Penalty Charge Marston letter

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
Adamot
Posts: 4
Joined: 14 Dec 2017 09:45

Penalty Charge Marston letter

Post by Adamot » 14 Dec 2017 09:58

Good Morning,

I arrived home thismorning to find a lovely letter from the friendly people at marstons.

" a warrant has been issues by northampoton county court "
"penalty Charge "
"04-07-2014"
"Southend on sea"

I thought this a bit strange as i did own the vehicle with that reg but sold it in 2013 and moved abroad in 2014.
so i just gave them a call was on the phone for 35 minutes waiting then spoke for about 5minutes.

"appently on there system was or am still the keeper of this vehicle.

then asked me to pay them the £157. I said no.

she than said they can chase me abroad for it. i said no.

this lasted a couple of minutes back and forth then she hung up."

any helpfull advise would be great.

User avatar
Pote Snitkin
The Watcher
Posts: 6782
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

Re: Penalty Charge Marston letter

Post by Pote Snitkin » 14 Dec 2017 10:09

You're out of their jurisdiction. Contact DVLA to find out why the car is still registered in your name and rectify it.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Adamot
Posts: 4
Joined: 14 Dec 2017 09:45

Re: Penalty Charge Marston letter

Post by Adamot » 14 Dec 2017 10:26

Have contacted the DVLA the car has been scrapped in september 2014

i explained what had happened and they said they will look into it and get back to me.

Adamot
Posts: 4
Joined: 14 Dec 2017 09:45

Re: Penalty Charge Marston letter

Post by Adamot » 14 Dec 2017 10:28

i filled out the v5, posted it and then that month we moved. im sure i posted it .

User avatar
Pote Snitkin
The Watcher
Posts: 6782
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

Re: Penalty Charge Marston letter

Post by Pote Snitkin » 14 Dec 2017 11:16

That's all you can do. DVLA are notorious for losing things, that's why I recommend all changes are done online. I'm sure someone with a brain cell between these people could see who insures the car and where they live,

Like I said, they can't enforce on the IOM with the warrant they've got and they know it.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Adamot
Posts: 4
Joined: 14 Dec 2017 09:45

Re: Penalty Charge Marston letter

Post by Adamot » 14 Dec 2017 11:33

thansk for the info, snitkin.

im also curious about where the order was issued, why was it issued in northampton, when the council is southend, its pretty far away? does it matter?

User avatar
Pote Snitkin
The Watcher
Posts: 6782
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

Re: Penalty Charge Marston letter

Post by Pote Snitkin » 14 Dec 2017 11:37

Northampton is just the business centre for PCNs. They all get processed there.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Arty
Posts: 7
Joined: 14 Dec 2017 19:14

Re: Penalty Charge Marston letter

Post by Arty » 14 Dec 2017 20:04

I bought a car in june this year and since being the owner i changed details of road tax, insurance and also green slip as proof of ownership, now when i bougght the car, 3 dayd exactly it was clamped, reasona being that there were some debt on the vehicle aquired by the previous owner, now sticky situation. Late October of this year my car happened to have been seized by marston as the car was still showing as the previous owner, logbook clearly was not rrcieved by dvla. Soo marston ordered me to file a cpr85 claim and a third party claim in which i did, 7 weeks of marston holding my car at their pound and doing what they asked for me to do, logbook has finally been changed over in my name and also given them a court stamp to show my claim has been put before the courts in which they asked for, anyways going forward my solicitor has been going back and fourth via email, marston stating they need to see court documents or they will sell the car, and now unfortunately for me,they said they have sold my car at the expense of the previous debtor which i have no ties with.
I have shown documents that i am not the debtor nor do i have any correspondace. road tax,insuranc3,logbook, green slip everrything changed over. To make things worse they have sold my car with the content of what is inside. This has got to be illegal.

Is there anything i can do?

