Marstons- best plan of action?

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Loopylou
Posts: 3
Joined: 27 Sep 2018 20:04

Marstons- best plan of action?

Post by Loopylou »

I posted last year about a Marstons’ a enforcement officer clamping my car that’s on pcp. Upon calling him he stated he could still take the car and he’d be back later that day. We deflated my tyre and removed the clamp ourselves (undamaged!) and carried on with our day. Our video doorbell showed him returning but we hadn’t heard a single thing from him since! I still have the clamp in my possession.
We’ve moved house in this time and buried my head in the sand a little and I’ve came home from work last night to find a letter through my postbox from him regarding the debt again... Knew it would catch up eventually!
I can’t remember what the debt is even for, but I’m assuming a parking ticket or bus lane fine due to the info on the letter.
My question is am I able to refuse to deal with this man/company on the whole due to his unlawful clamping of my car etc and being intimidating (more so than the average bailiff I’ve dealt with!)? If I contact the council the debt came from directly stating the complaint of this bailiff do I stand a chance of them listening and taking the debt back/letting me pay them directly? I don’t want to do something that will jeopardise the situation and would happily pay the council directly for the debt as am now in a position to do so.
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons- best plan of action?

Post by zeke »

If he clamps your PCP car again, get an injunction. That always hits a bailiff where it hurts, in the pocket.

If the debt is a PCN then identify the PCN number and do an out of time statutory declaration. If you can show you have moved then you can pay the original PCN to the council.

Here is how to appeal a PCN: https://www.nationalbailiffadvice.uk/Ap ... liffs.html

Quietly get rid of the clamp.
Loopylou
Posts: 3
Joined: 27 Sep 2018 20:04

Re: Marstons- best plan of action?

Post by Loopylou »

Thanks for your quick response!
Does my house move still stand as an argument despite it being in November 2018, after the bailiff first visited that property in October? If this is still correct then I can relax!
What tick box is relevant on the TE9 form? None of them seem relevant and I want to make sure I do it right so I don’t ruin my chances of getting rid of this awful bailiff!

Thank you
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons- best plan of action?

Post by zeke »

You say you were not given a Notice to Owner and put your CURRENT address on the TE9 and TE7, but be sure this is a parking contravention, and not a moving traffic one, which needs forms PE2 and PE3.
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