Help with marstons

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Berni
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#1 Help with marstons

Post by Berni » 30 Oct 2017 13:09

Don't really know what to do my daughter had an unpaid congestion charge , marathons have clamped car about 40 days ago ,they have ignored the fact the car is owned by her father,she has no money no assets and has applied for a DRO they clamped it in a parking bay so has several parking tickets on it. Marstons illegally used a DVLA clamp so last Friday the dvla came across it and as my daughter forgot to keep up the tax on it dvla decided to remove the car without any notice ,they now want £450 for its release.what can my daughter and husband do if marstons hadn't taken their unreasonable action the car would not have been taken by dvla is it right that we should have to pay such a high price for this mistake .Pease help with any advice may be appropriate Tia

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Amy
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#2 Re: Help with marstons

Post by Amy » 30 Oct 2017 13:42

So in actual fact, the car was removed because it had no tax then?

Berni
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#3 Re: Help with marstons

Post by Berni » 30 Oct 2017 14:25

Yes but if the enforcement officer hadn't clamped the car it would not have been on the road

Berni
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#4 Re: Help with marstons

Post by Berni » 30 Oct 2017 14:30

Dvla gave no warning of any action, marstons had taken control of the vehicle

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Schedule 12
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#5 Re: Help with marstons

Post by Schedule 12 » 30 Oct 2017 14:36

Berni wrote:
30 Oct 2017 13:09
Don't really know what to do my daughter had an unpaid congestion charge , marathons have clamped car about 40 days ago ,they have ignored the fact the car is owned by her father,she has no money no assets and has applied for a DRO they clamped it in a parking bay so has several parking tickets on it. Marstons illegally used a DVLA clamp
The wheel clamps used by NSL only have the initials "DVLA" punched into them. They are not DVLA property. They crawl social housing and neighbourhoods and areas with large immigrant populations.

Marston doesn't do DVLA car tax clamping. But they do bid on DVLA enforcement contract tenders.




so last Friday the dvla came across it and as my daughter forgot to keep up the tax on it dvla decided to remove the car without any notice
Unfortunately, the DVLA are allowed to do that with private companies.

,they now want £450 for its release.
If there is no car tax, they got one over you. You cannot even sue for criminal damage. If the car is taxed when it was clamped, then you have redress.

what can my daughter and husband do if marstons hadn't taken their unreasonable action the car
It's not clear what Marston have done apart from clamped your car. If the car is controlled goods on a highway, then the DVLA contractor is the higher authority and that makes Marston technically liable for the untaxed car on a highway if you can show the DVLA in the court proceedings the responsibility of the car transferred to Marston when it took control of it. Showing that evidence is an absolute defence because you are charged with keeping an untaxed vehicle and you didn't. Marston did.

would not have been taken by dvla is it right that we should have to pay such a high price for this mistake. Pease help with any advice may be appropriate Tia
The car tax lapsed after Marston took control of it?

When you are summoned to the magistrate's court, you need to show evidence you were not the keeper on the date the car tax lapsed. The bailiff's inventory notice is sufficient proof that paying a tax on the car that was no longer legally your responsibility. It became the bailiff's responsibility.


Yes but if the enforcement officer hadn't clamped the car it would not have been on the road
It doesn't need to be on the road to be required to be taxed. It's tax or SORN. Your defence grounds, the car is not your responsibility because it was controlled goods. Give the name of the enforcement agent that clamped the car.
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Amy
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#6 Re: Help with marstons

Post by Amy » 30 Oct 2017 15:56

Berni wrote:
30 Oct 2017 14:25
Yes but if the enforcement officer hadn't clamped the car it would not have been on the road
Was the vehicle SORN'd?

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Schedule 12
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#7 Re: Help with marstons

Post by Schedule 12 » 30 Oct 2017 16:15

DVLA wouldn't have clamped it.
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Pote Snitkin
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#8 Re: Help with marstons

Post by Pote Snitkin » 30 Oct 2017 17:17

DVLA didn't clamp it, Marston's did. You can buy DVLA stamped clamps online.

Berni, what evidence do you have that daughter didn't own the car? I assume she's the registered keeper seeing as the CC was in her name. What notices had been received before the clamping?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Amy
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#9 Re: Help with marstons

Post by Amy » 30 Oct 2017 17:53

I know they didn't clamp it, but they removed it because it had no tax and it was already clamped.

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