User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

Re: Penalty Charge Marston letter

Post by Schedule 12 » 15 Dec 2017 00:10

Arty wrote:
14 Dec 2017 20:04
I bought a car in june this year and since being the owner i changed details of road tax, insurance and also green slip as proof of ownership, now when i bougght the car, 3 dayd exactly it was clamped,

You need to make an interpleader claim. You can have a solicitor do this for you and the other party pays your costs. The only catch is you must give the bailiff company an opportunity to return the car to you before throwing money at lawyers.

Here is how its done: http://www.dealingwithbailiffs.co.uk/interpleader.htm

If the bailiff company "invites" yoiu to make a "CPR85 claim" then you can instruct a solicitor straight away and they pay your costs. That is what happened to Marston (a bailiff company) a few weeks ago when a hapless bailiff told a client "make a CPR85 claim". The call was recorded on his phone uising an app. The client Googled it and found me and I passed it to a solicitor and on came a nice big bill. The bailiff company is now quibbling over the costs and the damage caused to the car that was taken.



reasona being that there were some debt on the vehicle aquired by the previous owner, now sticky situation. Late October of this year my car happened to have been seized by marston as the car was still showing as the previous owner, logbook clearly was not rrcieved by dvla. Soo marston ordered me to file a cpr85 claim
That seems to be their MO. They know debtors will have no isea what a CPR85 claim is, so they Google it, and here you are.




and a third party claim in which i did, 7 weeks of marston holding my car at their pound and doing what they asked for me to do, logbook has finally been changed over in my name and also given them a court stamp to show my claim has been put before the courts in which they asked for, anyways going forward my solicitor has been going back and fourth via email, marston stating they need to see court documents or they will sell the car, and now unfortunately for me,they said they have sold my car at the expense of the previous debtor which i have no ties with.
You can still interplead a car that has been sold. The sale is undone by the court and you get it back. This is called interpleading "executed goods". You may have to claim damages if the car has been altered, or damaged since the bailiff took control of it.




I have shown documents that i am not the debtor nor do i have any correspondace. road tax,insuranc3,logbook, green slip everrything changed over. To make things worse they have sold my car with the content of what is inside. This has got to be illegal.

Is there anything i can do?

You can still make an interpleader claim. It doesn't matter if the car is sold. You do have the choice of recovering damages being the cost of replacing the car and the time you have been deprived of it. Courts are random with awarding the daily rate you can claim for the loss of use of a car. Some allow £25 a day, others allowed over £100 a day, but typically a claim is tapered, which is £100 per day for the first 7 days then £50 a day for next 30 days then £25 a day thereafter. Bailiff companies try to argue the value of the car is the auction value, that is true, but you can also recover the disbursements paid replacing your car on a like for like basis plus your loss of use. These are called Special Damages.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Arty
Posts: 7
Joined: 14 Dec 2017 19:14

Re: Penalty Charge Marston letter

Post by Arty » 15 Dec 2017 02:24

So cpr85 and a interpleader claim are completely different then?

Arty
Posts: 7
Joined: 14 Dec 2017 19:14

Re: Penalty Charge Marston letter

Post by Arty » 15 Dec 2017 02:31

Is it by law that the bailiff need to show me the proof of sale as they could simply be bluffing, i mean if the car has been sold, what is the next step, interpleader claim right?

User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

Re: Penalty Charge Marston letter

Post by Schedule 12 » 15 Dec 2017 12:44

Arty wrote:
15 Dec 2017 02:24
So cpr85 and a interpleader claim are completely different then?
CPR85 is an interpleader claim. CPR means Civil Procedure Rule 85 which sets the rules for making a claim and the practice direction 85 sets the procedures.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

Re: Penalty Charge Marston letter

Post by Schedule 12 » 15 Dec 2017 12:45

Arty wrote:
15 Dec 2017 02:31
Is it by law that the bailiff need to show me the proof of sale as they could simply be bluffing, i mean if the car has been sold, what is the next step, interpleader claim right?



Paragraph 40 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
  • 40(1)Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.

