Marstons clamping a car on PCP

[Loopylou]

A marstons enforcement officer has been attending my property to try and reclaim an unpaid parking fine. I haven’t been home when he’s been visiting until this morning when I was asleep as he called around 6am. I woke up to find my car had been clamped. My partner called the enforcement officer and said the car is on PCP and they said they’re still allowed to clamp and tow my car.

Can someone please confirm if this is the case? I didn’t think they were allowed as a car on PCP doesn’t technically belong to me until the final payment is made? Any advice on what I can/should do from here? I’ve read lots of conflicting info on the internet and want to make sure I’m moving forward with the correct information. Thanks!

[Syd Snitkin]

No they cannot and the bailiff knows this. The legislation is the Tribunals, Courts and Enforcement Act 2007, schedule 12 part 10 - only goods that are owned by the debtor can be taken into control. A car on PCP isnt owned by you until the final payment.

First thing tomorrow contact the creditor and say they have 2 hours to remove the clamp before you start action.

[zeke]

You get conflicting information because much of it is created by bailiff companies pretending to be giving advice to debtors. The individual responsible is well known to us.

Here is how to recover a car that is on hire purchase (HP) and taken or clamped by bailiffs.