Left no notice of enforcement, for this clamping. So already is void, unlawful.
Also, arrived before 6am but I cant prove that.
I have proof it is my trade vehicle, and it is worth way less than the limit of 1350.
It has several faults, the vehicle, and lots of miles.
Amongst other scummy actions he has taken, like not including ref numbers, not replying to text messages or answering phone.
I call Marston, yes, these c*nts, and they obviously excuse themselves and lie to me, saying they cant help me now, because the agent in charge of the case is the one dealing with it now.
"But, you are paying him" I said, and no reasonable reply. Then puts me on hold and hangs the phone up on me, several times.
I have written to everyone I can think off. A few have replied. None that can help.
I feel my faith in the system waning. Or should I say, I have none anymore.
How the hell can this be allowed to happen? Corrupt/rogue agents (and debt collection agencies, also councils and bodies like TFL) do whatever they want and dont answer to anyone!
Its been 6 days, I cant work without it. All I can do is COMPLAIN?? Which takes days and weeks. And I need to work NOW.
Ive written to marston, to tfl, to the council, to a councillor, phoned citizens advice (useless) and law centres (most cant help). Ive written directly to the bailiff and he denied everything and wont budge at all, no payment plan, no trade vehicle.
Even if I killed myself (like the man who was in the same situation as me, Jerome Rogers, check a Guardian article online), it would not have any effect, as many have in the past, and these vermin continue to roam around unpunished.
trade vehicle clamped
Re: trade vehicle clamped
You make, an Interpleader Claim under CPR 85.8.
Before starting work, take a daytime photograph of the clamped van showing the numberplate and the clamp in the same photo. Then make a clean copy of any document fixed to the van.
You start by giving a “notice of claim to exempt goods” and attach evidence the vehicle is under £1350. It's a CPR 85.8(1) Notice.
From my experience in preparing such claims for solicitors, I always use eBay listings for the same like-for-like vehicle sold in the last 30 days and exhibit screenshots.
When you give the CPR 85.8(1) Notice, the bailiff company has three days to consider your claim, and the creditor has a further seven days.
While the clock is ticking, Start collating your losses, damages and expenses. These come in two parts. Wasted Vehicles Expenses, and Special Damages.
Wasted Vehicle Expenses includes the insurance paid on the vehicle for each day they clamped the vehicle. Ditto, the road tax, and again, hire purchase if any.
Special Damages include van hire, loss of business, and any repairs to your van when they return it to you.
This is an example list.
£19 for each hour travelling to the compound.
£19 waiting time at the compound
£19 travelling back from the compound
£19 per hour or part thereof to the nearest 6 minutes segments for case administration
Van hire receipts
Taxi receipts
Loss of business per day
Cost of repairs to your van and flatbed transport where needed.
Cost of replacement tools to carry on work
A flat rate of £60 a day for the deprivation of use of the van
You start by claiming everything and let the bailiff company wriggle down from there.
Both elements of your damages are recoverable at a daily rate starting from the date they clamp the van, to the day they return the van, plus each further day the van needs repair to a safe roadworthy condition.
If after day 10, they do not return the van; you apply for an Interpleader claim under CPR 85.9.
You are best having a solicitor to do this, otherwise, the bailiff company will mess you about.
With a solicitor representing you, they charge the bailiff company’s messing about at their standard hourly rate, and the bailiff company gets the bill.
The good news, the PCN being recovered is usually a commercial write off. It's not viable for the bailiff company to carry on pursuing you for it.
Here is more about making an interpleader claim:
https://www.nationalbailiffadvice.uk/In ... Goods.html
In some rare occasions, when the bailiff company defends the claim for damages, they lie to the court saying they did not clamp the van. That is why you need a daytime photo of ther clamped van. It defeates their defence everytime, and you now qualify for "exemplary costs".
Before starting work, take a daytime photograph of the clamped van showing the numberplate and the clamp in the same photo. Then make a clean copy of any document fixed to the van.
You start by giving a “notice of claim to exempt goods” and attach evidence the vehicle is under £1350. It's a CPR 85.8(1) Notice.
From my experience in preparing such claims for solicitors, I always use eBay listings for the same like-for-like vehicle sold in the last 30 days and exhibit screenshots.
When you give the CPR 85.8(1) Notice, the bailiff company has three days to consider your claim, and the creditor has a further seven days.
While the clock is ticking, Start collating your losses, damages and expenses. These come in two parts. Wasted Vehicles Expenses, and Special Damages.
Wasted Vehicle Expenses includes the insurance paid on the vehicle for each day they clamped the vehicle. Ditto, the road tax, and again, hire purchase if any.
Special Damages include van hire, loss of business, and any repairs to your van when they return it to you.
This is an example list.
£19 for each hour travelling to the compound.
£19 waiting time at the compound
£19 travelling back from the compound
£19 per hour or part thereof to the nearest 6 minutes segments for case administration
Van hire receipts
Taxi receipts
Loss of business per day
Cost of repairs to your van and flatbed transport where needed.
Cost of replacement tools to carry on work
A flat rate of £60 a day for the deprivation of use of the van
You start by claiming everything and let the bailiff company wriggle down from there.
Both elements of your damages are recoverable at a daily rate starting from the date they clamp the van, to the day they return the van, plus each further day the van needs repair to a safe roadworthy condition.
If after day 10, they do not return the van; you apply for an Interpleader claim under CPR 85.9.
You are best having a solicitor to do this, otherwise, the bailiff company will mess you about.
With a solicitor representing you, they charge the bailiff company’s messing about at their standard hourly rate, and the bailiff company gets the bill.
The good news, the PCN being recovered is usually a commercial write off. It's not viable for the bailiff company to carry on pursuing you for it.
Here is more about making an interpleader claim:
https://www.nationalbailiffadvice.uk/In ... Goods.html
In some rare occasions, when the bailiff company defends the claim for damages, they lie to the court saying they did not clamp the van. That is why you need a daytime photo of ther clamped van. It defeates their defence everytime, and you now qualify for "exemplary costs".
Re: trade vehicle clamped
Wow, thank you for replying and in such depth.
However, it's too late now. They are coming to remove the vehicle (motorcycle, my trade vehicle) on Monday 2nd December. I called so many places, including law centres, and NOT ONE useless human said what you just wrote. Not one.
Which just adds to my desperation. I'm already poor af, now without a job I'm becoming homeless and I might be sectioned for you know...
I don't have money for a solicitor, and I cant get that type of Aid.
This started on the 22nd, so I didnt have much time to being with.
If I'm gone, I'll be just another Jerome Rogers, no one cares,nothing changes, the corruption continues.
thank you though, for replying.
However, it's too late now. They are coming to remove the vehicle (motorcycle, my trade vehicle) on Monday 2nd December. I called so many places, including law centres, and NOT ONE useless human said what you just wrote. Not one.
Which just adds to my desperation. I'm already poor af, now without a job I'm becoming homeless and I might be sectioned for you know...
I don't have money for a solicitor, and I cant get that type of Aid.
This started on the 22nd, so I didnt have much time to being with.
If I'm gone, I'll be just another Jerome Rogers, no one cares,nothing changes, the corruption continues.
thank you though, for replying.
Re: trade vehicle clamped
Issuing the "Notice of claim to Exempt goods" costs nothing, and It stops all further enforcement.
Complete this webform to create and download a free notice.
https://www.nationalbailiffadvice.uk/Te ... hicle.html
Complete this webform to create and download a free notice.
https://www.nationalbailiffadvice.uk/Te ... hicle.html