urgent help needed

[cupstrangle]

dealing with the notorious marstons over a court fine for speeding.Im vulnerable with mental health problems so shouldnt be subject to recovery action.
the baliff as just turned up and clamped my car that i need for my livelihood,can anybody offer me some help quickly please.
i rang the court who said this should be returned to them and deal with the court directly marstons are saying simply talk to the baliff who is an unco operative pillock.


many thank ian

[monkeynuts]

Theres some advice here

Vulnerable person: https://stopthebailiffs.uk/bailiffs-vul ... fines.html

Are you on any state benefits? Is the car on finance? Blue badge holder?

[monkeynuts]

Look through the compliance check list here and see if there any irregularities. https://stopthebailiffs.uk/magistrates- ... check.html

[cupstrangle]

Theres some advice here

Vulnerable person: https://stopthebailiffs.uk/bailiffs-vul ... fines.html

Are you on any state benefits? Is the car on finance? Blue badge holder?

many many thanks for getting back

im on housing benefits,the car isnt on finance,im not a blue badge holder.il have a look through the list.
Another point is the car is on private land,a car park that my property is attached to.Not owned by me

[monkeynuts]

https://www.stopthebailiffs.uk/bailiff- ... veway.html

If clamped on private land this should apply. Let me know if you need further support

[cupstrangle]

https://www.stopthebailiffs.uk/bailiff- ... veway.html

If clamped on private land this should apply. Let me know if you need further support

thank you.
He was apparently on the phone for the car to be collected when i confronted him after he had clamped it.I dont think they are used to somebody having the back bone to question them.After several hours it hasnt been picked up it seems he as bottled out..He did put a notice through the door and said that if it was moved it would now be theft.The court simply redirects me to talking to the baliff returning the matter to the court.Plus I also made it clear i would be claiming loss of earnings back for the vehicle being clamped.
Am I with in my rights to cut the clamp off to continue my work?There are other points but i dont want to make them public, undoubtedly they do monitor these sites,I can pm you on further points.
the note he left me states clamped on highway,clearly not the case


many many thanks ian

[monkeynuts]

Take photos of the clamping on private land. You must show the land is private to ensure that the clamping is unlawful.

This forum is private so you can make any points on here, upload any documents you have just redact your name etc.

If you can prove the clamping is unlawful then you may be able to remove the clamp but there are step you would need to take before just cutting it off!

[monkeynuts]

If you are worried about your privacy we can create a private thread or we do have a facebook group that is invitation only and there is the ability to make 'private rooms' for complete privacy to other members. Although this thread has only been seen by you and I. No doubt other advisors will look in the next few hours

[zeke]

Once you have photos of the car on private land, you can apply to.the court to remove the clamp. Afterwards, you can recover damages and costs.

We have contact details for the legal department at the ministry of justice. I expect they will tell the bailiff to unclamp the car and settle your costs.

The bailiff company pays through insurance, but I never list a bailiff company as a respondent. Only the creditor because its a walk in the park. Bailiff companies frustrate the application process so I cut them out altogether.

[cupstrangle]

Once you have photos of the car on private land, you can apply to.the court to remove the clamp. Afterwards, you can recover damages and costs.

We have contact details for the legal department at the ministry of justice. I expect they will tell the bailiff to unclamp the car and settle your costs.

The bailiff company pays through insurance, but I never list a bailiff company as a respondent. Only the creditor because its a walk in the park. Bailiff companies frustrate the application process so I cut them out altogether.

many many thanks for getting back,Certainly the car park is private belonging to the pub but accessible by road what would be needed to prove its owned by the pub.
My other great need is to address the matter of my vulnerability

[cupstrangle]

Take photos of the clamping on private land. You must show the land is private to ensure that the clamping is unlawful.

This forum is private so you can make any points on here, upload any documents you have just redact your name etc.

If you can prove the clamping is unlawful then you may be able to remove the clamp but there are step you would need to take before just cutting it off!

what are the steps needed just to cut it off

[cupstrangle]

Once you have photos of the car on private land, you can apply to.the court to remove the clamp. Afterwards, you can recover damages and costs.

