Marstons want £300 for council parking fine

[gavmoulds]

Hi all. Ive just got a notice from MARSTON full of all kinds of crap designed to scare people into paying extorionate fees. It states that it is a removal notice under the terms of a warrant issued on behalf of the council. Its a parking ticket which I thought I had paid. The amount is 374.16 which ofcourse is outrageous for this visit.

I contacted the above mentioned ******* who will only accept the full amount. I was bankrupt last year and am now unemployed. i spent the whole day on the phone yesterday which only resulted in him becoming abiusive and me threatening him. I have contacted the compnay without success and now emailed them with a type of complaint. i receievd an automated reply which basically states that if my account is with an enforcement officer then I can only discuss it with him. its him i am compalining about.

 

I just cannot win. I want to make an offer of paying half in 2 weeks and then half 2 weeks after. I have been advised that this is totally acceptable but neither he or the company will not accept anything I offer except the full amount.

 

I am worried about my car being clamped what can I do. The car on hp by the way I dont own it yet.

[BankFodder]

Did you get this ticket before your bankruptcy? or after it.

[gavmoulds]

It was before the bakruptcy but it wasnt included on the dbtors petition

[tomtubby]

For a PCN the fees that a bailif can charge are provided for in the Statutory Regulations (The Enforcement of Road Traffic Debts Order 1993) and this provides that for a PCN that has increased to £125 a 1st visit fee is £38.14 and a 2nd visit fee is £48.82.

 

For a PCN at £155 the 1st visit fee is £46.54 and a 2nd visit fee is £56.70.

 

I am hoping that by Monday I will have managed to finish completing a new STICKY with the fee scales for unpaid parking tickets and council tax.

 

In your case, the vehicle is on Hire Purchase. Therefore it is not yours. The bailiff CANNOT clamp the car. This is because, by clamping he has effectively seized the vehicle. He can ONLY seize goods OWNED by you. The car is OWNED by the hire company. IT IS NOT YOURS.

 

He could come into your home and remove items, but he can only do so if you invite him in and and frankly, this would be VERY foolish indeed.

 

Furthermore, he can only seize what he can sell, and if he cannot sell the goods....he cannot seize them.

[Cyberprog]

If you can remove the clamp without damaging it (or get a locksmith to do the same) then that's fine also

[tomtubby]

From reading the original post again it does not appear that the car has been clamped.

 

Also, all bailiff companies will carry out an HPI search BEFORE a visit is made to check whether the car is exempt of has been sold or scrapped.

[Cyberprog]

They also claim to check the owner - but as you may already know, the RK is not necessarily the owner.

[gavmoulds]

Thanks everyone...but my opinion is this.....he will clamp the vehicle regardless simply to cause me maximum inconvenince and to bully me into borrowing money.

 

I also found out that 'enforcement' which in my opinion includes clamping..can only be carried out between the hours of 6 am and 9 pm. despite this my vehcile was clamped last year in the middle of the night.

 

Also...if he clamps the vehicle when he shouldnt...he wont remove it unless I pay him the money...wher do i go with that.

[caledfwlch]

Thanks everyone...but my opinion is this.....he will clamp the vehicle regardless simply to cause me maximum inconvenince and to bully me into borrowing money.

 

I also found out that 'enforcement' which in my opinion includes clamping..can only be carried out between the hours of 6 am and 9 pm. despite this my vehcile was clamped last year in the middle of the night.

 

Also...if he clamps the vehicle when he shouldnt...he wont remove it unless I pay him the money...wher do i go with that.

 

Its simple. The Clamp simply vanishes overnight - you have no legal obligation to its, and its absolutely not your problem, if the local chavs have stolen said clamp to sell for scrap metal, you know what chavs are like!

 

If it somehow fell into a river out of sight and mind, its the bailiff's problem, not yours

[gavmoulds]

hmmmmmm...getting it off could be interesting but theres plenty of it on you tube.

[ploddertom]

As you say th vehicle is on finance, providing you give proof of this you are worrying unnecessarily. If really concerned then simply park elsewhere - a good 10 minute walk away.

 

PT

[gavmoulds]

These people are priceless...I am now unemployed and in the bailiff code it states that this should be taken into consideration and indeed unemployed are to be considered as vulnerable persons.

 

despite offering to pay 100 towards a 300 debt..followed fortnightly by 100 pounds payments the bailiff refused and said he will only accept the full amount. Marstons being ever faithful and the rudest people i have encountered on planet earth..state the same..they will only accept the full amount.

 

They are refusing payment...refusing to accept my unemployed status and I was bankrupt last year too.

 

I did have some money to commence the above mentioned payments but it has now gone on household bills.

 

He has no chance whatsoever of getting into my place...block of flats...yet he keeps coming back...when he knows there is nobody in and adding on more and more charges...which incidentally are far higher than what is listed in the bailiffs code of practice.

 

what can i do about these people......I have written a formal complaint but as usual they claim to be acting within the rules etc etc...bollox

[brassnecked]

As a first stage could you sday what the debt is for and for how much, what are the charges the bailiff has added and for how much?

