Marston Car Clamped for Parking Fine

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oludenizdollz
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Joined: 06 Dec 2016 07:03

#1 Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 10:05

Hi
Have had depression and mounting debt problems. I have not opened letters for about 17 months.
I am now having to deal with Marstons who came and clamped my car on 31st October while I was out of the country visiting my son.
I landed back on 1st November and was made to pay £392 for an unpaid parking fee. £157 due tge parking fee and the rest Marstons costs.
He stated he had two others I had to pay another Parking Fee and a tax (at that point I thought he meant HMRC).
He said he would help me by waving the Marston costs for those if I agreed to pay £157 on 1st December and £710 in January.
I desperately needed my car unclamped as my dogs were still in kennels and I also have two ladies with Learning Disability who I am carer for, a daughter with Social Anxiety Disorder who relies on me for transport.

I didn't have the money on 1st December. Yesterday he returned and again clamped my car and a car that is immobile due to suspension problem, flat battery and now out of MOT.

I stated to him that I had two vulnerable adults with LD and other daughter who all rely on me. His response was 'there's public transport.

I messaged him this following advice from a friend :

When you visited me in October, you told me that I had two more parking tickets to pay and you gave me a payment arrangement. At that visit you charged me an enforcement fee of £235. It's my fault entirely that I did not pay the first instalment on 1st December of £157. I simply did not have the funds to do so.
As you are aware , I am a carer for two daughters who have learning difficulties. They both receive high rate care and mobility Disability Living Allowance. Although the car is very old and worth only a few hundred, it is vital for transporting my daughters.

I cannot borrow any money from anyone. I can pay the £157 tomorrow when my benefits payment arrives in my account. I can then pay the next one by weekly instalments in January.

As stated to you I dropped another daughter at her first day at a job this morning. She has NO money and NO means to get home.

Please could you remove the clamp from the Yellow car.
Regards A*****

His response was to repeatedly send this message back:
Please telephone me to discus this Mr N**** enforcement

When I telephoned him he refused payment of £157. I told him he would just have to come and take the cars then.
He stated he would add costs if he did that and they wouldn't cover the debt. He stated that he the £710 debt gave him powers to get a locksmith and break into my house to take furniture


I was able to ascertain yesterday from him that the £710 actually relates to unpaid road tax. I have been able to speak to Courts and they have arranged for me to make a Statutory Decleratio in 21st December as I was not aware of these offences and would have attended Court if I did. I have been informed to tell the baliff this should he return to try and enforce this.

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Schedule 12
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#2 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 10:18

The bailiff is ripping you off.

When there are multiple enforcement powers against the same debtor, the bailiff can only charge £235 enforcement stage fee once.

He separated the enforcement powers and clamped and re clamping your car to defraud you of £235 a time.

The law is regulation 11 of the Taking Control of Goods (Fees) Regulations 2014.
  • 11.—(1) This regulation applies for the purpose of calculating the fees and disbursements payable to the enforcement agent in accordance with regulations 4, 8, 9 and 10 in a case where—
    • (a)the enforcement agent receives instructions to use the procedure under Schedule 12 in relation to the same debtor but in respect of more than one enforcement power; and
      (b)those enforcement powers can reasonably be exercised at the same time.

    (2) In paragraph (1)(b), “can reasonably be exercised at the same time” means in particular—
    • (a)taking control of goods in relation to all such enforcement powers on the same occasion; and
      (b)selling or disposing of all goods so taken into control on the same occasion,

    except where it is impracticable to do so.
    (3) The enforcement agent may recover the compliance stage fee in respect of each enforcement power to which the instructions relate.
    (4) Where paragraph (1) applies, the fee recoverable in respect of the enforcement stage (or stages) and the sale or disposal stage respectively is to be calculated as follows—
    • (a)the fixed fee for each stage may be recovered only once regardless of the number of enforcement powers to which the instructions relate;
      (b)the amount in relation to which the percentage fee for each stage, if any, i
    s to be calculated is the total amount of the sums to be recovered under all enforcement powers to which paragraph (1) applies.


    (5) Where this regulation applies, the enforcement agent must, as far as practicable, minimise the disbursements recoverable from the debtor under these Regulations by dealing with the goods taken into control pursuant to the instructions together and on as few occasions as possible.
The bailiff has done precisely the opposite.

