Marston Group dealing with Parking Ticket

[Darren007]

I had a parking ticket which I forgot to deal with.

 

Had a visit on 20 August from Marston Group at 6am and the chap told me that I he would clamp my car ubless I paid the £309 owed.

 

I explained that I had disputed the charge with Local Authority but could not risk being without my car as needed for work. Reluctantly paid by credit card and asked that he arrange for a detailed breakdown be sent. Nothing arrived.

 

Wrote to Marston and see that they have charged me as below:-

 

Fine £125

1st Letter £11.20

1st Attendance £38.14

Immobilisation Fee £100

 

The car was never immobilised. What the chap did was to drape a chain on the wheel and say that he would have to fit this unless I paid.

 

Is there anything i can do. Have contacted my credit card irm to advise that I may have to dispute transaction (assuming I can).

 

Thanks

 

Darren

[Guest BURP]

You can ask your credit card company for a chargeback form and apply for a chargeback under Section 75 of the Consumer Credit Act 1974 because the bailiff has made a breach of contract by overcharging you with his fees. It is also a criminal offence for a bailiff to defraud anyone with his fees. You can make an official complaint against the bailiff and ask you are remunerated the clamp fee. The first attendance fee £38.14 is a new one. Phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download a Complaint form from http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and in the details of complaint (tweak as needed)

 

On August 20, 2008 I was visited by the bailiff collecting an unpaid parking ticket. He demanded £309 and threatened to clamp my car if I failed to pay there and then and this was at 6am.

 

I informed the bailiff the ticket was in the appeal process but he ignored me. I did not sign anything given to me by the bailiff and no goods were transported giving raise to any reasonable costs prescribed under the regulations.

 

He threatened to clamp my car and added a further £100 and no clamp was fitted. The fees demanded are. Fine £125, 1st Letter £11.20, 1st Attendance £38.14, Immobilisation Fee £100.

 

I understand the 1st attendance fee is unlawful according to regulations prescribing bailiffs fees as well as "immobilisation" fees.

 

I have tried to reach an amicable resolve with the bailiff and asked for a refund of unlawful fees with his firm but they have become defensive and vexatious in nature. I also understand this also commits an offence under Section 2 of the Fraud Act 2006.

 

I ask that I am reasonably compensated for seeking discovery of information and bringing this matter to court

 

Send the form to the certificating court with a simple covering letter asking for it to be placed before a judge.

[Darren007]

I did have to sign a docket for the payment. Does that put me in a problem?

[Guest BURP]

If it is just a receipt then it doesn't change anything. If its walking possessions agreement then you probably signed it under duress and you can revoke the fee on that basis because the bailiff did not properly explain to you what you were signing. Golden rule #1 of dealing with bailiffs. Never sign anything handed to you by a bailiff. Hindsight is a wonderful thing.