Tricky situation: Marston Holding Group.

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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mladyan
Posts: 2
Joined: 24 Sep 2016 19:59

#1 Tricky situation: Marston Holding Group.

Post by mladyan » 24 Sep 2016 20:53

Hello people,

First of all, I would like to thank you for creating this amazing community that helps people tremendously.

I am currently facing a very tricky situation, therefore I would need some advice on what my next actions should be.

Long story short,I had an outstanding PCN with London Borough of Hammersmith and Fulham (LBHF). I was issued a PCN which I decided to challenge, however, my appeal was rejected. Few months ago, I received a letter stating that I owe the amount of ≈ £120.00. Then I contacted LBHF over the phone asking for more information as I was intending to challenge the PCN further to London Tribunals. I never received the Notice To Owner letter. They told me that I need to reply to them in writing as they have sent just sent me a ''Notice to Owner'' letter to which I have to reply and sent back to them. I never received the letter anyway.

Now, few months forwards, I was away for a month visiting my parents abroad (Between mid-Aust and mid-September), on my return, I was shocked to find that I had two letters from bailiff organisation called ''Marston Holding Limited'' I was shocked to find that the I amount they demanded was $512.00

At this point, I went online and came to realize that I am not the only person having trouble with the above-mentioned bailiff organization. I followed some advise given by jasonDWB for which I am very grateful for. I immediately filled up an OOT form and sent it to the Court.


However, on the 21st of September I woke up getting ready to go to work, and I found my vehicle clamped. Here is the tricky bit.

I received a phone call from an enforcement agent, who told me that if I do not pay the amount of £512.00 my vehicle will be seized within 2 hours. I politely replied to him that I have contacted the Court and I am waiting for an OOT approval, I continued asking if he is okay to bare with me whilst I contact the local Council (LBHF) / Court, double checking on the status of the OOT. To which he replied, '' Well, I wouldn't advise you they usually take weeks to approve an OOT form ( which is a complete LIE). Nevertheless, I explained to him that I do not want to pay and I have to leave to work, he didn't comply and repeated that if I do not pay my vehicle will be seized. I asked the enforcement agent, what would happen is case I pay now and have my OOT form approved, to which he replied - you will be issued with an ''automatic'' refund (another LIE)

Regardless, I paid the amount and he unclamped the vehcile so I can make my way to work. As soon as I arrived in the office, I contacted the Court trying to understand what the status of my OOT request is, to my surprise they informed me that form has been approved the day before, and the Council (LBHF) is now requested to stop any enforcement action again my vehicle. I then contacted the local council (LBHF) informing them of what I was told by the Court. The council replied saying that ''Marston Holding Limited' has been already informed that they should stop any action against my vehicle.

Here is where the nightmare began....

I immediately contacted the bailiff (''Marston Holding Limited'), explained the situation saying that I need to be issued with a full refund, as the Court's decision has been passed to them prior to my payment. They replied that if I want a refund I need to contact the Council asking them to instruct ''Marston Holding Limited' that I need to get a refund. I contacted the Council (LBHF), summarized my conversation with ''Marston Holding Limited', the Council replied saying that I need to deal with ''Marston Holding Limited', as they are not responsible for asking any amount to be refunded on my behalf.

I then contacted ''Marston Holding Limited', and was given a completely different information, this time, saying that they have not received any information regarding the case from the Council. The phone representative was rude and hung up on me. I contacted them again, this time, I spoke with another telephone representative and again SHOCK... She gave me a completely different information regarding the case... At this point, I contacted the Council expressing my frustrations about my phone conversations with ''Marston Holding Limited'... The Council asked me to send them and e-mail with all the information I have.

Now, I am expected to reply to the Council. However, feel that I was deceived to pay. In fact, after reviewing the HM Court & Tribunals Service EX345 document. I came across with the following statement.

' If you think that you do not owe all or part of the money, you need to contact the organisation that is claiming the money from you e.g local council, the Child Support agency or the magistrates' court. The organisation has told the bailiff, enforcement officer or enforcement agent that you owe this money, and it is not up to the bailiff, enforcement officer or enforcement agent to decide that you do not.''

Needless to say, I spent the entire day on the phone dealing with ''Marston Holding Limited' as their telephone representatives were extremely impolite and uninformative. Refusing to provide any assistance, understanding or whatsoever.


I really appreciate you help, as I am not clear on how to proceed with the current situation.


Thank you in advance.

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Schedule 12
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#2 Re: Tricky situation: Marston Holding Group.

Post by Schedule 12 » 24 Sep 2016 21:51

Ignore what Marston tells you.

Do a recovery through the Small Claims Track for everything paid, plus your damages for the loss of use of your car by taking an enforcement action when the enforcement power has ceased under paragraph 8.1 of Practice Direction 75 and provision 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

You bring your cause of action against the COUNCIL under provision 66(5) of Schedule 12.

Here is how to do it. http://www.dealingwithbailiffs.co.uk/Co ... edure.html

Make a witness statement(a first person account of everything that happened) including what Marston told you. The court can make up its own mind their attitude. The court might make a finding that Marston is vexatious. The council pays you and they can sort it out with Marston between themselves.

Do not name Marston as a defendant, they will mess you about. Let the council deal with them.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

mladyan
Posts: 2
Joined: 24 Sep 2016 19:59

#3 Re: Tricky situation: Marston Holding Group.

Post by mladyan » 17 Oct 2016 13:35

Hi jasonDWB,

Thank you for the detailed response. In fact, I got myself access to all the document which can be found in the link you provided.

I started preparing the case as instructed, however in the meantime I received another post letter from the Local Authority – ‘’Hammersmith and Fulham’’ stating that, they (the Local Authority) are aware of the fact that I have made an OOT application to the court, therefore they have decided to oppose my OOT application by replaying to courts' decision.

However, I would like to understand whether I should feel intimidated by this letter, and shall I proceed with the small claim preparation as discussed above. In my opinion I still have a valid case as the local authority is reacting after the fact which doesn't change the current circumstances.

Thank you. Your help is highly appreciated.


P.S I can also scan the latter and send it across, in case more details are required.


Regards,
M

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