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JC101

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  1. Sthis is a question for a friend of mine, let's call them Mrs K. They purchased a new car, the address was incorrectly relayed to the DVLA by the seller, no correspondence was ever sent to the correct address. No big deal. Mrs K drove in a bus lane, and was therefore subject to a PCN. However, all documentation went to the incorrect address, right up to enforcement, and bailiff letters. At no point did anybody reply to the council (Barnet) and I daresay nobody tried to find out the right details. A bailiff from Marston happened to be in the area looking for cars with outstanding warrants, found the car, followed them home, and immediately clamped the car with a £520 release fee. So questions are - - Should Barnet have made more of an effort to find out that Mrs K didnt live at that address? - Does the fact the Bailiff had not sent any correspondence to the correct person mean anything? - What, if anything, can Mrs K do to recoup that money? Thank you! Jude
  2. Pretty sure it was within the year, so guess they don't need to resend anything? Seems bizarre when the previous notice was easily 6 months ago.
  3. Cheers, so I need to find out what Marston have claimed to send to me. Will do and revert. If they had sent something back before it went to appeal ( i don't recall seeing anything) would they be able to just pick up from where they left off? Without further letters?
  4. Thanks for the somewhat cursory response! I certainly have had my fair share of run ins, but that's because I challenge everything, and not just simply sit there and pay, unless necessary. In the course of my job I receive a lot of tickets - and inevitably there are those that get left behind. In the case I'm talking about, I sent an appeal which was not received, and I received nothing back from the council. Hence it going to enforcement, whilst I was appealing. That is sort of irrelevant though. That's pretty much it - I haven't moved, car is still in my name - the question is simply, do the council or bailiff have to send me any correspondence before clearly just turning up out of the blue, once TEC have dismissed my appeal. I couldnt find the answer in the threads. Thanks PS - I have also received over £4000 in compensation from bailiff companies for procedural irregularities, or downright lies...
  5. Hi - wonder if anybody can help me please! I had an appeal at TEC in Northampton about a ticket that I was fighting, it went against me (it happens!) - and the letter from the courts said it would therefore just continue as previously. This morning a Bailiff turns up at my house, I wasn't in, very threatening towards my wife, who had 3 small kids with her - big burly guy, talking about police coming and entering the property, real bullying tactics from Marston. I'd expect nothing less. My question - I really can't recall if prior to my appeal the ticket had gone to enforcement stage or not, but is there not a duty for somebody to send me a letter first to say the matter is back with the bailiff? The tribunal decision was February, and I had nothing since, apart from this visit. Secondly - once my wife had said I wasn't in, and my car is registered in my name, do they have any right to even speak to my wife or appear threatening? Thank you! JC
  6. I know - but it's the downright lying that gets me. I've paid part of the first fine, it's now been put on hold as TEC have got involved - but for them to say this and not give me proof somebody has been to my property is just wrong. I think I'll go down the small claims court, as this has really stressed me out - it's causing me a lot of grief.
  7. Ok, so a quick update - turns out TEC had missed one of the documents I put through, which it was it wasn't actioned. Either way, I continued with the access request, as I did not receive any letter through the door confirming a visit. I've now received the following back from Marston - which doesn't surprise me, but seriously, what now?! I want footage proving he actually came to my house, and put a letter through my door, or at least knocked. This is downright ridiculous. Any help please! 15 September 2020 Dear XXXX Re: Data Subject Access Request received on 14 September 2020 Our Ref: A810244 We are writing regarding your Data Subject Access request received on 14 September 2020, this was received by Email. I confirm your request is for; BWV Footage from 31st August 2020 at 14.34. On receipt of a subject access request our aim is to locate all personal data outlined in the request in accordance with the data protection act 2018 & GDPR We can confirm that to ensure we have been able to locate the above data you have requested we have searched and cross referenced the details on the account with the details in your response. We complete these checks to ensure that we are providing the correct person with the correct data. Please be advised, I have located and viewed the footage captured by our Agent upon the visit to your property dated 31st August 2020. Unfortunately, we must advise that as you do not appear within the recording, meaning your personal data is not identifiable, we are unable to release the requested footage on this occasion. Marston Holdings Limited considers that your Data Subject Access request is now complete and that we have fulfilled our obligations under the Data Protection Act 2018 and GDPR. If you wish to discuss any element of this response, please contact us in writing as soon as possible at the contact address at the top of our letter. Yours sincerely AXXXX Data Subject Access Request Administrator For and on Behalf of Marston Holdings Limited
  8. The TEC cancelled it - but that was last Wednesday, it clearly hadn't got to the council yet. And of course Marston won't reason with you at all. And when they clamp the car and I need to get to work, not much choice I have! I'm awaiting video evidence, the reply from TEC and the council, and then will confirm my next steps. Everybody in the council is still working from home all over the country (the parking team are in Scotland!) so tricky to speak to somebody who has any influence. But I dont give up. First thing is video evidence, and if he didn't actually come to my house and got me all stressed for nothing...well...
  9. I can't wait for the video evidence. It's amazing how many visits they claim to make without leaving evidence. I guarantee it will be obscured or something. If they haven't visited, or can't prove it, it's straight to the small claims court for fraud.
