Sons car clamped by marston for previous owners PCN Fine

[Bailiff Advice]

There are number of potential problems here. Goods become 'bound' under the terms of the warrant from the date of the Notice of Enforcement. What this means is that (depending upon the date of the warrant/NoE), the previous owner would have been prohibited from selling or disposing of his vehicle to your son.

 

Secondly, there appears to be a warrant against your son in relation to a previous road traffic penalty involving your son's previous vehicle (which has been sold).

 

 

My son bought this car from his aunt before getting a quote for insurance. Once he had paid her he found the insurance too expensive and put it up for sale. The man who bought it from him got the ticket - we live in Kent this ticket was incurred AFTER the sale and in Central London where my son has no business in going.

 

I have to be honest here and say that this entire matter is extremely confusing. As I outlined in my answer, there are two separate debts here and for two separate vehicles.

 

The car that has been clamped was only purchased by your son 3 weeks ago. It was detected by way of the enforcement agents ANPR system. Almost certainly, the penalty charge notice (and the responsibility for paying it) would be against the previous owner. It would therefore be for the previous owner to file an Out of Time witness statement and not your son.

 

Question: Has your son contacted the previous owner to inform him that the vehicle that he purchased from him has ben seized in relation to a road traffic contravention?

 

Despite the V5C being in your son's name, the enforcement agent has stated that he is leaving the car clamped in relation to ANOTHER debt that he has on his system:

 

This parking debt is in relation to a car that he sold two years ago. As you have now explained, that particular car was one that he had purchased from his aunt. He kept the car for a very short period of time because the insurance was too expensive. Given the date of the parking contravention, your son is able to ascertain that the person he sold the vehicle to must have committed the contravention.

 

In relation to this 2nd vehicle, did your son ever register it in his name with DVLA?

[unclebulgaria67]

Surely give Marstons Enforcement Agent (EA) notice that unless the clamp is removed within say 24 hours, the local Police will be notified that the clamp will be cut off, as the EA has not provided evidence to support there being a liability owed by your Son, so he has a chance of applying to the court. Explain to the Police what has happened to date, to justify this approach.

 

By the sound of it, the EA is not going to have the car removed and sold, as the value of the car is not high enough to make it worthwhile. The clamp is being left on in the hope the amount requested will be paid.

[Bailiff Advice]

Surely give Marstons Enforcement Agent (EA) notice that unless the clamp is removed within say 24 hours, the local Police will be notified that the clamp will be cut off, as the EA has not provided evidence to support there being a liability owed by your Son, so he has a chance of applying to the court.

 

I am being deadly serious. Removing the clamp will get the son (or the father) into a great deal of trouble:On Friday, I was assisting a lad who had done the same. What happened to him was truly awful:

 

His car was clamped on Monday. A 'friend' removed the clamp and the car hidden away. On Wednesday, the young lad was driving the car on the M25 and unbeknown to him, he was being followed by 2 unmarked police vehicles. After passing a junction, another unmarked car and 6 police cars joined the motorway. He was forced to get out of the car and lay on the motorway while he and his car were searched. While this was happening, 2 lanes on the M25 were closed. He was arrested with 'theft of the vehicle' and taken to the Police station. He was kept in cells on Wednesday night and driven straight to court on Thursday morning and put before the magistrates.

[GrumpyToSayTheLeast]

I am being deadly serious. Removing the clamp will get the son (or the father) into a great deal of trouble:On Friday, I was assisting a lad who had done the same. What happened to him was truly awful:

 

His car was clamped on Monday. A 'friend' removed the clamp and the car hidden away. On Wednesday, the young lad was driving the car on the M25 and unbeknown to him, he was being followed by 2 unmarked police vehicles. After passing a junction, another unmarked car and 6 police cars joined the motorway. He was forced to get out of the car and lay on the motorway while he and his car were searched. While this was happening, 2 lanes on the M25 were closed. He was arrested with 'theft of the vehicle' and taken to the Police station. He was kept in cells on Wednesday night and driven straight to court on Thursday morning and put before the magistrates.

 

I see this all the time but people will still believe that as long as they "think" what has been done was done wrong, they have the right to cut the clamp off. They don't and it leads, in most circumstances, to serious repercussions.

[unclebulgaria67]

I am being deadly serious. Removing the clamp will get the son (or the father) into a great deal of trouble:On Friday, I was assisting a lad who had done the same. What happened to him was truly awful:

 

His car was clamped on Monday. A 'friend' removed the clamp and the car hidden away. On Wednesday, the young lad was driving the car on the M25 and unbeknown to him, he was being followed by 2 unmarked police vehicles. After passing a junction, another unmarked car and 6 police cars joined the motorway. He was forced to get out of the car and lay on the motorway while he and his car were searched. While this was happening, 2 lanes on the M25 were closed. He was arrested with 'theft of the vehicle' and taken to the Police station. He was kept in cells on Wednesday night and driven straight to court on Thursday morning and put before the magistrates.

 

Which is why you notify Police of the issue to see if the issue can be resolved, without leading to this type of situation.

 

Some people don't have the money to pay the EA company and then go through process to reclaim afterwards. The situation has to be resolved, as the clamp cannot just be allowed to stay on, while the EA avoids providing the information, so a court application can be made.

[Debvfm]

The bailiff has finally given us the details this morning!! A whole week of asking him, what a bully he is. It is for London Congestion Charge. The car was registered to my son for the 10 or so days he owned it. He is ringing TFL today AND DVLA to ask for a copy of the slip sent to confirm he sold the vehicle. In the meantime I am going to file an out of time so that the ticket can be re-issued and hopefully get this removed.

[Debvfm]

Hi, could anyone advise on the correct form to complete? I have a PE2 and a TE7. Or is it the form N something?

 

Thank you for your help

[Bailiff Advice]

He is ringing TFL today AND DVLA to ask for a copy of the slip sent to confirm he sold the vehicle. In the meantime I am going to file an out of time so that the ticket can be re-issued and hopefully get this removed.

 

You will need forms PE2 and PE3. You will need the information about the sale for the statutory declaration. The penalty charge will only be re-issued if the application is accepted. You need to be very careful when drafting the forms as they are County Court procedures.

 

Does your son not have any details himself about the date of sale? Was it advertised for sale?

 

PS: Your son will need to take the completed PE2 and PE3 to either his local County Court or solicitor to have his signature witnessed. The court will not charge a fee. A solicitor will charge a fee of £5.

[Debvfm]

Hi thank you that is great. He advertised it on Gumtree I think I will check with him. I have completed these before so should be OK.

 

My son has looked for the details (it was back in February 2017), he has an ABI which confuses things even more - he cannot find them and has moved back home in that time as well just to complicate matters.

[maddie210]

I would certainly be putting in a complaint about this bailiff

[Debvfm]

I have just contacted Northampton County Court and the Bailiff has given us the wrong details for the PCN. I am really on the point of losing it - he it taking total advantage now. It should be two letters followed by 7/8 numbers he has only given us 6701645. No use to man nor beast and leaves us without a car for another few days!! There must be a governing body that oversees Bailiffs?

[Bailiff Advice]

Why were you contacting the Traffic Enforcement Centre?

 

The PCN number can easily be obtained by calling TFL. As the debt is for congestion charging, the first two digits should be TZ followed by 8 numbers. TfL are by far the best local authority and should be able to assist you.

[Debvfm]

I rang them regarding the out of time application. The Bailiff has finally given us the details now - we have also emailed DVLA regarding a duplicate acknowledgement.