Marstons want £300 for council parking fine

[gavmoulds]

This is all a great shame......as subsequently the Police were involved and I was arrested for theft of the clamp.

 

Get this for bribary...if I did not agree to my involvement and accept a Conditional Caution..then they were going to arrest me for theft of the vehicle...even though its 'legal' owner...aka the finance company had no knowledge of the whole thing and certainly did not report it stolen.

 

THIS PART for the LEGAL EXPERTS.........I was given a caution for theft even though I have returned the clamp to the owner. How the hell does that work.

[old bill]

This is all a great shame......as subsequently the Police were involved and I was arrested for theft of the clamp.

 

Get this for bribary...if I did not agree to my involvement and accept a Conditional Caution..then they were going to arrest me for theft of the vehicle...even though its 'legal' owner...aka the finance company had no knowledge of the whole thing and certainly did not report it stolen.

 

THIS PART for the LEGAL EXPERTS.........I was given a caution for theft even though I have returned the clamp to the owner. How the hell does that work.

 

Firstly, the bailiff has clearly lied to the police and the police, stupid idiots, haven't, by the sound of it, done any investigation whatsoever. What they have done amounts to Abuse of Authority, Wrongful Arrest and Unlawful Detention.

 

Where is the evidence you intended to permanently deprive the bailiff of his clamp?

How can you steal a vehicle of which you are the registered keeper and the finance company has given you authority to use?

How can you steal a vehicle which the bailiff was attempting to seize illegally?

 

I would make a formal complaint, immediately, to the chief constable of your local police force and, also, to the Independent Police Complaints Commission (IPCC). I would also report the bailiff using the Form 4 procedures. What he has done is serious. Making a False Report of a Crime to the Police is a criminal offence in itself. If you need any help drafting a letter to your local chief constable and the IPCC, please send me a PM.

[brassnecked]

It may have been better to refuse the caution, and argue the toss, as this bailiff and the police officer were wrong, the clamp was never stolen, and was not damaged. the car was on finance, so could never have been lawfully seized by the bailiff, so the levy he used to ground the allegation of theft was wrongful. I'm with old bill on this one complaints and a written statement as to what happened, and where and how the basis the caution was given was unsound. How do you recind a caution? is it like an appeal, or will the complaints serve as an appeal?

[old bill]

It may have been better to refuse the caution, and argue the toss, as this bailiff and the police officer were wrong, the clamp was never stolen, and was not damaged. the car was on finance, so could never have been lawfully seized by the bailiff, so the levy he used to ground the allegation of theft was wrongful. I'm with old bill on this one complaints and a written statement as to what happened, and where and how the basis the caution was given was unsound. How do you recind a caution? is it like an appeal, or will the complaints serve as an appeal?

 

Because of the circumstances, this will need to be referred to the chief constable for the area in which Gavmoulds lives and the IPCC. This is because there is evidence of Abuse of Authority, Neglect of Duty, Wrongful Arrest, Unlawful Detention and, quite possibly, Misconduct in Public Office on the part of the police officers involved. As stated in my earlier post, the bailiff has clearly lied to the police and the police have clearly failed to carry out a proper and thorough investigation of the matter.

 

The Duty Officer (Inspector) who dealt with Gavmoulds at the police station is in clear breach of PACE and could face disciplinary action over this. The fact that coercion was used is a possible Abuse of Authority and, certainly, Disobeying A Lawful Order (failing to comply with PACE). Gavmoulds will have to wait for the chief constable and IPCC to complete their investigations before it is decided what action is taken.

 

My recommendations for redress should certainly include a personal apology from the inspector and other police officers involved. This is often better than fighting for compensation as having to personally apologise to someone is a very humbling experience for a police officer and also heals any ill-feelings. If the police have any sense, they will arrest the bailiff for Making A False Report and Attempted Theft of A Motor Vehicle. The caution will need to be quashed as it has been wrongly administered. That is something Gavmoulds needs to discuss with the chief constable for his area and the IPCC.

[seanamarts]

If you need any help drafting a letter to your local chief constable and the IPCC, please send me a PM.

