Bank Holiday Visit?

[Will Goodfellow]

Marston won't send any video evidence unless they are being particularly obliging which would be very rare.

[dx100uk]

so did TEC cancel the PCN as you say 

and before you said you DID pay it...but now you say you didn't?

[brassnecked]

Get everything straight, make suer all your evidence and chronology of events correct.  It is extremely inadvisable to try to sue Marstons, Fraud is Criminal, and the police are unlikely to consider a criminal accusation about a bailiffCo that collects for HMCS as well.  then come back with the list and timings of events for advice as to next possible steps.

[London1971]

It was a council PCN right?

 

It can’t hurt to ring the elected head of council and explain the situation. These are the people who have the power to get Marstons of your back.

 

You are wasting your breath trying to reason with Marstons

[JC101]

The TEC cancelled it - but that was last Wednesday, it clearly hadn't got to the council yet. And of course Marston won't reason with you at all. And when they clamp the car and I need to get to work, not much choice I have!

I'm awaiting video evidence, the reply from TEC and the council, and then will confirm my next steps. 

Everybody in the council is still working from home all over the country (the parking team are in Scotland!) tricky to speak to somebody who has any influence. But I dont give up. First thing is video evidence, and if he didn't actually come to my house and got me all stressed for nothing...well...

[London1971]

Your head of council will have all their details on Google, with their mobile number.

[JC101]

a quick update - turns out TEC had missed one of the documents I put through, which it was it wasn't actioned. Either way, I continued with the access request, as I did not receive any letter through the door confirming a visit. 

I've now received the following back from Marston - which doesn't surprise me, but seriously, what now?!

I want footage proving he actually came to my house, and put a letter through my door, or at least knocked.

This is downright ridiculous.

Any help please!

15 September 2020

Dear XXXX

Re:      Data Subject Access Request received on 14 September 2020

Our Ref: 

We are writing regarding your Data Subject Access request received on 14 September 2020, this was received by Email. I confirm your request is for;  

BWV Footage from 31st August 2020 at 14.34.

On receipt of a subject access request our aim is to locate all personal data outlined in the request in accordance with the data protection act 2018 & GDPR

We can confirm that to ensure we have been able to locate the above data you have requested we have searched and cross referenced the details on the account with the details in your response. We complete these checks to ensure that we are providing the correct person with the correct data. 

Please be advised, I have located and viewed the footage captured by our Agent upon the visit to your property dated 31st August 2020. Unfortunately, we must advise that as you do not appear within the recording, meaning your personal data is not identifiable, we are unable to release the requested footage on this occasion.

Marston Holdings Limited considers that your Data Subject Access request is now complete and that we have fulfilled our obligations under the Data Protection Act 2018 and GDPR. If you wish to discuss any element of this response, please contact us in writing as soon as possible at the contact address at the top of our letter.  

Yours sincerely

AXXXX

Data Subject Access Request Administrator

For and on Behalf of Marston Holdings Limited

[London1971]

See my post 29. You are wasting your breath with Marston's, you are wasting your breath with anyone else  Speak to your local head of council..  

[JC101]

I think i'm going to have to. That's just downright fraud. 

[London1971]

You are looking at this the wrong way, forget being angry at Marstons , there is no point. You will not get any traction whatsoever with them.  Ultimately the head of Council has the power to call Marston's off.

 

My friend last month called me , the bailiffs had clamped his car and they were demanding he pay,  a PCN.  I told him to ring the head of the council and explain that he was a teacher in that Borough, who needed his car to get into work.  HOC referred him to Deputy HOC, referred him to Head of Parking who emailed Marston's telling them to unclamp the car and cancel the visit. 

[JC101]

I know - but it's the downright lying that gets me. I've paid part of the first fine, it's now been put on hold as TEC have got involved - but for them to say this and not give me proof somebody has been to my property is just wrong. 

 

I think I'll go down the small claims court, as this has really stressed me out - it's causing me a lot of grief. 

[brassnecked]

If TEC accept your version and rule it so, the PCN is rolled back to initial stage so you can pay or challenge, and marston's fees go away.

[dx100uk]

ignore marstons.

stop letting them wind you up.

 

[Bailiff Advice]

You may have missed the OP's post (number 19) on 2nd September where he stated that a bailiff had visited that day,  clamped his car and he had to pay the full amount in order to have the immobilisation device removed.

Therefore, there is no need at all to involve the council.  

[brassnecked]

Marstons should be instructed to repay the money if TEC ruled in your favour.

[Bailiff Advice]

I have to be really honest here and say that your posts are most confusing.

When you initially started this thread in November 2019  you had been complaining at the charging of a fee of £235. 

Ten months later (on 2nd September) you state that a FRESH visit had been made that morning and that a clamp had been applied to the vehicle and that you had to pay the amount outstanding  to get the clamp removed. 

Even though a clamp had been applied you state this: BUT NO EVIDENCE OF THAT VISIT'. 

As I have said, I am really confused. 

And then , there is the confusion in your posts regarding the The Traffic Enforcement Centre). 

Over two weeks ago (on 3rd September) you stated that the previous Wednesday, TEC had CANCELLED the PCN. 

Yesterday, you state that "TEC had missed one of the documents' and that your Out of Time application had NOT in fact even been processed!! 

On what grounds would you be submitting an Out of Time witness statement?

Why have you waited over 10 months to submit such an application?

On what basis were you lead to believe that TEC had CANCELLED the PCN?  Did you receive a letter from them to confirm this?

You now state that 'TEC had missed one of the documents'. It is very rare for this to happen. Can you elaborate further?

Assuming that your Out of Time witness statement has now been processed, you should expected to receive a decision in around 6 weeks. 

If your application is accepted, then you will be entitled to a refund of the bailiff fees.

There will be no need at all to issue a Small Claims in court.

It would appear that others have also been confused by the OP's posts.

The Out of Time application has only just been submitted.

A decision will not be known for approx 6 weeks.

If accepted, Marston's will repay the money (as they usually do). 

[brassnecked]

Yes Correct BA, if OOT accepted as you say, but it would be in the fullness of time.

[Peterbard]

I am afraid the OP may have been previously misinformed.