Offered Goodwill Payment from Marstons TFL for aggressive EA

[londo]

I received PCN's from TFL and Southwark. 08/06/19 I spoke with Southwark regarding PCN's and thought it was sorted.

 

Didn't hear anything back until 17/01/20 when my car was taken by Marston EA. TFL & Marston say they sent letters but have no proof.

 

I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply. (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.

 

When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine). I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.

 

I complained to Marston who denied it but sent me some of the footage. I complained again through resolver.co.uk and Marston lied again. Then I sent ALL my info and evidence etc.

 

took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc.

TFL are still refusing to comment.

 

Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it. The police were called when they took my car cause I was so distressed and having a panic attack etc.

 

 I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)

 

Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.

 

the www.whatdotheyknow.com team reprimanded them for this and advised me to complain. I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.

 

I've downloaded/uploaded the ZIP file from Resolver convos.

 

Regarding the footage: my initial message to them, I made myself seem unaware and 'stupid'

 

they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong'

they can't uphold my complaint,

 

then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal)

 

when they received the in-depth response, I think they got scared, went away for a couple weeks

 

tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250.

 

She also tried to rush me into agreeing. 

 

[dx100uk]

your story is a little confusing...

but I gather you have had 2 sep PCN's

for what please?

 

you say your SD was rejected why?

 

and marstons appeared and did something wrong and you got compensation

but the PCN's were valid?

 

dx

 

 

 

 

[londo]

I had multiple PCN's, but over a long period of time: when you challenge one sometimes it takes months for them to reply.

 

What's an SD? my OOT was rejected because it said they sent letters (which I'd explained in my initial response to them).

 

I think you may have got confused and thought "No way am I reading the rest of this" because your last question wasn't rude as such, but it was dismissive.

 

Quote

and marstons appeared and did something wrong and you got compensation

but the PCN's were valid?

 

Regardless whether the PCN's were valid. The enforcement agent acted illegally; shouting at me, refusing to identify himself and going against 70% of the CIVEA rulebook. 

 

And I didn't get compensation, again if you read it all you'd know that.

[dx100uk]

statutory declaration ....by use of the relevant tec forms to the relevant council enforcement section...….

 

did you receive any of the pcn's - was that why you appealed?

 

I'm not sure exactly what help you require?

 

unless it's trying secure a greater level of compo from marstons?

An EA doing things wrong under CIVEA nor swearing or being aggressive are an 'illegal' thus criminal matter 

 

it would be far more effective to look at ways to null the PCN(s) or outline better what the enforcement was for...

1 or all the PCN's...did you receive a NOE etc etc

 

as I said your story is rather lacking in exact details, for us to be able to formulate the correct way the assist you..

 

 

[londo]

Thanks for trying btw! It's kinda in 2 parts.

 

1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated.

I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months).

Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.

 

(BTW I can see how confusing this is so thanks again for trying)

 

So, I had no idea my car was at the risk of being taken - that's the first part.

 

No 2. is:

 

I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).

 

When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.

 

He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.

 

They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).

 

They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.

 

Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.

 

So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc. 

 

Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.

 

They then offered me the goodwill payment.

 

This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.

 

I told TFL what was happening they said I had to continue with Marstons etc.

 

£250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.

 

I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.

 

The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience. 

 

So any help would be great please 

 

I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!

 

I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.

 

I then tried to take them to court but it cost £250 I think which I don't have.

You can get it for free if your low income but they wanted bank statements that I couldn't get.

They're waiting for me to reply with documents to get a free court date. 

 

did you receive any of the pcn's - was that why you appealed? - Yes, sorry!

 

unless it's trying secure a greater level of compo from marstons? - Yes, sorry!

 

For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!

[dx100uk]

ok things are getting clearer...

 

I've merged 2 of your posts for clarity and removed the swearing, (behave please)

I've also taken down the two images you posted

should you wish to post things up

please use PDF so we can zoom easily and don't forget to redect them

read upload carefully.

 

I think you need to continue to keep the two thing sep.

those being

increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too)

and

the issue of the PCN wasn't justified - which you need to further expand on please.

 

the more info you post up the better please

but please use multipage PDF files only and carefully redact them

 

 

[londo]

Apologies, I haven't used a forum for years!!

 

I defo wish to keep the 2 issues separate, sorry!

 

My only issue I need help with is the increased compo for marstons - if possible.

 

I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)

 

I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.

 

So yeah, can you forward me to some more info?

 

Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.

 

Thanks again!

[dx100uk]

use our custom google search box 

click our top squares logo

it should appear on that page

 

dx

[londo]

You're like, super helpful and unhelpful at the same time lol.

 

What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.

 

I can't find the top squares logo.

 

Can you post a link or tell me what to search.

 

Sorry if I'm slow.

[unclebulgaria67]

Here is a thread to read

https://www.consumeractiongroup.co.uk/topic/386182-eac2-complaints-to-court-about-bailiffs-and-complainants-ordered-to-pay-costs/

 

If after reading this you still want to compain to the Court, just Google search for the EAC2 complaint form. 

[londo]

12 hours ago, unclebulgaria67 said:

Here is a thread to read

https://www.consumeractiongroup.co.uk/topic/386182-eac2-complaints-to-court-about-bailiffs-and-complainants-ordered-to-pay-costs/

 

If after reading this you still want to compain to the Court, just Google search for the EAC2 complaint form. 

 

Hi, I've just read the first 4 posts in the thread - they all seem to be about stupid people getting bad advice from Facebook and wanting to get the bailiff fired.

 

I don't even use Facebook let alone take legal advice from random people on there. This is what I'm saying:

 

My complaint isn't with the bailiff - it's with Marstons as a company. (for firstly hiring/not training him and secondly for lying after I brought his abuse of power to their attention)

 

He didn't follow CIVEA/TFL EA guidelines.

 

When I initially complained, I did so as someone who would seek legal advice from a Facebook group - so they thought I was stupid, tried to use big words to scare me and told me what I saw in the video footage, didn't happen. So when I replied quoting the Rule Books and adding timestamps, so there could be no way of denying anything.

 

Thats when they went away for 3 weeks and then made a nice woman call me up, speak sweet nothings into my ear, tell me I'm right about everything, apologise extensively and then offer me £250 as a goodwill payment.

 

So now I'm trying to seek REAL advice from people who CARE and are knowledgeable on the injustices that happen everyday in the world of Enforcement Agencies.

 

But it's like you guys are secretly run but the EA's because you're being 40% helpful but then 60% not.

 

Now I've re-explained it, hopefully we're on the same page (and if not, I apologise again) 

 

[dx100uk]

well that might be because it could be a bit more rewarding to overturn the pcn itself rather than (and poss? get more compo as well.)

that will reverse the £800 fee you paid too.

 

but we are still awaiting the details of the pcn and you appeal....

till then we are somewhat in the dark...

 

dx