Marstons Group Clamp Car of Blue badge holder for disputed PCN from April 2021

[Wizadoros]

I’ve recently gone into financial crisis 
which have arisen because of a recent fraudulent scam that withdrew £30k from my account and left me in effect bankrupt. 

I’ve provided Marstons Group with the crime reference number for this fraud. 

I’m also my parents carer and my father who has terminal cancer and thus a blue badge holder, and it’s very difficult to understand why the evidence presented is insufficient (medical letter / blue badge for my father). 

I’m applying for universal credit and my appointment to see them is 18/3/24 and my GP on the 20/3/24. I cannot bring these dates forward, this is the earliest they have. 

I’ve discussed my situation with National Debt line and they’ve applied for breathing space. 

My mortgage lender and every other debtor has given me this except Marstons  despite me getting in touch and providing them with sufficient evidence to show that I don’t have any money, I’ve been robbed of £30k, I’m being harassed by the scammer as well as their enforcement agent. 

They have had a copy of my father’s medical notes showing he has terminal cancer and receiving palliative radiotherapy. I rely on my car to take both parents shopping and hospital appointments.

I’m told by National debt line that the breathing space application should be granted within the next 48 hours.

They have stated that I am the debtor and that there’s no evidence I am eligible for welfare status. 
 

what can I do to get my car unclamped?
 

[Ethel Street]

For which debt has your car been clamped? You need to give us more specific information about why Marston (I think that's who you mean, nor Marsdon or Marsfon) have clamped your car. Has the debtor taken you to court and won judgement against you?

It's not easy to work out from your post what has happened.

[Wizadoros]

The car has been clamped for an unpaid debt from a london council issued PCN in April 2021 that I contested and lost the appeal when it was presented to the London Tribunal  August 2023.

I received a notice on 2 January 2024 for £514 from the Marsdon.

I first wrote to them on 8 March 2024. 

[il buono]

You haven’t done yourself any favours by waiting for 2 months to reply to Marston.

Bailiffs may not clamp a vehicle that is displaying a blue badge.  Was your vehicle displaying one at the time it was clamped?

I would contact the council directly and furnish them with all the information that you provided in post #1, asking that they instruct Marston to remove the clamp and await the outcome of your universal credit applications/fraud investigation.

It seems that your parents are heavily dependant on you and your car and this may just be enough to enable the clamp to be removed.

[Wizadoros]

I was stuck outside the uk as my passport was stolen and took a while to get back.

No the blue badge was being displayed at the time.

I will follow your advice thanks.

I just got a text message from the Enforcement agent who tells me that he will remove the vehicle today as he feels enough time has been given.

I’ve written and sent the letter outlining what you said I should include but they won’t see it until Monday.

How do I put this action off?

[dx100uk]

he can feel what he likes. 

txt him a copy of that letter.

are you sure that this BB was on display when he clamped the vehicle?

[Wizadoros]

No it wasn’t

[il buono]

The problem you have is that you have been aware that this penalty was due since August of last year.

The rule of thumb in this country is that you should act promptly if you want to challenge anything or wish to ask for time to pay etc. In legal matters, acting promptly can be deemed as acting within a few days.

The first thing the council will ask is how could you afford to go abroad when you can’t afford to pay the PCN?

Secondly, they will want to know how your parents coped without you or your car for an extended period while you were abroad?

Has the bailiff removed the vehicle or was his threat a ploy to force you to pay?

[Wizadoros]

The trip abroad was to attend a medical conference and was only meant to be for a week. I couldnt afford to be there that length of time and hence why i am in such debt as I had to cover all the costs including doctors fees just to get a prescription and then was hit for £3000 for 2 weeks medication. The travel insurance is dragging its feet over reimbursement.

Add to this £30,000 fraudulent loss of personal money and there you have the essence of my circumstances which occurredin such a short space of time.

As for my parents, my brother had to step in. 

The car has been removed and the Marston Group said that they would ask the enforcement agent to assess the two items, blue badge and the outpatient letter for my dad listing his diagnosis.

The agent said there was no evidence i was eligible for welfare and said I could do as I wish but he wasn't changing his mind. This was a different approach to the welfare manager.

[il buono]

The bailiff is doing his job and will not get paid unless he recovers any money.

Marstons have to weigh up the prospects of hefty removal and storage costs that will not be recovered if the car is deemed exempt (or they are instructed to release it by the council).

The fact that they have continued with removal is worrying for you.

There is little you can do between now and Monday but if you are considering borrowing the money and paying the debt off, the quicker you do it, the better as storage charges are not cheap.

[Wizadoros]

So none of these points would have any legal grounds to have stopped them removing the vehicle?

1, breathing space application by business debt line

2. pending meetings with dr and job centre?

3. large theft/fraud of money leaving me broke

4. carer to dependent father blue badge holder?

[il buono]

Legally no.

As I’ve said previously, you’ve made life difficult for yourself by not responding or attempting to deal with the penalty for 6 months.  You haven’t acted promptly, in fact, the only time you’ve acted is when your car was under threat.

The blue badge may influence the council but as you have an asset in the car, the other issues aren’t likely to have much influence at this crisis point.

[Wizadoros]

Sorry about the point

but when I spoke with a manager at Marston Group he said that once he could verify that my father who is

• partially sighted,
• receiving palliative care for prostate cancer and
• liver cancer,
• the owner of the blue badge and
• deduce from the name and address which we share

then he would have proof that I’m the proxy holder of the blue badge (obviously from his condition he cannot drive.

Had I remembered to display the badge the car wouldn’t have been removed.

Enfield council will endorse the request that the car be given back especially as they are aware i’m seeking a breathing space and granted universal credit,  reflecting my inability to pay for it immediately but awaiting a repayment plan to be proposed with the assistance of Business Debt line.

The removal of my car and recovering their funds is to the detriment of my parents as well as myself and is vexatious in the light of a pending pay arrangement and no available funds available.

I’ve logged a complaint as a result

with the main point being the Enforcement Agents perspective is that

• the proof relates to my father therefore doesn’t qualify me as a welfare client
• ignored the perspective of mine,
• the manager at Marston,
•  the purpose of breathing space.
• This overriding judgement made by a man whose motivation is his commission.

is there really nothing I can do as it seems to the Enforcement agent is a law unto themselves with no objections to his autonomous actions.

 

[dx100uk]

will you please stop posting blocks of text with no sentences or line spacing.

it is extremely difficult to read on small screens i'e phones.

[dx100uk]

now spaced.

dx

[il buono]

It is important to understand the role of an EA. He is engaged at crisis point of any debt when all other attempts at recovery have failed. His job is to take control of goods in order to obtain funds to pay the debt.

I think you are doing the right things by communicating with the council and the welfare department at Marstons.  Ultimately, it will be their decision as to whether your car is returned.  I don’t think there’s anything in legislation covering proxy blue badge holders so it will be down to a decision made by either the council or Marstons.