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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Marstons wrongly executing warrant for paid fine - harassment of pregnant partner – chasing for refund and compensation


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A marston agent attended my property and wrongly executed a warrant that had been dealt with by the issuing court. The court in question had not relinquished the warrant but I had all the relevant paperwork to prove it had been dealt with but the bailiff refused to take that s proof or let me call the court for them to clarify.

 

I was not at home at the time but my heavily pregnant partner was, by the time she called me she was hysterical and in floods of tears. The agent had terrorised her with threats saying that he was going to remove goods unless payment was made in full and that he was not going to accept the paperwork that proved the warrant should not have been executed. I spoke to him and explained that it had been dealt with in court and a call to the court would get it rectified but he point blank refused and said that if I didn’t make payment now he would get the removals van.

 

I felt that I had no choice as I was extrememely concerned about my partner’s condition being so heavily pregnant. I paid over £1000 over the phone and when I got home a quick call to the court proved I was right. It has now taken since January 12th 2015 to this day, still with no proper investigation or response from Marstons directly answering my complaints that I find myself at my wits end with them. I have 2 active complaints which are currently being ignored by their ‘customer care’ team, I have written and emailed their board and I am still to get any kind of response.

 

I have notified CIVEA and they are fully aware but won’t act until Marstons have exhausted their 3 stage complaints procedure. I really do not know what to do now. All I want is my money and compensation for what I have reasonably incurred due to them not refunding my money and the financial distress it has caused me and my family.

 

Can anybody help?

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I am so sorry to hear of your complaint.

 

In the first instance, you need to be aware that once a warrant is passed to an individual enforcement agent, he or she must obey by the precise wording on the warrant which COMMANDS that the enforcement agent must attend to 'take control of goods'. Accordingly, if there had been an error with the warrant (in that it should not have been enforced) it is for the court to instruct Marston's to cease to enforce. In other words, the court are wholly responsible.

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Thank you fro your response Bailiff Advice.

 

It looks like my contacting the board has forced the issue. I have been contacted today and a full investigation is being undertaken, at least that is what they have said. I will update accordingly with any news.

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Thank you fro your response Bailiff Advice.

 

It looks like my contacting the board has forced the issue. I have been contacted today and a full investigation is being undertaken, at least that is what they have said. I will update accordingly with any news.

 

Please do update the board and thank you for letting us know.

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Do you know if the visit was video'd by the EA?

 

It would be very helpful if you would email me on our admin email address with any reference number you have relating to this and also some contact details.

Thank you

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The Video footage was lost by Marstons funnily enough, which I found quite lucky for them.

 

Ah yes, that old trick, how utterly pathetic!

Bet they're watching it and laughing at it now.....make my teeth itch these arrogant bullies.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi BankFodder - The Video footage was lost by Marstons funnily enough, which I found quite lucky for them.

 

I will send details through now

 

Ah yes, that old trick, how utterly pathetic!

Bet they're watching it and laughing at it now.....make my teeth itch these arrogant bullies.

 

Have to agree with BB here. How on earth do Marston expect they are to be taken seriously and/or cleaning their act up when this happens. They either use the systems or they don't and stop fudging the issue when complaints are made. No wonder they are thought to be just as bad if not worse than before. About time they behaved themselves instead of trying to hoodwink people - hope in this instance they get more than their knuckles rapped, there was nothing stopping the attending Officer checking but he was blinded by the ££ signs in front of his eyes.

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Details sent to admin.

 

I have had dealings with them in the past and nothing has changed. I am completely aware of what they are allowed and not allowed to do yet the openly flaunt the rules put in place to protect consumers and nothing ever seems to get done to reprimand them.

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To me part of the problem is that they should not be able to investigate their own complaints. In a similar vein CIVEA are paid for by their members - the enforcement companies - so how can they be taken seriously. It's very much the old boys network and scratching of backs seems to reap rewards. I think you should also direct a complaint to the MOJ.

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If the court is at fault for not recalling the warrant then a Formal complaint shopuld go into HMCS, copied to MOJ. As to video, I feel it should have a retention time of not less than 12 weeks, and indefinite as in until a complaint is investigated. It seems too convenient all these incidents where footage has vanished.

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The court has admitted their fault in the problem and has responded in a professional and timely manner. They issued my refund within two days of asking and I have had no issues with them at all. It seems that after contacting the Marston board that my complaint is now being dealt with properly, but I will wait and see what happens.

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MOJ?

 

I did contact the HCEOA as well but they only sent a standard response

 

MOJ = Ministry of Justice

 

HCEOA would not be interested in this case as they only deal with High Court matters.

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The matter of the video was debated on other thread a week or so ago, and whether we like it or not, the advice from the Information Commissioners Office was then the footage should only need to be retained for a period of 28 days.

 

Two weeks ago the Local Government Ombudsman (in relation to council tax and parking debts) suggested that enforcement agents should consider extending that period to 3 months from the date of a final response (to a complaint) to a local authority.

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It appears there was enough evidence at the time for the Officer to retire - your heavily pregnant partner - upon the grounds of vulnerability, or did he thing she had stuffed a pillow up her jumper. Maybe Marstons instructions on vulnerable people need to be reviewed or better still all their agents need a lesson in the classroom.

 

I find what has happened beggars belief and sincerely hope they do not get away with it again.

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They certainly will not be getting away with it!!

 

The evening after they attended my partner was admitted into hospital due to reduced foetal movement due to the extreme emotional distress and anxiety caused by their agent. I had to take a week off work to be with her and despite my company being extremely understanding at the time I had not been there very long I had to take it unpaid. I am claiming reasonable expenses incurred and have requested they make an offer for the extreme emotional distress and anxiety caused by their agent, to my partner and to me.

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Good for you, but being the belligerent bully boy bailiffs that they are, I bet they won't pay easily!

 

Would be good to get a rival firm to go and do the same to them!:boxing:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That I have Bailiff Advice. The court has admitted their fault in the problem and has responded in a professional and timely manner. They issued my refund within two days of asking and I have had no issues with them at all.

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Even so the Marstons agent needs to be held accountable for his actions, as do they as a company for their complete lack of customer care in dealing with my refund which took 51 days to be issued, and dealing with my complaints which are now well over 60 days with no resolution offered.

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That I have Bailiff Advice. The court has admitted their fault in the problem and has responded in a professional and timely manner. They issued my refund within two days of asking and I have had no issues with them at all.

 

Delighted to hear this. Was the refund just for the amount of the court fine or did it include enforcement agent fees as well?

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Hi BankFodder - The Video footage was lost by Marstons funnily enough, which I found quite lucky for them.

 

I will send details through now

Received thank you.

 

I have responded by email. If you don't see in your inbox then please check your spam folder

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Delighted to hear this. Was the refund just for the amount of the court fine or did it include enforcement agent fees as well?

 

No it was for their part of what was taken. I chased Marstons for 51 days to get my refund from them

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