We have contact details for the legal department at the ministry of justice. I expect they will tell the bailiff to unclamp the car and settle your costs.

The bailiff company pays through insurance, but I never list a bailiff company as a respondent. Only the creditor because its a walk in the park. Bailiff companies frustrate the application process so I cut them out altogether.

many many thanks for getting back,Certainly the car park is private belonging to the pub but accessible by road what would be needed to prove its owned by the pub.
My other great need is to address the matter of my vulnerability

hi there
ive photographed the car with clamp in situ,

[cupstrangle]

should i now just go ahead after photographing the car,phone the court to get the clamp,removed and contact the ministry of justice legal no.
It is badly affecting my buisness with the car out of action

[monkeynuts]

You will need to prove that the land is private, so photos or documents all help your case, ideally land registry documents as detailed in one of the links shown earlier.

Code: Select all

[name]

[address]

The Legal Services Department (bailiff co)

[bailiff company address]

[bailiff company address]

[bailiff company address]

[bailiff company postcode]


BY EMAIL TO:

legal@marstongroup.co.uk

generalenquiries@marstongroup.co.uk

customercare@marstongroup.co.uk

ALSO BY TEXT MESSAGE TO [NAME] on [HIS NUMBER]

[date]


NOTICE OF INTENTION TO APPLY TO COURT FOR INJUNCTION

Paragraph 66(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

Section 4 of the Torts (Interference with Goods) Act 1977

Civil Procedure Rule 84.13

Rule 6, Pre-Action Conduct And Protocols  

My name is [your name] and my address is [your address].

On [date] your enforcement agent [name of bailiff] clamped/took my vehicle [make and model] registration [registration] (the goods) at [where it was clamped or taken] which is private land not conforming to enforcement regulations.

Enforcement agents may only take debtors goods from where he usually lives, carries on a trade or business, or a highway.

If the enforcement agent applied to the court for separate authority to take control of the goods on specified premises, then please provide me with a copy of that authority.

To avoid any doubt where the enforcement agent took control of the goods, please provide me with a copy of the enforcement agents' body-worn camera recordings, so we can identify where the goods were situated when he took control of them.

Please confirm you received this notice and that you will return control of the goods to me forthwith. Otherwise, if I do not receive such confirmation within 36 hours, I will instruct a solicitor to apply for an injunction to make you do so.

I do not waive any right to claim damages, and they continue to accrue and liability for the care of controlled goods remains with the enforcement agent.

My address for service is [your email.com]

Yours faithfully




[your name]

[cupstrangle]

You will need to prove that the land is private, so photos or documents all help your case, ideally land registry documents as detailed in one of the links shown earlier.

Code: Select all

[name]

[address]

The Legal Services Department (bailiff co)

[bailiff company address]

[bailiff company address]

[bailiff company address]

[bailiff company postcode]


BY EMAIL TO:

legal@marstongroup.co.uk

generalenquiries@marstongroup.co.uk

customercare@marstongroup.co.uk

ALSO BY TEXT MESSAGE TO [NAME] on [HIS NUMBER]

[date]


NOTICE OF INTENTION TO APPLY TO COURT FOR INJUNCTION

Paragraph 66(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

Section 4 of the Torts (Interference with Goods) Act 1977

Civil Procedure Rule 84.13

Rule 6, Pre-Action Conduct And Protocols  

My name is [your name] and my address is [your address].

On [date] your enforcement agent [name of bailiff] clamped/took my vehicle [make and model] registration [registration] (the goods) at [where it was clamped or taken] which is private land not conforming to enforcement regulations.

Enforcement agents may only take debtors goods from where he usually lives, carries on a trade or business, or a highway.

If the enforcement agent applied to the court for separate authority to take control of the goods on specified premises, then please provide me with a copy of that authority.

To avoid any doubt where the enforcement agent took control of the goods, please provide me with a copy of the enforcement agents' body-worn camera recordings, so we can identify where the goods were situated when he took control of them.

Please confirm you received this notice and that you will return control of the goods to me forthwith. Otherwise, if I do not receive such confirmation within 36 hours, I will instruct a solicitor to apply for an injunction to make you do so.

