Hi I was wondering if anyone could help me out,
Marstons have called at 6:29 this morning and clamped my car.
They gave me a notice after entry or taking control of goods after demanding I pay £716 which I cannot afford to do right now.
The pcns in questions are from Waltham Forest council one of which I’m still waiting for a rejection notice for.
The second pcn is still in enforcement so I contacted marstons to set up a payment plan and just deal with the clamped car. ( I’ll tackle that later I hope) back to my gripe. I didn’t receive a notice of enforcement for the first pcn however marstons claim they sent it first class on the 8/8/2018 and have no obligation to provide me with proof of posting.
If I knew it was with the enforcement agents I would of contacted the council to ask why they haven’t responded to my appeal.
I asked to enter a payment plan to remove the clamp but this was refused. The fee on the entry of notice combines both pcns. I’m sat now waiting for the tow truck to come and remove my vehicle as I cannot Afford it pay anything right now ( single mum to two children)
I can’t afford to go to work ( I work far) and won’t have the time to get my son to school. I’m at a loss what to do and would really appreciate some help.
Marstons have clamped my car
Re: Marstons have clamped my car
Did you get a Notice of Enforcement? If not then have you changed address. Bailiffs cannot ambush you at 6am anymore.
The notice after entry is a statutory document given when a bailiff has taken control of goods.They gave me a notice after entry or taking control of goods after demanding I pay £716 which I cannot afford to do right now.
Recently, the Traffic Enforcement Centre has not been giving notice of a failed appeal, (a stat dec, or a witness statement), instead, the appellant learns when bailiffs turning up unexpectedly and while the appellant believes the appeal is yet to be decided.The pcns in questions are from Waltham Forest council one of which I’m still waiting for a rejection notice for.
They are going to mess you about.The second pcn is still in enforcement so I contacted marstons to set up a payment plan and just deal with the clamped car.
They don't have to give a proof of posting because that is not what the law says. It only says they must keep a record of the time the notice was given to the debtor. Paragraph 7.3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.( I’ll tackle that later I hope) back to my gripe. I didn’t receive a notice of enforcement for the first pcn however marstons claim they sent it first class on the 8/8/2018 and have no obligation to provide me with proof of posting.
That is when they must show evidence of compliance and a certificate of posting is freely available from any post office without cost. So its merely good practice, but if a bailiff company is unable to show he kept a record of the time it was given, then section 7 interpretation Act 1978 could view that as evidence the document was not properly posted with pre-paid postage to the address of the debtor.
If the address on the warrant of control is different from the address the car is clamped, then that is a whole different picture. If a bailiff refuses to show the warrant, then it's a sure sign there is something wrong with it because he knows he is not acting lawfully by attending an address, not on the warrant.
If this puts you out of a job, then you must start an online claim for housing benefit and other non-work benefits. It is not conducive to public good to expose the taxpayer to losses over a parking ticket when only a commercial beiliff company stands to benefit, and it might compel the council to be more reasonable.If I knew it was with the enforcement agents I would of contacted the council to ask why they haven’t responded to my appeal.
I asked to enter a payment plan to remove the clamp but this was refused. The fee on the entry of notice combines both pcns. I’m sat now waiting for the tow truck to come and remove my vehicle as I cannot Afford it pay anything right now ( single mum to two children)
I can’t afford to go to work ( I work far)
and won’t have the time to get my son to school. I’m at a loss what to do and would really appreciate some help.
Have a look to see whether you can stop the enforcement of the unpaid PCN's
If none of the above apply. have a look through the PCN enforcement compliance checklist and see what other remedies are available to you.
Re: Marstons have clamped my car
No I haven’t received a notice of enforcement and I haven’t changed address.
They also haven’t shown me a writ or any warrant from the court. Is this something they must do ?
They also haven’t shown me a writ or any warrant from the court. Is this something they must do ?
Re: Marstons have clamped my car
If you ask to see the bailiffs ID or his authority to enter premises, that is carried on his ID badge and on the warrant of control and together they make the authority to enter premises, and he must show it on demand of the debtor or any person who appears to be in authority of the address being attended.
The law is paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
If you haven't changed address and did not receive a notice of enforcement, then it is likely the bailiff did not send one. That is because bailiffs stand to benefit substantially by not sending a notice because the debtor could pay the debt with just a £75 fee, whereas without telling the debtor the bailiff is attending, then the bailiff makes a £310 fee, a gain of £235.
The only way around this is to make an affidavit proving that you did not get a notice of enforcement, and section 7 of the Interpretation Act 1978 treats that to be the "evidence to the contrary" that notice has been properly effected. You can then ask the bailiff company to cease the enforcement action until they can show a notice has been given.
The law is paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
If you haven't changed address and did not receive a notice of enforcement, then it is likely the bailiff did not send one. That is because bailiffs stand to benefit substantially by not sending a notice because the debtor could pay the debt with just a £75 fee, whereas without telling the debtor the bailiff is attending, then the bailiff makes a £310 fee, a gain of £235.
The only way around this is to make an affidavit proving that you did not get a notice of enforcement, and section 7 of the Interpretation Act 1978 treats that to be the "evidence to the contrary" that notice has been properly effected. You can then ask the bailiff company to cease the enforcement action until they can show a notice has been given.
Re: Marstons have clamped my car
Could you explain how I would do an affidavit as I am in the same position as this poster (i.e they turned up but I have not received any correspondence prior to that).
He also stated that he would clamp my Company Car for at least 24 hours whilst he established its ownership and stated that he would return with locksmiths if I didn't settle it in full. It was a parking fine.
Thank you
He also stated that he would clamp my Company Car for at least 24 hours whilst he established its ownership and stated that he would return with locksmiths if I didn't settle it in full. It was a parking fine.
Thank you
Re: Marstons have clamped my car
If the warrant of control has a wrong address then enforcement fails because the warrant is evidence the Notice of Enorcement has not been given to the debtor. Section 7 of the Intetpretation Act 1980
There is no authority for bailiffs to use a locksmith to enforce a traffic debt. Locksmiths can only be used when executing a warrant of possession (an eviction).
A company car cannot be clamped if the company is not the debtor paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
If a bailiff takes control of a car not belonging to the debtor, the bailiff company and the creditor are jointly and severally liable for damages and for the costs of bringing an interpleader claim.
There is no authority for bailiffs to use a locksmith to enforce a traffic debt. Locksmiths can only be used when executing a warrant of possession (an eviction).
A company car cannot be clamped if the company is not the debtor paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
If a bailiff takes control of a car not belonging to the debtor, the bailiff company and the creditor are jointly and severally liable for damages and for the costs of bringing an interpleader claim.