TFL fine Car clamped on finance

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#1 TFL fine Car clamped on finance

Post by dlbates27 » 23 Nov 2017 12:45

Marston have clamped my car for a tfl fine and are refusing to remove it, my car is on finance and I need it for work, they said a new law has been passed on the 1st of November that they don’t have to remove it, I told them they have 2 hours to remove it or I will they are aware of the finance and Are refusing to.

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Pote Snitkin
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#2 Re: TFL fine Car clamped on finance

Post by Pote Snitkin » 23 Nov 2017 15:06

Not aware of any new law. If the car is on HP it remains the property of the HP company until the final payment. Contact the creditor (TfL) and ask them to intervene.

In the meantime, ask Marston's what this new law is.
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Schedule 12
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#3 Re: TFL fine Car clamped on finance

Post by Schedule 12 » 23 Nov 2017 17:53

There has been no briefing note that states goods not belonging to the debtor may be taken into control. It would contradict paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 which states:

  • 10An enforcement agent may take control of goods only if they are goods of the debtor.

Over the years bailiff companies have tried taking control of financed goods with disastrous results. Marston tried to persuade a finance company to breach the agreement and allow them to take the car but the finance company got sued by the hirer.

An over-zealous solicitor actually succeeded in persuading a judge that hirer has beneficial interest in the finance goods, but the same solicitor became royally unstuck when he tried it again but the judge saw through it and ruled the hirer had an immediate right of access to his finance goods - a vehicle and ordered it to be returned.

If a vehicle on finance has been clamped or removed then you can get an injunction and order the bailiff company to immediately release and deliver up the goods to the hirer and you can recover costs.

It's too risky for a bailiff to take control of financed goods.
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#4 Re: TFL fine Car clamped on finance

Post by dlbates27 » 24 Nov 2017 06:36

Thanks guys will keep you posted, gonna get to the bottom of this today

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