You can do a fee recovery using the small claims track. This article gives a summary of the procedure for bringing a claim in the small claims court.

Run the Traffic Debts enforcement compliance check.
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Author: dealingwithbailiffs.co.uk

oludenizdollz
Posts: 9
Joined: 06 Dec 2016 07:03

#3 Re: Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 10:35

How do I get my car unclamped. I need it urgently as I cannot carry out my responsibilities without it.

I have rung the Council who issued the fine and they will not accept payment said I must deal with the baliff.
He is insistent on the full £392.
Shall I message him and inform him that I have been in touch with the Courts booked in for a Statutory Declaration on 21st December regarding the £710 ?

Shall I ring Marston main number and try to pay £157 ???

The other advise I have received is to put in an appeal against the original Parking Fine

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#4 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 10:49

A clamp is a catch-22. He got you over a barrel.

If you can find an irregularity with the clamping, then you can injunct the bailiff under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and have the clamp removed.

See if any of these apply: http://www.dealingwithbailiffs.co.uk/clamping.html

Appeal the PCN. That only suspends enforcement. It doesn't terminate it. However, the risk is with the bailiff. If the appeal comes out in your favour, then you claim damages for deprivation of use of the car. Plan your appeal carefully.

You can do a Pay & Reclaim. It gets the clamp off, and you can recover damages free of liability at your leisure.
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oludenizdollz
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#5 Re: Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 11:29

Ok
Thank you.
I have contacted Marston themselves having read this stuff.At first she stated that there was nothing they could do to interfere with the enforcers as they just employ them. That he could charge a further enforcement fee as there were three separate offences.
I stated that that doesn't comply with regulations as he initially came for three warrants and made his charge at that point. She looked on system and saw that I've made a Statutory Declaration application on the £719 Road Tax one so that was on hold no action can be taken.
She tried to say he could still make charge for the second and I stated that I had been advised and looked at the regulations and he couldn't.

I then stated that as my job is as a Carer for two ladies with recognised LD who live with me and rely on me for safe transportation he should not have clamped my car as it is essential to my employment as a Carer.
I also stated that I had informed the baliff of this on his first visit. That yesterday when he returned and was threatening to clamp the car I had informed him of that again and also that I had dropped other daughter off in town and she had no money and would not be able to get home and he stated that 'there is public transport'. She said 'oh well you will have to put in a complaint about that'
She then said she needed to go look into all this further and would ring me back. She then rang back and said that she had negotiated with Mr N****the charges would dropped and as soon as I paid the original £157 my car would be unclamped.
I have paid the £157 and have reference number and been assured he will come and unclamp.

I suspect they now know they have illegally clamped ???

oludenizdollz
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#6 Re: Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 11:38

jasonDWP

They have stated the guy is in a different part of the city now but that he will come and unclamp and it will be no later than 3.30.

Can I do a Pay and Reclaim on this and the previous charge he put on me at the beginning of November? I made it clear to the time that I was struggling with depression myself, that there were vulnerable adults in the household for whom I was Carer and who were dependent on me and my car.

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#7 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 11:45

Yes, you can claim damages. The provision is Paragraph 66 of Schedule 12 of the TCEA 2007.

You can claim for the time the clamp was used, until the time the clamp was removed. Get it on video, and that will (should) correlate with the bailiffs bodycam footage.
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oludenizdollz
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#8 Re: Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 11:56

Ok
Video him removing it ??

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#9 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 12:02

Yes.

You need to record the time, and evidence of who clamped it in the first place.
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oludenizdollz
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#10 Re: Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 12:06

Thank you.
I have the forms he left me this time and the first time.
I've also got saved any messages between us ....where I ask him to come and unclamp etc.
What I don't have is any recording of telephone calls where he insisted on a phone call rather than give a written response to messages.

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#11 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 12:20

Download ACR Pro on your Android phone (£2.99) and call him again and go over again what was previously discussed. Otherwise communicate by text and include his name and mobile number in the body of the message. That is always accepted by the court. Useful if you are giving an unwilling bailiff a notice.

IPhones have been rigged by Apple to prevent calls being recorded without the other party knowing.
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oludenizdollz
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#12 Re: Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 12:54

He has been and unclamped.
I doubt he will engage with me now as he noticed me videoing him removing the clamp

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#13 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 13:03

Goody gumdrops.

Another bailiff bites his tongue.
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