I do not waive any right to claim damages, and they continue to accrue and liability for the care of controlled goods remains with the enforcement agent.

My address for service is [your email.com]

Yours faithfully




[your name]

many thanks i will get straight onto the matter.I have chatted to the owners of the pub the car park is most definitely private and for villagers only

[monkeynuts]

I have chatted to the owners of the pub the car park is most definitely private and for villagers only

Ask them for proof you can get a copy of to send with the letter, more evidence the stronger the case. Whilst it may be reasonable to assume it is private, one could argue use for villagers means public use - you want to slam-dunk any counter to it being classed as a 'highway' Sorry to play devils advocate but you need to be water tight!

You want to get this in asap to the court etc

[Amy]

I’m a bit confused, has the original fine for speeding been paid?

[cupstrangle]

I’m a bit confused, has the original fine for speeding been paid?

Not paid with the virus my buisness as suffered badly and the issue as been somewhat brushed under the carpet

[cupstrangle]

its crunch time with the wheel clamp, I cant run my business and the vehicle is worth under £1350.
Bailiffs and police say cutting a clamp is an offence under Section 1 of the Criminal Damage Act 1971.

That is NOT true.
The law says - "A person who without LAWFUL EXCUSE - destroys or damages any property belonging to another".

That means, if the clamping of your vehicle is UNLAWFUL, you have lawful excuse to cut off the wheel-clamp.

There is one catch. - You MUST give the clamper a one hour deadline opportunity to remove the clamp.



If a constable continues the arrest while aware of the above, he commits an offence under section 26(5) of the Criminal Justice and Courts Act 2015.
You lay the information before a Justice of the Peace under section 1 of the Magistrates’ Courts Act 1980 for the question of reporting the constable for the offence. The arrest is toxic for the arresting officer.
---------------------------------------------------------------------------------------------------------------------------------------------------------------
Can I now just go ahead and remove the clamp after giving the one hour notice.The bailiff did mumble something about if the car is removed reporting it to the police as stolen,which strikes me as hollow and empty.I do find it hard these herberts being in a position of power and employed by the state,in fact its unbelievable.Ive got the back bone to stand up to them,I hate to think of somebody who isnt as strong being picked o n by them,things need to change.My friend says a recent reform just made them wearing body cams compulsory,a total joke.

[zeke]

There are less aggressive ways of dealing with an illegal wheel clamp.

[cupstrangle]

There are less aggressive ways of dealing with an illegal wheel clamp.

certainly yes,I do want compensation/damages/loss of earnings for it being my work car,it parked on private land,and my health status classing me as vulnerable.

[monkeynuts]

As Zeke quite rightly says there are some less aggressive ways of dealing with this. I fully understand the frustration you have in the fact you have no use of your car.

Have you or did you send the letter as advised previously?

You also stated earlier that you have not yet paid the fine. Whilst removing the clamp may be lawful under the circumstance you detailed, unfortunately it doesn't expel the fine and enforcement action will always hang over you.

Advice here is free and based upon experience and understanding of the law. Ultimately it it up to you what to do.

What I can say is you could pay the fine direct the court as detailed here https://stopthebailiffs.uk/pay-court-fi ... liffs.html and the deploy the notice to the bailiffs that the fine has been paid.

What this will do will expel the fine against you and still give you the grounds for seeking damages for depravation of use of your vehicle.

I would quickly address the fine ensure you get a receipt, then inform Marston's via the notice that you have paid and give a deadline for the clamp being removed.

[cupstrangle]

As Zeke quite rightly says there are some less aggressive ways of dealing with this. I fully understand the frustration you have in the fact you have no use of your car.

Have you or did you send the letter as advised previously?

You also stated earlier that you have not yet paid the fine. Whilst removing the clamp may be lawful under the circumstance you detailed, unfortunately it doesn't expel the fine and enforcement action will always hang over you.

Advice here is free and based upon experience and understanding of the law. Ultimately it it up to you what to do.

What I can say is you could pay the fine direct the court as detailed here https://stopthebailiffs.uk/pay-court-fi ... liffs.html and the deploy the notice to the bailiffs that the fine has been paid.

