
Hope that helps and good luck.
Make contact with them and explain the situation. I've dealt with Marstons (from a client perspective) and they tend to be quite reasonable if you explain to situation. Usually accepting part payment and a payment plan thereafter.
Hope that helps and good luck.
MikeDrop said:
Marstons are High Court Enforcement Agents (formerly High Court Sherrifs). They do have more power than Bailiffs, but cannot force entry into a residential dwelling. They can only make peaceful entry (i.e. if someone lets them in, leaves the door open, window open etc.) so make sure windows and doors are closed.
Make contact with them and explain the situation. I've dealt with Marstons (from a client perspective) and they tend to be quite reasonable if you explain to situation. Usually accepting part payment and a payment plan thereafter.
Hope that helps and good luck.
much appreciated, thank you Mike. Made sure place was fully secure before I left...I had left a couple of small, generally inaccessible, windows open a touch to try and keep the place aired but you never know how small these guys might be so closed them haha.Make contact with them and explain the situation. I've dealt with Marstons (from a client perspective) and they tend to be quite reasonable if you explain to situation. Usually accepting part payment and a payment plan thereafter.
Hope that helps and good luck.
Appreciate your touch of 'insider' knowledge, made me feel slightly more happy to speak to them directly, thank you again.
hondansx said:
Despite the reputation, bailiff companies are reasonable - they are working on behalf of a client and don't want any hassle.
Just checking you haven't already had a court letter and lost?
I'm not even sure mate...like I say, have tried to keep on top of the post but between not being there much, post going to wrong people and getting binned (shared front door) and everything I have obviously missed some important stuff Just checking you haven't already had a court letter and lost?
Have spoken to Highways and someone is going to come back to me ASAP...thanks again everyone for the input, appreciate it.
So I am guessing Bailiffs are involved as the case has already gone to court, and you lost by default, as you never saw the letters?
Would it not be best to have it set aside, then settle without the Bailiff fees? Someone may have a bit more knowledge than me, but if that's possible, it may well be cheaper....
Would it not be best to have it set aside, then settle without the Bailiff fees? Someone may have a bit more knowledge than me, but if that's possible, it may well be cheaper....
To be realistic, they can only enforce at the address on the CCJ.
However, the CCJ will be in your name and that won't alter. In order to proceed they would need a new enforcement order at your current address, they cannot simply decide to enforce elsewhere.
You could make application to the CC to set the judgement aside in view of the fact that the original claim was sent to an invalid address, then you could settle it before it went for a new hearing, probably at the original charge rather than the inflated one.
If the vehicle is still registered at the old address you could sell it and never put your new address into the DVLA linked to that vehicle. In that case the claimants would probably just give up, although technically the CCJ would still be in your name, but not at your address.
It's up to you to decide whether to 'tough it out' and simply ignore it, or take positive action to minimise the cost.
However, the CCJ will be in your name and that won't alter. In order to proceed they would need a new enforcement order at your current address, they cannot simply decide to enforce elsewhere.
You could make application to the CC to set the judgement aside in view of the fact that the original claim was sent to an invalid address, then you could settle it before it went for a new hearing, probably at the original charge rather than the inflated one.
If the vehicle is still registered at the old address you could sell it and never put your new address into the DVLA linked to that vehicle. In that case the claimants would probably just give up, although technically the CCJ would still be in your name, but not at your address.
It's up to you to decide whether to 'tough it out' and simply ignore it, or take positive action to minimise the cost.
Trax said:
So I am guessing Bailiffs are involved as the case has already gone to court, and you lost by default, as you never saw the letters?
Would it not be best to have it set aside, then settle without the Bailiff fees? Someone may have a bit more knowledge than me, but if that's possible, it may well be cheaper....
I assume so, I know so little about these things unfortunately (or fortunately!) as doesn't play any part of my job and have managed to never be in the situation before in personal life. Assume bailiffs have to have a court order if they're threatening to take possessions? Would it not be best to have it set aside, then settle without the Bailiff fees? Someone may have a bit more knowledge than me, but if that's possible, it may well be cheaper....