    (2)Regulations must state—

    (a)the minimum period of notice;




The regulations say the enforcement agent must give 7 days notice before selling the car. Regulation 37 of the Taking Control of Goods Regulations 2013. http://www.legislation.gov.uk/uksi/2013 ... on/37/made

  • Minimum period before sale
    37.—(1) Subject to paragraph (2), the minimum period before sale required by paragraph 39 of Schedule 12 is 7 clear days from removing controlled goods for sale.

    (2) Sale may take place on the day after removing controlled goods for sale where, if the sale were to take place after the expiry of the period of time referred to in paragraph (1), the goods would become unsaleable, or their sale value would be extinguished or substantially reduced due to the nature or any characteristic of those goods.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Arty
Posts: 7
Joined: 14 Dec 2017 19:14

Re: Penalty Charge Marston letter

Post by Arty » 15 Dec 2017 13:30

:xmas_exclaim:

Arty
Posts: 7
Joined: 14 Dec 2017 19:14

Re: Penalty Charge Marston letter

Post by Arty » 15 Dec 2017 13:57

So my solicitor has just been told by the county court where we issued the cpr85 claim that the jury is in favour of the bailiffs due to the time of when the car was first clamped in june up untill when they seized my car in october, jury says as am the new keeper its my responsibility to have stayed on top to have made sure the car was in my name in between those four months, so now if the claim looks like it won't be in my favour, as my car has already been sold and jury seems to be on the side of the bailiff, understanding why they took it, do i just suck it up and take the cash loss or is there still something i can do?

User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

Re: Penalty Charge Marston letter

Post by Schedule 12 » 15 Dec 2017 14:04

Arty wrote:
15 Dec 2017 13:57
So my solicitor has just been told by the county court where we issued the cpr85 claim that the jury is in favour
CPR85 proceedings are not determined by a jury. That is crown court procedure


[/quote] of the bailiffs due to the time of when the car was first clamped in june up untill when they seized my car in october, jury says as am the new keeper its my responsibility to have stayed on top to have made sure the car was in my name in between those four months, so now if the claim looks like it won't be in my favour, as my car has already been sold and jury seems to be on the side of the bailiff, understanding why they took it, do i just suck it up and take the cash loss or is there still something i can do?
[/quote]

You can still interplead a car that has been sold. Or you can claim the cost of replacing it with like for like.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Arty
Posts: 7
Joined: 14 Dec 2017 19:14

Re: Penalty Charge Marston letter

Post by Arty » 20 Dec 2017 23:12

So i am still waiting on the status of my vehicle in writing, Marston claim to have sold my car but are failing to show me proof of sale on paper. To also add to that, marston have told me that they will send the proof of sale to the owner, which on dvla records happens to be me, are they bluffing about selling my car because since they said they have sold my car over the phone they have not given me this in writing, as i am the owner and according to enforcement regulations they must give notice to any co owners, i need that letter in writing so i know what my next steps as my cpr85 file was looked in favour for the bailiff.. what do i do?

Arty
Posts: 7
Joined: 14 Dec 2017 19:14

Re: Penalty Charge Marston letter

Post by Arty » 20 Dec 2017 23:24

When the bailliff is replying through email when i am asking for proof of sale that '

a notice of sale will go to the owner of the vehicle to confirm the sale detailes"

Are they being cheeky because they have sold my car to somebody now stating i am not the owner even though i am on the DVLA computerdatabase and again not the debtor with whom they are after... Marston are the real fraudsters and i won't let them off lightly they are bending rules against what is written in the regulations.

User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

Re: Penalty Charge Marston letter

Post by Schedule 12 » 21 Dec 2017 18:37

You can make a claim under section 3 of the Torts (Interference with Goods) Act 1977 because it gives you a choice to recover the damages for the cost of replacing the vehicle and damages for deprivation of its use. This is done in the small claims track.

http://www.dealingwithbailiffs.co.uk/Co ... edure.html
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Post Reply