 

Has he levied on anything? he may even levy on a naighbours or random car (unlawful) to ground his fees.

 

Once the regulars know this the bast advice can be given, as the bailiff charges can usually be challenged, due to their lying cheating nature, they often trip up and apply unlawful charges.

[gavmoulds]

These people are priceless...I am now unemployed and in the bailiff code it states that this should be taken into consideration and indeed unemployed are to be considered as vulnerable persons.

 

despite offering to pay 100 towards a 300 debt..followed fortnightly by 100 pounds payments the bailiff refused and said he will only accept the full amount. Marstons being ever faithful and the rudest people i have encountered on planet earth..state the same..they will only accept the full amount.

 

They are refusing payment...refusing to accept my unemployed status and I was bankrupt last year too.

 

I did have some money to commence the above mentioned payments but it has now gone on household bills.

 

He has no chance whatsoever of getting into my place...block of flats...yet he keeps coming back...when he knows there is nobody in and adding on more and more charges...which incidentally are far higher than what is listed in the bailiffs code of practice.

 

what can i do about these people......I have written a formal complaint but as usual they claim to be acting within the rules etc etc...bollox

[dx100uk]

and the debt is?

 

dx

[gavmoulds]

parking ticket

[hallowitch]

who did you make the formal complaint to

[gavmoulds]

Marstons

[hallowitch]

find out who the chief executive of your council is and make your formal complaint to him copy in the council revenues department and marstons

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?212401

[gavmoulds]

I will try and keep this as simple as poss.

 

Parking fine....loads of charges...unemployed....car on HP...three visits by an IDIOT.

 

Formal compalint to marstons about charges..being unemployed etc. They want the full amount and nothing else.

 

So..today just as I am getting into my car..DICKHEAD...arrives..drives into a private locked car park...blocks me in and puts a clamp on my vehicle. I explain to him its on HP and he is acting well outside of his authority...he wont have it.

 

I call police..he has a thug with him so I complain that I am in fear.(this was 0930 this morning..still no response afetr 2 further calls).

 

He wont remove the clamp i remain calm and lock the cr park gates preventing him and hi sthug from leaving.....he says ok he is waiting for a tow truck eitehr way.

 

time goes on he is standing in the rain looking like a Piers Morgan....a locksmith friend of mine attempts to remove the clamp he gets unhappy I call police again.

 

he states that a truck is coming to remove the vehicle..I explain again about the many times i have offered payments which he and marstons have refused. I also explain that both he and marstons will be fully aware of the vehicle status.

 

I also explain that i will be sitting in the car as is my right and any attempt to remove it with me inside it will be a clear criminal offence of Kidnap and false imprisonment.

 

I remain in car...coem out for a quick chat with worried wife. he trys to talk I ignore. i explain yet again that neither he or mrastoins can levy on the vehcile which is on HP..

 

GET THIS....HE THEN claims to have NEVER HEARD OF MARSTONS.....I SAID MARSTONS...HE SAID AGAIN NEVER HEARD OF THEM.

 

I AM ASTONISHED...he has put two notices through my door from marstons with his name on and I have spoken to him several times on the phone. I have also spokent to marstons...I have even put a formal complaint to marstons who fully aknowledge that he is acting on their behalf.

 

THIS IS THE BEST BIT...read very carefully.

 

He knocked on the window...said I have better things to with my time and REMOVED THE CLAMP.

 

REMOVED THE CLAMP........YES REMOVED THE CLAMP AND DROVE OFF.

 

Wierd or what...answers on a postcard etc........explain this one.

[brassnecked]

He probably didn't want to be the star of the show when the press arrived...

[Debtbutt]

well done,

[gavmoulds]

Hi all......I have read the information about a 'levy' on a vehicle which is not owned by the debtor.

 

Recently however, I was graced with the presence of a Marstons [EDIT] who informed me that a Lien had been placed upon my vehicle.

 

What difference does that make. The vehcicle is on finance either way and should not have been clamped.

 

Either way I removed the clamp and hid the vehicle.....he was most distressed.

Edited March 22, 2012 by ims21

[ploddertom]

Have you returned the clamp to him? Have you provided proof of the status of the vehicle? have you checked to ensure the levy and all or any associated charges have been removed?

[old bill]

The bailiff was distressed? Oh the poor lamb (I'm being sarcastic.) He needs reminding that trying to levy, seize or place a lien on a vehicle without lawful authority is an offence under Section 2, Fraud Act 2006 and that using or being in possession of an article for use in connecction with fraud is an offence under Section 6, Fraud Act 2006. In these circumstances, a wheelclamp is an article for use in connection with fraud. You could also quote him Section 25, Theft Act 1968 (Going Equipped to Steal), but Section 6, Fraud Act 2006 is easier to prove.

 

Anyone on CAG who wants to find out more about the criminal justice system, go to the CPS's Legal Guidance section which is online and can be freely accessed by anyone. The police use this for making charging decisions.