Hi guys...

we had a parking fine from 2016 that we stupidly forgot about.

We knew it went to baillifs but we're told it would get sent back to the council after a few tries.

We lucked out as he seen my partner getting out of the car and clamped it as soon as he came in the house.

With their fees we owe £611 and the car has 9k left to pay off.

The car was clamped on Monday and my partner has had to get a taxi to work as he starts at 4am and travels 40 mins.

We were told to send a complaint to marstons along with our HP agreement which we have done.

Where do we stand on getting the car unclamped?

e cant afford the taxis for my partner each day.

We really need that car back on the road.

Edited to say;

I have contacted the issuing council to see if they can help (bristol) and I am awaiting a reply.

Thanks in advance.

Unfortunately this is a problem when attempting to wait out a warrant.

The correct course of action would have been to address the problem when you first heard about it.

That being said.

Have you contacted Marston's and asked them what they intend to do since you sent them the documents

Hi.. I have not done that as yet,

i was told to have no further contact until they contact me.

I will send them an email tonight.

Is there a certain amount of time they leave a clamp on?

Can they even take the car?

Many thanks.

Hi guys...

We had a parking fine from 2016 that we stupidly forgot about.

 

We knew it went to baillifs but we're told it would get sent back to the council after a few tries.

 

I was told to have no further contact until they contact me.

 

Where did you get advice from that the penalty charge would supposedly get sent back to the council?

Also, who advised you to have no further contact (supposedly with the enforcement agent or company)?

It was a debt advice group on Facebook.

Is this not the case?

I was told that after a certain amount of time, it gets sent back.

I was also told that I should have no contact at all with the enforcement agent at all.

I was advised to send a complaint email to the company with proof of finance.

What do you suggest I do?

Thanks.

we can guess where that useless info came from then.

its a fine it never goes away!!

Well I have no idea which is why I'm asking for advice.

I know it won't go away and I know it needs to be paid.

What I want to know is will I be able to sort it out with the council without the hefty fees?

nope all bailiff fees are enforceable and it should be settled through the bailiff under a payment arrangement.

It was a debt advice group on Facebook.

 

Is this not the case?

 

I was told that after a certain amount of time, it gets sent back.

 

I was also told that I should have no contact at all with the enforcement agent at all.

I am surprised to hear that any of the FB Groups offer such inaccurate advice any longer. You need to be very carefully when posting on any of those groups because bailiffs and their employers are members of all the 'Beat the Bailiff' group and view posts on a daily basis and it is easy to identify posters as almost everyone uses their real name !!

The position with vehicles that are subject to Hire Purchase is not altogether clear. One case has been before the court and although the decision went in favour of the finance company, it needs to be remembered that it was only a lower court decision and there are a number of enforcement companies that consider the decision to be flawed.

Ah ok... makes sense.

What do you suggest I do?

Obviously the clamp is not going to be removed?

 

What I want to know is will I be able to sort it out with the council without the hefty fees?

Almost certainly the council will not allow you to pay the debt without the fees. Almost without exception, all councils abide by Item 11 of the Taking Control of Goods: National Standards 2014 which states as follows:

Item 11

Creditors agreeing the suspension of a warrant or making direct payment arrangements with debtors must give appropriate notification to and should pay appropriate fees due to the enforcement agent for the work they have undertaken.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/353396/taking-control-of-goods-national-standards.pdf

The fees charged are statutory fees. The compliance fee is £75 and will be charged to you when the Notice of Enforcement is sent. There is a strict period of time stated on that notice by when a payment arrangement can be set up. Once that time limit has expired, the warrant is passed to an individual enforcement agent and the charge when he visits is an additional £235.

PS: How many tickets do you have outstanding?