Marton towed my car while I was away for a few days.

[Teio]

Hi,

I have been away for a few days and when I came yesterday, I noticed my car was gone. I obviously freaked out and called Police who advised me to call TRACE, I did it and there was no entry on their database about my car. There was no letter, or phone call, email, SMS or anything to let me know that my car was taken by Marston. Not a single notice. For all I knew, my car was stolen.


I then called Police back, and they were able to find out that Marstons took my car. I called them immediately and was told that it was due to a PCN issued last year by Kensington and Chelsea council. I have no recollection of ever receiving a PCN there, but I have been to the Chelsea Hospital to support a friend who was 9 months pregnant and feeling contractions. The address and date matches, so it must have been that, there was no PCN on my windscreen though.

I then told them that I have never received any letter from Marstons regarding this, neither before they took the car nor after. Their reply was that they didn't need to do that, because the Council have done it already, and they were given the warrant to control the vehicle, so they went ahead and did that. They said that the Council has sent me 4 letters asking for payment.

After speaking to Marstons, I decided to comb my old letters to see if I find any communication from the Council and I found only 1 letter. Sent in October last year, exactly 3 days after my younger brother died, so it must have gone unnoticed by me during that emotional storm.

I have sent an email to the Council saying basically the same thing I wrote above. Got a reply saying they have forwarded it to the Parking team and they will reply in due course, whenever that is.

Marston is now preparing the car to be auctioned unless I pay over £600 to recover it. Are they correct when they said the did not need to send me any notice? It doesn't look right to me. I want to pay the PCN, however, I cannot afford to pay what they are asking.

I guess the council can intervene but I am not counting on it.
There must be a way out of this?

Best regards.

[zeke]

Hi,

I have been away for a few days and when I came yesterday, I noticed my car was gone. I obviously freaked out and called Police who advised me to call TRACE, I did it and there was no entry on their database about my car. There was no letter, or phone call, email, SMS or anything to let me know that my car was taken by Marston. Not a single notice. For all I knew, my car was stolen.


I then called Police back, and they were able to find out that Marstons took my car. I called them immediately and was told that it was due to a PCN issued last year by Kensington and Chelsea council. I have no recollection of ever receiving a PCN there, but I have been to the Chelsea Hospital to support a friend who was 9 months pregnant and feeling contractions. The address and date matches, so it must have been that, there was no PCN on my windscreen though.

It could well be a camera ticket but is would have come in the post to the address on the car's V5 document.

You need to get the PCN number, the council will give it, and appeal the PCN: here is how : http://www.nationalbailiffadvice.uk/App ... liffs.html

I then told them that I have never received any letter from Marstons regarding this, neither before they took the car nor after. Their reply was that they didn't need to do that,

Yes, they do. Its called a Notice of Enforcement: http://www.nationalbailiffadvice.uk/Not ... ement.html

because the Council have done it already, and they were given the warrant to control the vehicle, so they went ahead and did that. They said that the Council has sent me 4 letters asking for payment.

After speaking to Marstons, I decided to comb my old letters to see if I find any communication from the Council and I found only 1 letter. Sent in October last year, exactly 3 days after my younger brother died, so it must have gone unnoticed by me during that emotional storm.

I have sent an email to the Council saying basically the same thing I wrote above. Got a reply saying they have forwarded it to the Parking team and they will reply in due course, whenever that is.

Marston is now preparing the car to be auctioned unless I pay over £600 to recover it.

You might have to do a Pay & REclaim. That means paying to get the car back and then recover the money for breach of enforcement regulations from the council together with any damage caused to your car: Here is how P&R works: http://www.nationalbailiffadvice.uk/Pay ... claim.html

Are they correct when they said the did not need to send me any notice?

The law says the debtor must be given notice before the bailiff takes control of goods. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

It doesn't look right to me. I want to pay the PCN, however, I cannot afford to pay what they are asking.

Do it with a credit card. Then do a fee dispute on the grounds of failure to produce a Notice of Enforcement: http://www.nationalbailiffadvice.uk/Dis ... Court.html

I guess the council can intervene but I am not counting on it.

They won't, and will palm you off with excuses.

There must be a way out of this?

See if you have one: http://www.nationalbailiffadvice.uk/Sto ... s-PCN.html

Best regards.

[Teio]

It could well be a camera ticket but is would have come in the post to the address on the car's V5 document.

You need to get the PCN number, the council will give it, and appeal the PCN: here is how: http://www.nationalbailiffadvice.uk/App ... liffs.html

Should I appeal the PCN even a year after it happened and my car is already taken?

Yes, they do. Its called a Notice of Enforcement: http://www.nationalbailiffadvice.uk/Not ... ement.html

I have called them today and asked them about it, now they are saying that they have sent it on 9th of July (after telling the day before that they didn't need to send anything). I have never received any letter from Marstons.

You might have to do a Pay & REclaim. That means paying to get the car back and then recover the money for breach of enforcement regulations from the council together with any damage caused to your car: Here is how P&R works: http://www.nationalbailiffadvice.uk/Pay ... claim.html

Do it with a credit card. Then do a fee dispute on the grounds of failure to produce a Notice of Enforcement: http://www.nationalbailiffadvice.uk/Dis ... Court.html

I really cannot afford to pay for it, is paying and reclaiming the only way forward? Plus, how would I prove that I didn't receive anything?

