Marston dart charge

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SULLY3265
Posts: 3
Joined: 20 Nov 2017 15:25

#1 Marston dart charge

Post by SULLY3265 » 20 Nov 2017 19:41

Hi all this is my first time posting I am at a loss of what to do next

I received a Marston baillff at my new house when I was at work who clamped my car straight away the car is on hp and parked on a public road, I received a phone call of a neighbour stating it had been clamped.

I returned home as this is the first I had any knowledge of any debt (I had moved house 5 months before) I then call the number on the immobilisation sticker explaining that the car is on hp and I had not any noe the baliff then returned to my address and refused to remove the clamp and tried to force his way past me at the door witch he fallen but did jam his foot in the threshold (damaging the door in the process) after a hour of arguing I was left with no option to pay £425.50 as my parter at the time was 6 months pregnant I didn't want her to be stressed by the situation as we have had a few unlucky pregnancys.

Knowing the informer was not leagal I contacted dealing with bailiffs got some fantastic advice and templates witch I sent to highways England with a complaint about the actions now I got a response out of the alocated time stated on highways England policy but the response was from Marstons!!!!!!

The have admitted that the bailiff was in the wrong and have offered to refund me £425.50 after some argueing the problem is I lost 4 days work as I am self-employed and all my money was tied up in jobs and the customer I was working for that week decided to get someone else in after I explained I could not get there for the rest of the week due to not being able to afford the fuel and materials also the damage done to my door needs repairing (more costs) also for my time spent researching the illegal inforcment etc

So after the back ground

1.who should have responded to my complaint to highways England?

2.is it worth the time and hassle trying to get the loss of earnings and damage to property?

Thanks everyone for your help

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Schedule 12
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#2 Re: Marston dart charge

Post by Schedule 12 » 20 Nov 2017 23:00

SULLY3265 wrote:
20 Nov 2017 19:41
Hi all this is my first time posting I am at a loss of what to do next

I received a Marston baillff at my new house when I was at work who clamped my car straight away the car is on hp
Anything on HP does not carry a beneficial interest with the hirer. You can apply for an interim injunction to recover the vehicle because a court has ruled the hirer has an immediate right of access to it.



[/quote]and parked on a public road, I received a phone call of a neighbour stating it had been clamped.

I returned home as this is the first I had any knowledge of any debt (I had moved house 5 months before)[/quote]

I suspect this is a drive-by ambush clamping: Here is how that works: http://www.dealingwithbailiffs.co.uk/Ba ... R-vans.htm



I then call the number on the immobilisation sticker explaining that the car is on hp and I had not any noe the baliff then returned to my address and refused to remove the clamp and tried to force his way past me at the door witch he fallen but did jam his foot in the threshold (damaging the door in the process)
You can sue for damages because the bailiff attended without giving a Notice of Enforcement. Typically a claim such as this is £500 then £50 a minute yoiu were detailed by the bailiff by having his boot jammed into the door. A court said this amounts to using force against a person to boot the door causing it to be damaged.


after a hour of arguing I was left with no option to pay £425.50 as my parter at the time was 6 months pregnant I didn't want her to be stressed by the situation as we have had a few unlucky pregnancys.
You can do a fee recovery.






Knowing the informer was not leagal I contacted dealing with bailiffs got some fantastic advice and templates witch I sent to highways England with a complaint about the actions now I got a response out of the alocated time stated on highways England policy but the response was from Marstons!!!!!!
Complaining to a company is pointless. Give a letter before action and bring the action under the appropriate legislation, in this case, paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.



The have admitted that the bailiff was in the wrong and have offered to refund me £425.50 after some argueing the problem is I lost 4 days work

That is called special damages. You might have waived your right to bring a claim is you accepted the £425.




as I am self-employed and all my money was tied up in jobs and the customer I was working for that week decided to get someone else in after I explained I could not get there for the rest of the week due to not being able to afford the fuel and materials also the damage done to my door needs repairing (more costs) also for my time spent researching the illegal inforcment etc

So after the back ground

1.who should have responded to my complaint to highways England?
Highways England.



2.is it worth the time and hassle trying to get the loss of earnings and damage to property?

You wont get it if you don't claim it. You can claim for your research as well. There are provisions for it.





Thanks everyone for your help
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

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