Car clamped with no warning

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Joined: 01 Nov 2016 14:41

Car clamped with no warning

Post by JM1976 » 01 Nov 2016 14:58

Hello all

I'm hoping someone may be able to help and/or offer advice. Early this year I got caught going down a bus lane near Leeds city centre. The city was flooded at the time and I just got confused finding another way out. I received a letter a few weeks later, but - and this is totally my fault, and I accept it - completely forgot to pay the fine. However, I did pay it later - it went up to £97, ouch, but as far as I was concerned, that was it.

However, last Thursday morning I woke up to find that my car had been clamped and a notice left on it (Marston Holdings) saying that I owed another £310. This was the first I had heard of it. I rang the number that had been left and said that I had known nothing about this and if I had I would, of course, have sorted it out etc., and asked when I had been sent a letter or other warning. The man on the phone mumbled something about Leeds City Council having emailed and sent letters (which they hadn't - the only correspondence I'd had from LCC was about the original fine). The upshot was that I had to pay the £310 as they were threatening to tow my car away.

(I did ring Leeds City Council and they said that as far as they were concerned everything was over and done with too.)

Am I right in saying that you have to have at least seven days' notice of them calling (I didn't - I've even been through everything received in the post recently to make sure)? If so, does this make what they did invalid?

I'm also aware that they can't clamp on private property, but am not sure if where I live counts. There are various signs to say it's private - it's a complex of apartments and not part of Wakefield City Council; we have different permits, for private car parks. Does anyone know more?

Anyway, hoping someone knows what I should/can do next! I didn't sign anything, btw, and paid on a credit card.


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Schedule 12
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Re: Car clamped with no warning

Post by Schedule 12 » 01 Nov 2016 15:37

If you have allocated parking at your property then the bailiff can clamp on it. Not if you are on someone else's allocated parking.

You can recover the fees but you have to do it in the small claims court.

Here is the legal position on taking an enforcement step after the sum has been paid. ... emand.html

Here is how to take a bailiff company to court. ... edure.html

If you paid a bailiff using a card then this article explains how you can make a Chargeback. You can also consider exploiting the bailiffs unlawful action by making a Postponed Chargeback.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


Phone consultation with me

Enforcement compliance Checklist

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