Cleared of theft after taking own car back (Marstons)

[TimeToStandUp]

Story of a man who won a court battle after taking his car back after Marstons seized it...

 

 

Not that they did not even offer any evidence

 

 

http://www.kentonline.co.uk/folkestone_express/news/john-garrod-10996/

[HCEOs]

I'm surprised they didn't offer any evidence.

 

If the vehicle was genuinely seized and the debtor removed it without consent then he is certainly guilty of an offence.

[lookinforinfo]

I'm surprised they didn't offer any evidence.

 

If the vehicle was genuinely seized and the debtor removed it without consent then he is certainly guilty of an offence.

 

If Marstons had done everything by the book they would have turned up at Court. Their non appearance in Court speaks volumes.ht in Court

 

They maybe wouldn't want any skulduggery coming to light in Court.

[josephbloggs]

How it reads - i think its most likely either been paid, or the car sold to raise the money, and that being said marstons have their money so dont see the need to take action regarding him initially removing the car.

[brassnecked]

How it reads - i think its most likely either been paid, or the car sold to raise the money, and that being said marstons have their money so dont see the need to take action regarding him initially removing the car.

Marstons snached the car back after police stopped the man a fortnight later whilst driving the car in the course of his business.

[josephbloggs]

Marstons snached the car back after police stopped the man a fortnight later whilst driving the car in the course of his business.

 

Yes so they got the vehicle anyway so surely no need to take it any further once they got what they wanted. Hence why they didnt bother to turn up in court?

[brassnecked]

Yes so they got the vehicle anyway so surely no need to take it any further once they got what they wanted. Hence why they didnt bother to turn up in court?

Makes Marstons look like plonkers to the babylon after they cried wolf though, and the police and CPS ran with it, perhaps Marstons should be done for wasting police time along with some other bailiffs who take the urine?

[tomtubby]

I couldn't respond sooner on this story as I only had access to my Blackberry.

 

I heard about this matter many months ago and if its the same case ( which I'm sure that it is) the bailiff company sold the vehicle and the debtor was prosecuted by the Police for criminal damage to the wheel clamp. Therefore, Marston Group would not have "cried wolf" as they were not persuing a case against the debtor.

 

 

PS: Please see corrected post below.

Edited January 8, 2014 by tomtubby

[tomtubby]

A correction. There are 3 prosecutions that I know of at varying stages of legal action regarding the removal of a wheel clamp and upon checking my files this afternoon this particular prosecution was by the police and was NOT in connection with cutting off a car clamp. His vehicle was sold by the bailiff company to clear their debt.

 

Instead, the police prosecuted the debtor regarding the OWNERSHIP OF THE VEHICLE. It was nothing at all to do with a wheel clamp.

[brassnecked]

Thanks for the clarification TT But in that case as case dismissed Who was the owner?