Marston Notice of Attendance and Notice after taking control of goods(on a highway)

[Rockstarpup]

Hi,

 

Help needed pls.

 

I popped out the other day and my kids were home, and when i got back my kids are all upset, scared and distraught. The kids told me that someone was banging on the door , window and garage doors very loud and hard for about 20 mins. Obviously i was upset too, and not very happy that my kids felt terrorised in their own home.

 

A enforcement agent from marstons had clamped my car which was on the drive, and also posted a letter. This is the first time they have called regarding this matter or sent any letters about this pcn.

 

I was not the driver of the vehicle at the time when the parking ticket was issued , and neither was i aware of it!

 

I have not received any letters from them regarding this matter previously, until they came the other day banging down the door.

 

They are saying i need to pay in full 392.00, which consists of debt of 82, compliance stage fee of 75 and then an enforcement stage fee of 235.00.

 

I did call the agent and he says i need to pay it all before he takes of the clamp. He want take any instalments. I told him that the car is on hp, and he is using it as leverage for me to pay it all, but he says i just need to pay it all before they take the clamp off.

I spoke to the office to tell them i know nothing about it , they would not listen, and told me i need to pay it all . I told her that why have they clamped the car because they can't take it as it on hp, she told me that she has spoken to the hp company, and they are happy for then to take the car. Which is so untrue, as firstly she does not even know who the hp is with. She was very rude , and then hung up saying she is going to terminate this call.

 

Are they allowed to clamp my car on my drive, and then leave a letter saying taking control of goods on a highway?

Are they not supposed to give me any notice they are going to come, or the fine has been passed to them, and why are they adding compliance fee and enforcement stage fee at the same time.

 

I was not the driver, i knew nothing about this ticket until last week. I have never had a parking ticket, and if i did know i would have paid it whilst you pay only half the amount.

 

Please help, and advise greatly appreciated.

[brassnecked]

If you genuinely knew nothing about it and it was a council PCN contact the Northampton TEC to apply for an Out of Time dedcdflaration, has anyone else neen driving your car, and have you only recently aquired it?

 

Others will no doubt be along soon to help further, If Marstons were to take and sell the car they would be in trouble,

 

"she told me that she has spoken to the hp company, and they are happy for then to take the car." balderdash and feldercarb, no fracking chance ( Battlestar Galactica insults)

 

and a HP company is highly unlikely to permit the sale of the car by marstons, as they would be in breach of their contract with you, and you could sue them for the return of all payments and deposit on the car.

[Rockstarpup]

i genuinely knew nothing about the ticket, and it was my other half who had been driving it when he got the ticket. I don't even know if it was a council parking ticket.

[Rockstarpup]

it states on the notice he left, he has wrote in the box:

 

warrant of execution

manchester council

non payment pcn

 

 

so is that a council ticket then?

[unclebulgaria67]

it states on the notice he left, he has wrote in the box:

 

warrant of execution

manchester council

non payment pcn

 

 

so is that a council ticket then?

 

Yes it is a council parking ticket.

 

Being that it is a bank holiday weekend, you are going to have a long wait with a clamp on the car, before TEC will look at your application. Could you afford to be without the car for over a week ? Marstons will be back to take the car.

 

I think you will have no choice but to pay Marstons, but you should make a note that you have paid under dispute and that you will be making a complaint.

 

You can then still try to deal with the parking ticket and if you are successful, you can claim your money back.

[Rockstarpup]

i am ok to not have the car without a week, as it was on sorn on the driveway.

 

surely they can't take the car if its on hire purchase???

[unclebulgaria67]

i am ok to not have the car without a week, as it was on sorn on the driveway.

 

surely they can't take the car if its on hire purchase???

 

They might. It depends on what hassle Marstons are willing to accept, as they will have to deal with the HP company.

[Rockstarpup]

i can't afford to pay, so if i was to complete a out to time statutory declaration, what does that mean and what would actually happen?

[Rockstarpup]

also, are they not supposed to send a notice of enforcement before they just turn up on your doorstep.

[ploddertom]

You need to find out the exact address including postcode that is on the Warrant. The Notice of Enforcement will have been sent to the Warrant address which is why it is important to find out.

 

After the ticket was issued several notifications will have been sent by the Council to the address they will have received from the DVLA, they can only use the address that was in force on the date the ticket was issued.

[Rockstarpup]

hi,

 

it seems my partner kept these letters about this ticket from me, what should i do??

 

so even though they sent letters , i personally did not get them to read, so was aware of the ticket until last week

[unclebulgaria67]

hi,

 

it seems my partner kept these letters about this ticket from me, what should i do??

 

so even though they sent letters , i personally did not get them to read, so was aware of the ticket until last week

 

In the absence of the person responsible for this ticket paying the bailiff the amount due, you will be responsible as the registered keeper of the vehicle.

 

Try to find a way to pay and learn from this. If people paid parking tickets when they were first invoiced, bailiffs would find themselves out of work.