What this will do will expel the fine against you and still give you the grounds for seeking damages for depravation of use of your vehicle.

I would quickly address the fine ensure you get a receipt, then inform Marston's via the notice that you have paid and give a deadline for the clamp being removed.

Thank you
certainly I want to clear the fine payment which i can do....just.
do i simply go to the court and pay the fine and not be directed back to the baliff,is there a specific procedure to follow allowing me to pay the court,then i will send the notice to marstons and pursue damages

thank you

[monkeynuts]

https://www.gov.uk/pay-court-fine-online

You can also go into the court although at present the fines office may not be accessible. A call to the fines office will advise whether you can go in and pay. Pay only the fine amount.

Hopefully you have already provided the court and Marstons with the letter previously which informs them of the unlawful levy (clamping) and requested the clamp removed. You can make a claim for depravation of use and any damages.

Get that fine paid first and get Court/Marstons notified.

[cupstrangle]

fine paid online and i have the reciept via email just the fine amount
I sent the letter to marstons via email but not the court,ive pmd you a copy of the letter i sent to marstons,should i now email the court the same

[cupstrangle]

Plus the attitude of the marston baliff,is there a channel to make an official complaint.Are calls made on a baliffs mobile no recorded,sadly i didnt record the call i had with him at my end.

[cupstrangle]

slight problem i dont use paypal,can i pay by debit card another way to obtain the template?

many thanks ian

[zeke]

Do not phone the bailiff after paying a fine at court.

Serve him a Notice. https://stopthebailiffs.uk/template-mag ... otice.html

[monkeynuts]

Plus the attitude of the marston baliff,is there a channel to make an official complaint.Are calls made on a baliffs mobile no recorded,sadly i didnt record the call i had with him at my end.

You can make a complaint but I highly doubt he recorded his call on his mobile. Bailiffs are known to be aggressive and demanding in their profession, intimidation is a key tool they use. However, given he clamped you on private land you will have the best outcome when you claim damages. Take that as a win!

I have seen the copy of the letter you emailed. When was this sent? The 36 hours given would be from the time sent and would be working days. If you need support in sorting an injunction (should the clamp not be removed), then discuss the matter with zeke who can assist.

[cupstrangle]

Do not phone the bailiff after paying a fine at court.

Serve him a Notice. https://stopthebailiffs.uk/template-mag ... otice.html

thank you all done

[cupstrangle]

Plus the attitude of the marston baliff,is there a channel to make an official complaint.Are calls made on a baliffs mobile no recorded,sadly i didnt record the call i had with him at my end.

You can make a complaint but I highly doubt he recorded his call on his mobile. Bailiffs are known to be aggressive and demanding in their profession, intimidation is a key tool they use. However, given he clamped you on private land you will have the best outcome when you claim damages. Take that as a win!

I have seen the copy of the letter you emailed. When was this sent? The 36 hours given would be from the time sent and would be working days. If you need support in sorting an injunction (should the clamp not be removed), then discuss the matter with zeke who can assist.

Certainly they are aggressive,and non to bright the whole issue of baliffs needs putting back under state control making them accountable as are the police.Notice sent to the bailiff.I certainly now wish to pursue damages with all vigour.
The letter was sent via e mail friday roughly 4pm
again many thanks

[cupstrangle]

hi there
just had a text message back from the baliff. stating " I have a warrant in your name and I will collect in full" after serving the notice,should i just ignore it.

[monkeynuts]

hi there
just had a text message back from the baliff. stating " I have a warrant in your name and I will collect in full" after serving the notice,should i just ignore it.

Screen shot it keep it as evidence. The fine is paid, you have given notice and you have given notice that the clamping is unlawful. Make sure you have a good photo of the car clamped on private property. As stated earlier the more evidence the better.

[cupstrangle]

thank you
i will screen shot it thank you, should i also make a video of the car with the clamp and its surroundings?

[zeke]

If the picture of the car (not a video) shows it is clamped on land that is not where you live or trade, then you can apply for a clamp removal order.

You must do the pre-action work first before applying to the court, because the court expects you to try and solve the matter before racking up a legal bill.

You can still recover damages in any case.