Marston Car Clamped for Parking Fine

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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oludenizdollz
Posts: 9
Joined: 06 Dec 2016 07:03

#1 Marston Car Clamped for Parking Fine

Post by oludenizdollz » 06 Dec 2016 10:26

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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Joined: 30 Jul 2012 21:23
Location: London WC2
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#2 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 12:08

oludenizdollz wrote:Hi
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.
No no no!

Do NOT go to court to make a statutory declaration.

You make a statutory declaration and send it to court by recorded delivery. The proceedings are invalid the moment the declaration is delivered by post. They just want to get you into court to re-convict you with a kangaroo proceeding knowing you will be unprepared to defend it.

If the Court manager wants to revive the original complaint, he can summon you. He must list a directions hearing and the prosecutor must give you the evidence for what you are accused, and allow you time to plan your defence.

Meanwhile, your statutory declaration can be sworn before any local solicitor, the fee is £5 and take photo ID with you. Here is a Template.. I say again, it must be sent by recorded delivery.
Run this Checklist. If no joy, then we'll fix it
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 12:51

Ok
Thank you for that.
I will get that sorted this week.

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Schedule 12
Posts: 13227
Joined: 30 Jul 2012 21:23
Location: London WC2
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#4 Re: Marston Car Clamped for Parking Fine

Post by Schedule 12 » 06 Dec 2016 13:09

Do it now. The enforcement power remains live until it's sworn in and posted.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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