Marstons clamped car for parking fine.

[rach84]

my partner got a ticket in london and forgot to pay, I know his fault, he contacted marstons to arrange payment which he failed to keep because he lost his job.
Yesterday we woke up to find out the car had been clamped and he wanted full payment.

I explained the situation and told him we can't pay full as I work part time and partner is undergoing a mental break down due to health problems and losing his job because of that, he's waiting for treatment, medical records available for this. He is on antidepressants and other medication. I paid £200 of what he was asking because I need the car for work, no work no money!!! it's a 12 year old fiat banger not worth much but he still clamped it. That was every penny I had, I can't beg and borrow as I don't have anyone I can ask. We have other debts because of him not working regularly until his treatment and everyone else has been very understanding.

No warning letter saying we have so many days to pay the bailiff, we can't pay in instalments, i asked him numerous times and he said noway payment in full no payment plan. He wants the rest by Monday 7.00am next week otherwise he's going to take the car, 'HE'S BREAKING THE RULES BY GIVING ME ANOTHER 4 DAYS' Taking the car is the best option really because it's not worth anything.

I'de rather he take the car than having to pay another £300 and something.

I did say I will be taking advise on this and he said don't bother no one can help me and he will call the police if I 'obstruct him in the removal of the vehicle or if we move it elsewhere, I will track the vehicle as it now belongs to marstons' Is this true??? I'm not going to move it, not worth the hastle, better they take it.

1 I can't afford to pay it, I have nothing at home of any value.
2 Can I complain?
3. was he within his rights to clamp the car?
4. Did we not have the option to pay installments?
5. who do I complain to if the bailiff was wrong.

I know it's his fault for not paying but do not bailiffs take into account personal circumstances? any advise would be helpful.

thanks

Rach.

[zeke]

my partner got a ticket in london and forgot to pay, I know his fault, he contacted marstons to arrange payment which he failed to keep because he lost his job.

Have a run through the PCN enforcement compliance checklist and see if any redress is available.

Yesterday we woke up to find out the car had been clamped and he wanted full payment.

If the car is clamped on private land that is not where the debtor lives, then the owner can make an emergency application to the court to injunct the bailiff and remove the clamp.


Do you have any grounds to appeal the traffic convention, if you do then you can appeal online and that stops enforcement in real time, and if the bailiff does not remove the clamp while the appeal is being decided and it comes out in your favour, you can sue the council for damages for continuing enforcement when the enforcement power was suspended. It's an opportunity to pocket a bit of money. Here is how to appeal a traffic convention.

I explained the situation and told him we can't pay full as I work part time and partner is undergoing a mental break down due to health problems,

He might be vulnerable for the purpose of civil enforcement. See if you have any recourse.

and losing his job because of that, he's waiting for treatment, medical records available for this. He is on antidepressants and other medication. I paid £200 of what he was asking because I need the car for work, no work no money!!!

Other than commuting to a fixed place of work, is the car used for your employment trace or education? If so, then it could well be exempt goods.

If the enforcement has put you out of a job because you cannot commute any other way, then start a claim for benefits. You must keep food on the table and that must not be sacrificed for the commercial interests of a bailiff company.

it's a 12 year old fiat banger not worth much but he still clamped it. That was every penny I had, I can't beg and borrow as I don't have anyone I can ask. We have other debts because of him not working regularly until his treatment and everyone else has been very understanding.

No warning letter saying we have so many days to pay the bailiff,

Did you get a notice of enforcement? if not then you can recover damages for breach of paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

we can't pay in instalments, i asked him numerous times and he said noway payment in full no payment plan.

He has got you by the goolies and he knows it. You will never be out of his debt unless you can find anything that is non-compliant with the enforcement regulations.

He wants the rest by Monday 7.00am next week otherwise he's going to take the car, 'HE'S BREAKING THE RULES BY GIVING ME ANOTHER 4 DAYS' Taking the car is the best option really because it's not worth anything.

He doesn;t want the car because it will cost him more to transport it to storage and putting it on ebay, than the debt he is recoverng. Its called 'toxic goods' and if the enforcement fails, then the bailiff company lands an even bigger bill.

I'de rather he take the car than having to pay another £300 and something.

Let him take it, and quietly buy it back on eBay for £56, and the bailiff cannot take a further enforcement step because the debtor has no assets and he cannot enter the property, provided you keep your home secure from bailiffs. The bailiff company whill have to swallow the transportation costs.

I did say I will be taking advise on this and he said don't bother no one can help me and he will call the police if I 'obstruct him in the removal of the vehicle or if we move it elsewhere, I will track the vehicle as it now belongs to marstons' Is this true??? I'm not going to move it, not worth the hastle, better they take it.

Its an age old threat, but rarely results in a conviction, becuase to be guilty of the charge of obstructing a bailiff, the bailiff must be ACTING LAWFULLY, and that is where the prosecutions case falls apart.

1 I can't afford to pay it, I have nothing at home of any value.

Let him take it, and sign on until you can afford another car. You may have to claw back your £200.

2 Can I complain?

Only if the bailiff action is non-compliant, but I recommend against making a complaint to a bailiff company because the procedures are designed to wear down complainants. I always bring legal action which is always preceded by a letter before action giving the bailiff company an opportunity to settle before racking up a legal bill.

3. was he within his rights to clamp the car?

In most cases, yes, provided the clamping is compliant with the law.

4. Did we not have the option to pay installments?

The law does not provide for any, but if your doctor gives a fit note saying the debtor is seriously ill, then the bailiff is unable to recover fees until the debtor has sought advice.

5. who do I complain to if the bailiff was wrong.

Nobody. The bailiff industry does not have an official watchdog which leaves bailiffs to run wild-west on the streets, and with the police placing bailiffs in a class above the law, they are free to commit crime with impunity.

I know it's his fault for not paying but do not bailiffs take into account personal circumstances? any advise would be helpful.

They are supposed to, but they don't. See if you can stop the enforcement power.

thanks

Rach.

[rach84]

I didn't get a notice of enforcement i'm 100% sure because I have been opening the post. what if marstons say they have sent it bit I never got it?? The car is used for work purposes, collecting goods for the company I work for, that's my job to run around collecting stock.

He took the clamp off after I paid the £200 but is coming back on monday at 6.00 or 7.00am apparently I can't remember of he said 6 or 7.

[rach84]

I did explain all this, car is worthless but used for work, and children he said that doesn't matter and he can take it regardless of the value and what is it used for.

[zeke]

Your car is exempt goods because it is used in your employment collecting stock. If the bailiff clamps your car again, you start an interpleader claim. They often end up very expensive for bailiff companies that do not cooperate.

https://www.nationalbailiffadvice.uk/In ... Goods.html


But it doesn't get you off the hook for the PCN. The bailiff is only messing with your car to annoy you into submission.

The time you are guaranteed the bailiff wont show up it at 6 or 7am Monday. They are very camera shy and announcing their intended visit tends to get themselves ambushed by TV crews making programs on rogue bailiffs.

[rach84]

ok will let you know if he turns up. He won't leave us alone until he's got his remaining money even though the 200 covers the ticket???

[rach84]

well he didn't turn up at 7.00, he came at 9.00 and I paid what I could get my hands on. i was short £65.00 and he's coming back to collect that or tow the car. Can he tow the car for that amount? I've paid most of it?

[zeke]

Yes. Provided the debt is genuine

[rach84]

not heard anything yet but the original debt has been paid, the parking fine and most of the bailiff fees, £65.00 left.