Thank you for your reply!

[Teio]

Further to the above, there was no notice on my mailbox that my car was taken, hence why I called the police, I had no idea that I have had this case with Marstons.

When I asked Marstons about it, they said that the agent couldn't get through the communal doors, that's why there was no note, but this is not true because 2 of my neighbours told me that they saw HER (how else would I know that the agent was a woman?) banging on my door and shouting my name in the early hours of the morning.
So she did get in, just didn't bother to leave a note, this can't be right.

I feel that there was not enough effort in trying to contact me. I mean, if you're gonna take my car, at least have the decency of telling me, if there is a need to do it in secret, then they are no different than a common thief.

[zeke]

Further to the above, there was no notice on my mailbox that my car was taken,

Enforcement is a fail because the law states that when a bailiff removes goods on a highway, he must give a written notice and an inventory. Paragraph 33(1) and (2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

The law further states what the notice and inventory must contain and how the debtor must be given it: Paragraph 33(3) and (4) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

The law states the debtor may apply to the court for an order to have the bailiff deliver up the goods to the debtor. Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

But bear in mind, the law gives the magic word - MAY. Under para 66(5) it actually says "the court may— (a)order goods to be returned to the debtor;" which means the court is not obligated to make the order, but if the court does, the bailiff company cannot appeal because the court has total discretion over whether to order the bailiff to deliver up the vehicle.

Here is how it works: http://nationalbailiffadvice.uk/Car-Rem ... -Told.html

hence why I called the police, I had no idea that I have had this case with Marstons.

When I asked Marstons about it, they said that the agent couldn't get through the communal doors, that's why there was no note, but this is not true because 2 of my neighbours told me that they saw HER (how else would I know that the agent was a woman?) banging on my door and shouting my name in the early hours of the morning.

So she did get in, just didn't bother to leave a note, this can't be right.

It's not right.

Your neighbors can make witness statement proving they saw the bailiff, and give a detailed discretion of her and the fact she was seen at the property. With that evidence, the bailiff has no defense against an injunction to deliver up the car.

You should start taking witness statements now while it is still fresh.

I feel that there was not enough effort in trying to contact me. I mean, if you're gonna take my car, at least have the decency of telling me, if there is a need to do it in secret, then they are no different than a common thief.

[Teio]

Update: Thank you for your replies!

I have paid it using my Credit Card. £878 due to Storage fees. I would like to know what are my chances of reclaiming this. Is a chargeback the best way? won't they just come back and remove the car again?

[Teio]

Update 2: The Council has responded to my complaint, they sent their reply from a no-reply address and provided no address for response, I can't believe this is considered a proper way of communicating, they were very quick to dismiss my claims and provided no means for me to reply to their email.

Anyway, I am copying the email in full here, with my comments in red:

Thank you for your email in regards to this Penalty Charge Notice (PCN).
The PCN was issued as the vehicle was parked in a residents’ parking place without clearly
displaying a valid resident permit.

A Notice to Owner was sent to you on 20/09/2017, (I never saw this) which gave you the opportunity to pay
the PCN or make a formal representation. The Notice to Owner has not been returned by
Royal Mail as undeliverable and no payment or representation was received.
The Council then sent a Charge Certificate on 26/10/2017,(As I mentioned in my first post here, I found this letter on my pile of old letters, however, it's possible that I missed it as my little brother had passed away just 5 days before this (21/10/2017) and I was dealing with all the emotional thunderstorm associated with death of a loved one: Mourning, Coroner, Funeral, Family, etc.) we had no response, and
therefore an Order for Recovery was sent on 11/05/2018(Never saw this one either).
As you did not respond or file a Witness Statement on the Order for Recovery, the Council
passed the case to Marston Group for collection.
Marston Group wrote to you on 09/07/2018,(Never got this. I didn't even know I had a case with Marston, otherwise I wouldn't have freaked out and called the Police, I would have called Marston straight away.) requesting payment for the PCN, they received no response.

Marston Group then posted a letter through the door of the registered keeper and the
vehicle was clamped and then removed. (BULLCRAP. There was NO LETTER through the door. I even confronted Marston about it, as I had no idea my car was removed EXACTLY BECAUSE THERE WAS NO LETTER! The operator then called the Agent on my behalf and asked about this, according to the operator, the agent said she couldn't give me a letter because she couldn't access the comunal area, so she didn't put a letter through the mailbox. Further to this, my neighbours from both sides told me that she did get to my door and was banging on it like crazy, calling me in the early hours of the morning, waking them up. So she did get to the comunal area after all. I know my neighbours are telling the truth because they told me the Agent was female. I wouldn't have known this detail otherwise.)

Therefore, you have had numerous pieces of correspondence but have not responded to
any of them.
The Council cannot help you any further in this matter.

Any comments on this?

Again, I appreciate all the help.

[zeke]

The council is messing you about. Just bring The Action.