Bank Holiday Visit?

[JC101]

Hi - thanks for your help!
 

I had a  parking ticket that went to Marstons to be settled by the 7th November,

I thought it was the 17th

 

I went online to pay it yesterday (so 1 working day later) and they had added the further £235 Enforcement fee?

There had been no visits or letters from them

- is this charge legal without them actually doing anything further?

 

Thanks,

Jason

[Bailiff Advice]

The enforcement fee of £235 may only be charged AT THE TIME OF THE VISIT......not before. 

What you would need to do is to call the company and ask them why the fee has been added when supposedly, no visit has taken place. 

 

Please post back with any response. 

[brassnecked]

Have you had the first Compliance letter, where £75 would be added?

[JC101]

Yes, i received the letter and £75 compliance in the post.

That gave me until the 8th to sort out an arrangement.

I didnt as was away for the weekend.

I got a text from the enforcement agent to say i really need to get this sorted, and I paid yesterday.

Today I received a note from him through the door to say the enforcement fee is outstanding. 

His text says

' On the 8/11 the case passed to an enforcement stage and the statutory fee of £235 was added making the balance £513 as of Friday 8/11. I've contacted you yesterday in order to avoid getting the car clamped etc...:

He text me as i've had some dealings with him years ago,  i guess he was helping me out (although only to make sure he got paid..) 

Their office seem to imply their is satellite confirmation that he came to my property, but 100% no letter received through the door.  

[dx100uk]

who did you pay?

and did you include the £75 in that figure?

[JC101]

I paid Marston directly online,  I have a receipt for that, and yes, included the £75 in that figure. 

I've now received a response from the bailiff when I questioned if he visited - 

"There is an enforcement fee charged and logged with a visit on the 08/11/2019 at 06:20 hrs.

I don't know if a letter was left or not.

A second visit was logged yesterday morning at 06:31 when your vehicle was spotted parked a cross the road from your address.

You can access the full log of all these visits with GPS coordinates from Marston Group.

In order to get access to this you have to file a Data Subject Access Request with Marston Group.

I will be on XXXXXXX around 09:30 am tomorrow and I can show you what it is recorded on the system.

Regards,

Marstons" 

I really dont want to pay and then have to claim back with a small claims court if necessary (although have done that and received £1000 in compensation) 

Thoughts?

[dx100uk]

all seems in order for them

they have proof of visits

what time yesterday did you pay?

if this was after 06:31 AM ...you owe the £235 fee.?

[JC101]

Do they not need to leave a note? 

 

I've had experience where they say they've been and havent. 

[brassnecked]

One issue would be Cleared Funds, as in pay online and it may be 3 days before the payment is showing in their bank

[JC101]

Hi Brass, no - that definitely wasnt the issue as they admitted to amount was only missing the £235. 

 

I'm just confused - if they didnt leave a note, then what proof do i have they had come to my property?

 

Thanks

[dx100uk]

not that I am aware of

though you'd think they would leave something.

 

you'll have to SAR them.

id do that rather than ring.

 

though we all know GPS data can be faked but would someone do that? IMHO no.

 

 

 

[Peterbard]

Unfortunately there is no statutory requirement to leave a notice, although most do.

Were you in at the times they said they called?

[JC101]

Hi - I had a visit from Marston on Bank Holiday (when I say visit, they say they came, I've received no letters, so awaiting the camera footage) - but I was out all day with my family. They of course counted this as a first visit, and increased my charge by £235.

 

It's for a parking charge - can they come on a Bank Holiday? I thought Sundays & Bank holidays were sacred.

 

Please advise

Jude

[Bailiff Advice]

Since 2014, legislation provides for enforcement agents being able to make a personal  visits on both Sundays and Bank holidays. 

An enforcement fee of £235 is the correct charge.

If the bailiff returns a 2nd time, he cannot make another charge.

The fee of £235 can only be charged once. 

[brassnecked]

Could you give a bit more background please, were you aware of any PCN? also might be better to park car away from your property, as if they do come back marstons are clamp happy so might well clamp your car.

[dx100uk]

Is this you old marston pcn again from last year? Or another one?

 

 

[JC101]

It is actually, still fighting it! Council being council..

[dx100uk]

so the £235 enforcement fee is still what is outstanding ?

 

 

[JC101]

Not anymore, car got clamped this morning, so had to pay it all. I'd been fighting this, it went to TEC, cancelled, but doesnt look like the council updated Marston in time.

 

Plus - a supposed visit happened on Monday bank holiday, for which I've asked for video evidence. Either way, it's now a case of clawing it all back through the courts if necessary, which i've had to do previously. 

 

 

[dx100uk]

 do you mean the old visit was on a bank holiday or you had another visit this BHM (with no more fees i hope?) and now this one today has resulted in clamping and paying?

[JC101]

Sorry - fresh visit on Bank Holiday, resulting in the (correct) additional £235 fees. But no evidence of that visit.

Car clamped this morning, no extra fees for the clamp.

But as I said, fighting the whole thing as it seems TEC didnt get the message back to the Council. 

My beef is with a visit on bank holiday, and charging fees for that. (and then nothing left at the visit)

[dx100uk]

but why did they visit?

 

i thought you paid the old PCN sum + £75 compliance/Enforcement fee, so the old £235 which was disputed then was bogus?

 

so what debt did they visit for now??

[JC101]

No - I didnt? I didn't pay it. It's been on hold and fighting with the council over lack of responses - went to Marston, filed with TEC, Marston came today, clamped the car, said a visit had happened on Monday!

[dx100uk]

oppss!

 

 

[JC101]

I can't wait for the video evidence. It's amazing how many visits they claim to make without leaving evidence. I guarantee it will be obscured or something. If they haven't visited, or can't prove it, it's straight to the small claims court for fraud.