  10. No - I didnt? I didn't pay it. It's been on hold and fighting with the council over lack of responses - went to Marston, filed with TEC, Marston came today, clamped the car, said a visit had happened on Monday!
  11. Sorry - fresh visit on Bank Holiday, resulting in the (correct) additional £235 fees. But no evidence of that visit. Car clamped this morning, no extra fees for the clamp. But as I said, fighting the whole thing as it seems TEC didnt get the message back to the Council. My beef is with a visit on bank holiday, and charging fees for that. (and then nothing left at the visit)
  12. Not anymore, car got clamped this morning, so had to pay it all. I'd been fighting this, it went to TEC, cancelled, but doesnt look like the council updated Marston in time. Plus - a supposed visit happened on Monday bank holiday, for which I've asked for video evidence. Either way, it's now a case of clawing it all back through the courts if necessary, which i've had to do previously.
  13. Hi - I had a visit from Marston on Bank Holiday (when I say visit, they say they came, I've received no letters, so awaiting the camera footage) - but I was out all day with my family. They of course counted this as a first visit, and increased my charge by £235. It's for a parking charge - can they come on a Bank Holiday? I thought Sundays & Bank holidays were sacred. Please advise Jude
  14. Hi Brass, no - that definitely wasnt the issue as they admitted to amount was only missing the £235. I'm just confused - if they didnt leave a note, then what proof do i have they had come to my property? Thanks
  15. Do they not need to leave a note? I've had experience where they say they've been and havent.
  16. I paid Marston directly online, I have a receipt for that, and yes, included the £75 in that figure. I've now received a response from the bailiff when I questioned if he visited - "There is an enforcement fee charged and logged with a visit on the 08/11/2019 at 06:20 hrs. I don't know if a letter was left or not. A second visit was logged yesterday morning at 06:31 when your vehicle was spotted parked a cross the road from your address. You can access the full log of all these visits with GPS coordinates from Marston Group. In order to get access to this you have to file a Data Subject Access Request with Marston Group. I will be on XXXXXXX around 09:30 am tomorrow and I can show you what it is recorded on the system. Regards, Marstons" I really dont want to pay and then have to claim back with a small claims court if necessary (although have done that and received £1000 in compensation) Thoughts?
  17. Yes, i received the letter and £75 compliance in the post. That gave me until the 8th to sort out an arrangement. I didnt as was away for the weekend. I got a text from the enforcement agent to say i really need to get this sorted, and I paid yesterday. Today I received a note from him through the door to say the enforcement fee is outstanding. His text says ' On the 8/11 the case passed to an enforcement stage and the statutory fee of £235 was added making the balance £513 as of Friday 8/11. I've contacted you yesterday in order to avoid getting the car clamped etc...: He text me as i've had some dealings with him years ago, so i guess he was helping me out (although only to make sure he got paid..) Their office seem to imply their is satellite confirmation that he came to my property, but 100% no letter received through the door.
  18. Hi - thanks for your help! I had a parking ticket that went to Marstons to be settled by the 7th November, I thought it was the 17th I went online to pay it yesterday (so 1 working day later) and they had added the further £235 Enforcement fee? There had been no visits or letters from them - is this charge legal without them actually doing anything further? Thanks, Jason
  19. Sorry I haven't updated, I spent most of the afternoon on the phone! it turns out that the bailiff I was dealing with, who was refusing to go into further details about the payment arrangement I had apparently made, was lying through his teeth. I had originally spoken to another bailiff, prior to it going on hold, and had simply said that it's going on hold, let's see what happens later. He had then just postponed everything, with NO payment arrangement in place. I called this bailiff, and he confirmed that to be the case. I then called Mr New Aggressive Bailiff who again huffed and puffed, refused to listen and put the phone down - but then had to agree that I was right! It's now back with the original bailiff, and an arrangement in place. No apology of course. I have now raised a formal complaint against Mr New Aggressive Bailiff, and am claiming costs for every phone call and email I've had to make, and for the stress I've had over the last week - I literally have been up at night thinking there is going to be a knock at my door at 6am from this bully who I cannot even have a reasonable conversation with. He refused to speak to me properly, and Equita were no help of course. If Equita do not respond within 14 days, I'll go the small claims court. I've done it before, and won. I will not be bullied into submission by somebody who clearly just revels in the abuse of power he has. I'll keep you all posted! Thanks, Mr J
  20. Hi - sorry this is a separate but partly related to the other post i raised, but I need to know - I had originally made a payment arrangement on one of my outstanding charges, made the first payment, but then the case got put on hold by TFL. Equita are telling me that despite it being on hold, I should have made the second payment, and it's now a broken arrangement, and full force of the bailiff upon me. Is that right? Surely if a new case is on hold completely and doesn't require payment during that time, one that has been part paid is also on hold? Is there a legal precedent that I can actually prove to Equita? Again, this is relating to an imminent visit. Thanks, Jude
  21. Thanks - I've been taking precautions for a few weeks, I've been stung before. Problem is, Equita wont talk to me because they say all info is with the bailiff, so I cannot even get a manager to call me back! I'll await further technical expertise! Jude
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