Marston Recovery: What Enforcement Agents Can Do

What Is Marston Recovery?

If a letter or card has arrived from Marston, or an enforcement agent has knocked at the door, it is likely that a court or local authority has instructed the firm to collect a debt. Marston Group (also referred to as Marston Recovery or Marston Holdings) is one of the largest enforcement companies operating in England and Wales, handling unpaid council tax, parking penalties, county court judgements (CCJs), and other civil debts on behalf of creditors.

Being contacted by an enforcement company can feel alarming. The facts below explain how Marston operates within a legal framework, what their agents can and cannot do, what fees apply at each stage, and what options may be available to anyone who receives a notice from them.

UK Debt Team is not affiliated with Marston and this page is not their official website. The information here is based on publicly available legislation and GOV.UK guidance.

Who Instructs Marston?

Marston Group is instructed by a range of creditors including local authorities, HM Courts and Tribunals Service (HMCTS), the Driver and Vehicle Licensing Agency (DVLA), and private parking operators. The type of debt determines which legal powers the enforcement agents hold and what goods, if any, they may take control of.

• Council tax arrears — instructed by a local authority after a liability order is obtained at magistrates' court
• County court judgements (CCJs) — instructed following a High Court Enforcement Officer (HCEO) writ or county court warrant
• Parking penalties — instructed after a penalty charge notice escalates through the Traffic Enforcement Centre
• Vehicle Excise Duty (VED) arrears — instructed by the DVLA
• Child maintenance arrears — instructed by the Child Maintenance Service in some cases

The underlying debt and the court order or warrant behind it are what give enforcement agents their authority to act. An agent cannot simply turn up without a legal instruction from an authorised creditor.

The Three Stages of Enforcement — and the Fees at Each

Under the Taking Control of Goods (Fees) Regulations 2014, enforcement action is divided into three stages, each with a fixed or percentage-based fee that can be added to the debt. These fees are set by Parliament — they are not decided by Marston or any individual enforcement company.

The compliance fee of £75 is charged automatically when the creditor passes the account to an enforcement firm. By the time a notice of enforcement arrives in the post, this fee has already been added. The enforcement fee of £235 applies if an agent physically attends the address — even if no one answers the door and no goods are taken. Understanding this is important: responding to the notice before a visit occurs avoids the additional £235 charge.

If the matter proceeds to sale — meaning goods are removed and auctioned — a further £110 is added, plus 7.5% of the debt value above £1,500. For a £3,000 debt, that percentage element alone would be £112.50 on top of the flat fee, according to the fee regulations published on Legislation.gov.uk.

What Enforcement Agents Can and Cannot Do

Enforcement agents — sometimes still referred to as bailiffs in everyday language — have specific powers defined by the Tribunals, Courts and Enforcement Act 2007 and the associated regulations. These powers vary slightly depending on the type of debt, but the following general rules apply across most civil enforcement.

What enforcement agents can do

• Enter a property through an unlocked door (they cannot force entry for most civil debts, with limited exceptions for certain tax and criminal debts)
• Take control of goods by listing them in a controlled goods agreement (sometimes called a walking possession agreement) — meaning the goods remain in the property but cannot be sold or removed without the debtor's breach
• Remove and sell goods if a controlled goods agreement is breached
• Attend between 6am and 9pm on any day of the week (they cannot attend outside these hours without a court order)
• Clamp a vehicle found on the public highway or on the debtor's premises in some circumstances

What enforcement agents cannot do

• Force entry into a residential property for most civil debts, including council tax, on their first visit
• Take goods that belong to a third party (for example, a partner's vehicle if the debt is solely in one person's name)
• Take exempt goods — including tools of trade up to £1,350 in value, a vehicle needed for employment, clothing, bedding, and basic household furniture
• Enter a property where only a child under 16 or a vulnerable person is present
• Use threatening, abusive, or intimidating language or behaviour
• Claim fees or charges beyond those permitted under the 2014 Regulations

Receiving a Notice of Enforcement — What It Means

Before an enforcement agent can attend a property, they are legally required to send a Notice of Enforcement giving at least 7 clear days' notice (not counting Sundays and bank holidays). This notice is the last point at which the enforcement stage fee of £235 can be avoided by making contact and arranging a payment.

The notice will state the amount owed, the creditor, and the enforcement company's contact details. It does not mean goods will immediately be removed — it means the next step will be an agent attending in person if no arrangement is made. According to GOV.UK guidance, debtors are encouraged to contact the enforcement firm promptly on receiving a notice to discuss whether a payment arrangement can be agreed.

If a payment arrangement (also called an instalment plan) is agreed at the compliance stage, the additional enforcement and sale fees should not be applied, provided the arrangement is kept to. If payments are missed, the enforcement process typically resumes and further fees may be added.

If You Believe Enforcement Agents Have Acted Unlawfully

Enforcement agents, including those working on behalf of Marston, are required to carry a certificate of authorisation issued by a county court. Anyone can ask to see this certificate during a visit. Enforcement agents are also bound by the National Standards for Enforcement Agents published by the Ministry of Justice.

If an enforcement agent has behaved in a way that appears to breach these rules — for example by attending outside permitted hours, claiming fees that are not permitted, or behaving in an intimidating manner — there are formal routes for raising a complaint.

• Marston's internal complaints process — the starting point; the firm is required to have one
• The Enforcement Conduct Board (ECB) — an independent oversight body for the enforcement industry in England and Wales
• The Civil Enforcement Association (CIVEA) — a trade body with a complaints procedure for member firms
• The Financial Ombudsman Service (FOS) — relevant if the underlying debt relates to a regulated financial product
• Your local county court — an application can be made to the court to challenge enforcement action if there are grounds to do so

Underlying Debt Options — Formal Debt Solutions Available in England and Wales

An enforcement notice or visit is a symptom of an underlying debt that has not been resolved at an earlier stage. For some people, dealing with the enforcement action directly by arranging a payment plan is straightforward. For others, the debt in question is one of several unmanageable debts, and a formal debt solution may be worth exploring through a regulated adviser.

Formal options available in England and Wales — depending on individual circumstances — include:

• Debt Management Plan (DMP) — an informal arrangement to repay debts at a reduced monthly rate, typically managed by a debt management firm
• Individual Voluntary Arrangement (IVA) — a legally binding agreement between a debtor and creditors, managed by a licensed insolvency practitioner, usually over five or six years
• Debt Relief Order (DRO) — available to people with low income, minimal assets, and debts up to £50,000 (the limit was raised in June 2024 according to GOV.UK); the £90 application fee was also removed
• Bankruptcy — a formal insolvency process that writes off qualifying debts after a period of one year, subject to eligibility criteria and restrictions

Each of these routes has specific eligibility criteria, implications for credit files, and in some cases costs. None of them can be chosen or assessed without a full review of a person's financial circumstances — something that must be done by a regulated debt adviser, not by an introducer or information service.

Free Debt Advice — Where to Find It

Free, impartial debt advice is available from several regulated organisations in the UK. These services are funded independently and do not charge for their help:

• MoneyHelper (moneyhelper.org.uk) — a government-backed money guidance service
• StepChange Debt Charity (stepchange.org) — provides debt advice and can set up debt management plans
• Citizens Advice (citizensadvice.org.uk) — offers free debt and legal advice in person and online
• National Debtline (nationaldebtline.org) — specialist telephone debt advice for people in England, Wales, and Scotland

These organisations can review the full picture of someone's finances and advise on which, if any, formal solution is appropriate — without charge. For anyone facing enforcement action, speaking to one of these services as early as possible may help clarify the available options before fees escalate further.