 

I just need to remind people that CAG do not advise sending personal information via a PM, it would help to keep all information (omitting pers info) on the thread as this will help others as ref; for future readers.

 

cheers guys

[gavmoulds]

Hi all...apologies if this should be in the other section.

 

I cannot seem to get a definitive answer on Parking in a council property car park...is itprivate...public or what and can I be clamped in there.

 

It is also necessary to mention that the clamping is for old parking tickets..from years ago..and to make it even more complicated its for a new financed car...whcih I know should not be touched.

 

But...its the main...can it be clamped in the council car park I am really interested in.

[sailor sam]

There would of been a notice attached to the car, what does it say? Basically if the 'old parking tickets' were issued by the LA (council) and they weren't appealed against or paid, then the LA would of issued an NTO. If that is ignored, they then apply for a charge certificate (removal warrant) via the TEC at Northampton. Once issued, bailiffs can clamp (and remove) the RK's car where ever they find it. So answer to your question is 'yes'.

 

Please Note

 

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[gavmoulds]

even if I do not own the car...surely not...

[sailor sam]

even if I do not own the car...surely not...

 

If its registered to you then I think they can, yes. The registered keeper is normally responsible for parking tickets. Unfortunately, they won't go away once the warrant has been issued and their charges will simply keep mounting up. Did you not receive the NTO(s)?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[gavmoulds]

we are moving on to a slightly different issue but it still need s addressing I think....I really do not think any bailiff is allowed in law to clamp anything or make any kind of levy etc if the property is clearly not 'OWNED' by the person they have a debt against.

[sailor sam]

we are moving on to a slightly different issue but it still need s addressing I think....I really do not think any bailiff is allowed in law to clamp anything or make any kind of levy etc if the property is clearly not 'OWNED' by the person they have a debt against.

 

With respect, the bailiff will be using the information available from the LA who will have provided them with the details of the RK. That information will not necessarily show who the owner of the vehicle is so the bailiff has no way of knowing that you do not 'own' the car. Also, you say "we are moving on to a slightly different issue..." how so? you are in this position due to 'old parking tickets' by your own admission which is why your vehicle has been clamped. Problem is , if you do not deal with it quickly, no doubt the car will be impounded. Now you can either seek further advice to check the legalities of the bailiff levying on the car which you don't own, or apply to have the warrant suspended via the TEC stating the reasons that you didn't respond/receive notification about the parking tickets.

 

As far as I can tell, those are the only options available to you at this stage.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Michael Browne]

AIUI bailiffs cannot clamp a vehicle which is subject to a finance/hire purchase agreement.

[gavmoulds]

thank-you...I knew that was the case

[sailor sam]

Actually i've done a bit of digging and found this. But as I thought, the onus is on you to prove the vehicle is subject to finance as the bailiff is unlikely to be aware of that.

 

http://www.pilesadvice.co.uk/canthebailiff_mycar.htm

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Jamberson]

The issue of land ownership is irrelevant. The issue is whether the council has a Parking Order in place to enforce parking retsrictions at that location. If it does, it may exercise its right to clamp you for a contravention it would not normally clamp for, in order to force you to address your existing PCNs.

 

That said, the finance issue might get you off the hook on this one.

[gavmoulds]

Ok lets just straighten this out a litte

 

I have a financed vehicle

 

It is nothing to do with the alleged debt

 

It is parked in a locked car park on council property

 

The bailiffs are from Marstens......

[Jamberson]

I think they can clamp a vehicle on finance, although they would not be able to remove it. (To stop them, you'd need to play ball and show them documentation to prove it is on finance, or they'll probably take it anyway and you would then have to go to much greater lengths to get it back.)

 

Whether the vehicle is connected to the debts is irrelevant. You are (supposedly) liable for the debts and they can take your property - including a car which was nothing to do with the PCNs.

 

The locked car park on council property is a tricky one. They cannot force entry - ie break the locks - unless thay have gained entry and levied previously. However if it belongs to the council, could they gain entry with the council's consent - in other words, would the council give them access to their land? If so, they can proceed.