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MARSTONS PCN charges - please help!

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  • MARSTONS PCN charges - please help!

    Hi Everyone,

    A friend who's a solicitor recommended this forum as a place where I might get some good advice regarding bailiffs and their charges. She said keep it sweet so here it is:

    I'm a community medical practitioner so I'm always driving around and last year I unknowingly drove through a bus lane three times and received 3 PCNs from the council to my old address.

    As I didn't know about them they were passed to bailiff companies to collect, so when the bailiffs tracked me to my new house I challenged the PCNs with the Northampton CC and the local council (Sheffield).

    Of the three one was dropped and the other two were upheld, as I had not informed the DVLA of my new address in a timely manner apparently.

    Anyway, although I offered to pay the debts directly with the council, they passed them back to bailiffs (Marstons) once the challenges had failed.

    So, on the 1st of April a Mr...... called around and left me an "Important Notice" letter demanding £293.60, of which £194 is "PCN Fines" and £99.60 is "Admin Fees". Then on the 3rd of April he posted a "Removal Notice" letter demanding £596.68, but with no breakdown of the total.

    Two reference numbers at top of both letters shows that he was attempting to collect both of the outstanding PCNs.

    I was away at the time, and when I returned to find both the letters I emailed Marstons to request a written breakdown of fees, when and why they were incurred; and also to inform that my car is an essential part of my job and clamping or removing it would both deprive me of my means of employment and endanger the patients under my care.

    I received an email this morning with this breakdown:

    "Ref .......
    Penalty Charge £97.00
    Letter Fee £11.20
    Attendance / Levy £69.08
    Charges
    VAT £16.06
    Total £193.34

    Ref .......
    Penalty Charge £97.00
    Letter Fee £11.20
    Attendance / Levy £69.08
    Charges
    VAT £16.06
    Total £193.34"

    No other information was provided, just a suggestion I contact their enforcement agent, Mr.......

    So my questions are:

    - do the charges seem reasonable? I was told by my solicitor friend that bailiffs can't charge two Attendance Fees when attending for two separate PCNs on the same visit - is this true?

    - the email that Marstons sent me today is saying I owe them £386.68 in total, so how can Mr...... letters say I owe £293.60 and then £596.68? Is he trying to rip me off?

    - Finally, what do the members recommend as my next step? I want to sort this out and don't mind paying my fines; I do mind getting ripped off though, especially as I've read so many horror stories by other posters on Legal Beagles. My friend said that if they do try and charge too much I could do a form 4 complaint to the council - is this wise?

    Anyway, so much for keeping it sweet, eh? Thanks in advance for any help or advice people can give me. x
    Last edited by mookface; 11th April 2014, 09:58:AM. Reason: typo
    Tags: None

  • #2
    Re: MARSTONS PCN charges - please help!

    Do you have dates on which they have applied the fees? Form 4 is now finished, there is a new process but to be honest I would forget about going down that route.

    Comment


    • #3
      Re: MARSTONS PCN charges - please help!

      Hi Ploddertom,

      Thanks for your fast reply.

      There are no dates mentioned on the email regarding when they applied the fees. The only ones I know about are the Important Notice" letter demanding £293.60 on the 1st of April, and the "Removal Notice" letter demanding £596.68 on the 3rd of April.

      cheers x

      Comment


      • #4
        Re: MARSTONS PCN charges - please help!

        It is always better to have the dates as that way you can argue any charges that have been applied "in error".

        Comment


        • #5
          Re: MARSTONS PCN charges - please help!

          Originally posted by mookface View Post
          Hi Ploddertom,

          Thanks for your fast reply.

          There are no dates mentioned on the email regarding when they applied the fees. The only ones I know about are the Important Notice" letter demanding £293.60 on the 1st of April, and the "Removal Notice" letter demanding £596.68 on the 3rd of April.

          cheers x
          Looks to me like on the removal notice letter you have been charge one Attendance To Remove, the rest are visit fees which would have been for each of the PCNs:

          Visit 1 £30.30 plus VAT (this is 28% of £108.20)

          Visit 2 £38.78 plus VAT (this is 28% of £138.50)

          then one ATR £175.00 plus VAT

          Total 596.68

          The figures stack up.

          As long as there are 24 clear hours between visits, in fact there are 48 hours in between visits, the bailiff has not overcharged you.
          The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

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          It's a dirty job, but someone got to do it!

          My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

          Comment

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