OP
pepipoo.com are your friends
First look up similar cases re CCJ in the search thread to get an idea
Put it in the Council thread, and get their opinion
These guys are the modern day Robin Hoods so to speak.
They do everything by the book and advise numpties like me the correct procedure.
If you ever saw the BBC on Parking a few months ago, you may recall a chap called Mr Mustard.
He is one of the guys giving advice
They do not like chanchers or people who just sit back and expect them to do all the work.
Tell them the truth, dont fudge and they will support you
Bugger them about and you are on your tod
pepipoo.com are your friends
First look up similar cases re CCJ in the search thread to get an idea
Put it in the Council thread, and get their opinion
These guys are the modern day Robin Hoods so to speak.
They do everything by the book and advise numpties like me the correct procedure.
If you ever saw the BBC on Parking a few months ago, you may recall a chap called Mr Mustard.
He is one of the guys giving advice
They do not like chanchers or people who just sit back and expect them to do all the work.
Tell them the truth, dont fudge and they will support you
Bugger them about and you are on your tod
Cooperman said:
To be realistic, they can only enforce at the address on the CCJ.
However, the CCJ will be in your name and that won't alter. In order to proceed they would need a new enforcement order at your current address, they cannot simply decide to enforce elsewhere.
You could make application to the CC to set the judgement aside in view of the fact that the original claim was sent to an invalid address, then you could settle it before it went for a new hearing, probably at the original charge rather than the inflated one.
If the vehicle is still registered at the old address you could sell it and never put your new address into the DVLA linked to that vehicle. In that case the claimants would probably just give up, although technically the CCJ would still be in your name, but not at your address.
It's up to you to decide whether to 'tough it out' and simply ignore it, or take positive action to minimise the cost.
interesting, thank you. I could do without any more hassle at the minute so 99% of me wants to get it sorted out with no chance of legal repercussion...younger me would have most likely thrown it in the bin and hastily decided to moved to Panama haha. However, the CCJ will be in your name and that won't alter. In order to proceed they would need a new enforcement order at your current address, they cannot simply decide to enforce elsewhere.
You could make application to the CC to set the judgement aside in view of the fact that the original claim was sent to an invalid address, then you could settle it before it went for a new hearing, probably at the original charge rather than the inflated one.
If the vehicle is still registered at the old address you could sell it and never put your new address into the DVLA linked to that vehicle. In that case the claimants would probably just give up, although technically the CCJ would still be in your name, but not at your address.
It's up to you to decide whether to 'tough it out' and simply ignore it, or take positive action to minimise the cost.
silverfoxcc said:
OP
pepipoo.com are your friends
First look up similar cases re CCJ in the search thread to get an idea
Put it in the Council thread, and get their opinion
These guys are the modern day Robin Hoods so to speak.
They do everything by the book and advise numpties like me the correct procedure.
If you ever saw the BBC on Parking a few months ago, you may recall a chap called Mr Mustard.
He is one of the guys giving advice
They do not like chanchers or people who just sit back and expect them to do all the work.
Tell them the truth, dont fudge and they will support you
Bugger them about and you are on your tod
Thank you very much, will check it out. pepipoo.com are your friends
First look up similar cases re CCJ in the search thread to get an idea
Put it in the Council thread, and get their opinion
These guys are the modern day Robin Hoods so to speak.
They do everything by the book and advise numpties like me the correct procedure.
If you ever saw the BBC on Parking a few months ago, you may recall a chap called Mr Mustard.
He is one of the guys giving advice
They do not like chanchers or people who just sit back and expect them to do all the work.
Tell them the truth, dont fudge and they will support you
Bugger them about and you are on your tod
MikeDrop said:
Marstons are High Court Enforcement Agents (formerly High Court Sherrifs). They do have more power than Bailiffs,
They are only entitled to use the HCEA title and extra powers when acting on behalf of the high courts on a high court judgement.The OP has not even mentioned this getting to the point of a CCJ yet.
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