Marsdons clamped my car

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Posts: 1
Joined: 14 Sep 2017 07:52

#1 Marsdons clamped my car

Post by Lizakennedysmith » 14 Sep 2017 08:07

i had 2 parking fines that marsdons came knocking on my door for. I paid both fines directly to the council and emailed Marsdons with the receipts stating I had paid.
This morning at 7am a sheriff came knocking and through a closed door informed me that the fees still needed to be paid and I have 1 hour to pay up or he will remove the car.
Do I have to pay these fees? Marsdons did respond to my email saying could I call to arrange paying the fees, when I tried calling the number they provided it doesn't work!
Is there anything I can do? He's still asking for £469

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Schedule 12
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Joined: 30 Jul 2012 21:23
Location: SW1

#2 Re: Marsdons clamped my car

Post by Schedule 12 » 14 Sep 2017 10:38

You are liable for the fees, but the bailiff does not have an enforcement power to recover them.

A bailiff tried to sue a debtor for his fees very recently but the claim failed because the bailiff did not have "locus standi" to bring the claim because the money was owed to his firm and not to him personally.

If the bailiff takes an enforcement step, by removing the car, then you can sue for damages by bringing a cause of action under paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) because the enforcement power ended when the "amount outstanding" was paid. paragraph 6 of Schedule 12 of the TCEA 2007.

Put the car on a neighbours driveway or other private land where you do not live or trade. The bailiff cannot take control of it. He has no power to break entry to any domestic property.
Not a solicitor. I am a paralegal for solicitors bringing proceedings against non-compliant enforcement action.


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