Clamped car by marston hill for Hp car, owned by spouse

[zonnard]

Hello,I need desperately some help I have researched online and seem to find people having had issues with Marston hill* baliffs on here talking specifically about beneficial interest on a Hp car under spouse name. and what to do next.
I recieved a PCN last year around 3r/07/2018 for parking displaying wrong permit,* yes I actually didnt know that my parking permit for the estate is actually only for driveways inside the estate, no sufficent info was given until recently they put up a new sign clarifying that my parking code is only for the driveway. I forgot to appeal and move address since, and yesterday they clamped the car I was driving as a registered keeper but my wife is the owner which is still under HP agreement. I told them they couldn't take it , they said they would immobilise it, I tried to tell them that the debt they seek is not under my wife's name (didnt say wife but her as I didnt give them my identity)and that the car is hers , they said there is a beneficial interest and you got some equity on it* *I got lost there as I never heard of that, he then handed me over , A notice after entry or taking control of goods with my name on it . I called first the council, they asked me if I got a notice of intend (I think she said that) I told her I dont know, I dont remember seen it ,she said that most probably they send it and if they didnt you lost your chance to appeal.
I then called the marston hill asked them when exactly they send me warnings as I dont even remember* seen anything from them.* *she told me that they came twice when I lived at my previous address* but I already moved from there hence I never seen it, then on the 6th November 2019 they send me 1 letter in my current address , which I dont even recount seen , and today they just clamped it . I tried to appeal it now as I know I shouldn't pay this , but I think it's to late, the council said the bill is with them, and marston hill said that unless the council removes it they wont .* *My question now is , can they clamp my wife's car despite the debt being under my name and despite the car is under HP, not mentioning that they didnt give me enough correspondence?, I am just the registered keepe and insurance Is under my name. if yes , can they clamp it when not sufficent warnings were given? if yes , can i still appeal or do i have to pay 513£ for a initial £60 fine. this is worse than mobsters if I have to pay for this charge which is completely unfair.*

My wife tells me to pay it and Borrow* the money, I dont know what to do as I'm already in a* big financial constraint , and why should I pay for my car finance if I cant even use the car, didnt my car owner have responsibilities to protect the car, is there nothing in my HP contract that tells balifs cannot seize control of the car* as it belongs to the cargiant ?
and last what should I do next?*
sorry for the layout as I write on my phone, I thank you for reading this and trying to help me , thanks again

[R0b]

What a load of crap Marston are talking, there is no beneficial interest the car is on hire purchase and is merely a rental, The Consumer Credit Act confirms that a hire purchase is a bailment of goods - bailment means possession but not ownership.

Suggest you head over to http://www.bailiffhelpforum.co.uk/ to get some help on the process of making a claim.

There is a case report on there for another bailiff company that became costly for them for clamping a car on HP but unfortunately bailiffs never seem to learn - http://www.bailiffhelpforum.co.uk/vi...nterest#p66342

[R0b]

Well I cant comment on who runs the forum and their background or history as I dont know that person but what I can say is that I've used that forum before on a handful of times over the years and to good effect.*

Theres always a risk for those in need who rely on forums to deal with their legal issues but for me, it's the only website I've found that seems to dish out reasonable and plausible advice and information.*

Clearly you seem to know something that I dont but I stand by my recommendation to that site based on my experience and it is up to the OP to decide whether he/she wishes to make use of it.
*

[zonnard]

thanks for the reply, I checked the* website you mentioned and visited the links, it is looking like some people did win a HP case* but they all had a solicitor* at a small courts claim.. I currently cannot afford a solicitor..unless he want to take a share on the winning prize... .

I will also keep an eye out for your PM, but I fear I will pay this as I really need the car asap

[zonnard]

aha, thx* for the clarification, I cannot invest that amount for some shred of hope I think that was your point too.., would you have any advice on what to do , or would you just lay this off and pay* despite what I mentioned previously? thanks

[R0b]

Plodder, the vehicle is under hire purchase so unless you can provide any legal authority, as far as I understand bailiffs are only entitled to take control of goods belonging to the debtor. It is well established that a car on hire purchase belongs to the finance company so I'm not sure what proof is necessary. The bailiff should have taken reasonable steps to carry out a check on the car and ascertain if it was on finance.

The OP has said that the bailiff is insisting that despite the car being financed the OP nevertheless has a beneficial interest in the car? If the contract is between his spouse and the finance co. then the OP has absolutely no beneficial interest. Also, just to be clear, the Consumer Credit Act defines a HP as:

"goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired". A bailment of goods is where the possession of goods is transferred from one person (bailor) to another (bailee) for a specific purpose and then returned at the end of an agreed period or otherwise collected - ownership always remains with the bailor.

Seems to me the bailiff is talking out of his backside and is ripe for a claim to be brought under the Torts (Interference with Goods) Act 1977 by the spouse at the very least though I don't know if there is a specific process for bringing a claim and having it released.

Zonnard, if you or your spouse isn't giving information to the bailiff evidence that the car is on finance e.g. the HP contract, then you are not doing yourselves any favours either.

*

[zonnard]

thx for the reply , that was my thought to, right now I was wirting to email them , should I say I write on behalf and I represent the pcn holder?

[zonnard]

When I was about to send this last minute I got advice to stop doing it and fill a te7 and te9 as I was moving addresses , i did that but the clamp is still there and they won't remove it saying that it is on hold until a decision is made . I thought it is meant to cease any warrant of imobilizations..

[zonnard]

In case you notice I was in different forums too so might see the same post, but I do this so others can find the information quicker as I was victime of an unlawful clamping

Great news clamp will be removed tomorrow,
In short after all that I mentioned, I phoned Marston again but beforehand I went to https://www.nationalbailiffadvice.uk/In ... P-Car.html took down the main points valid with my case [which were pretty much all] however I made it so that it fits in a Phone call so I scripted it pretty well

The law needs to address this so that bailiffs don't screw over people, I could have stayed quiet and seek an injunction while using a fancy new leased car and charge them back but I am not like Marston,. Anyway, now I wait for the out of time application to give us an outcome


Got one question, if I lose the appeal can I still pay to the council the initial charge without enforcement as it was unlawful at the first place?

[R0b]

I'm not that familiar with the stages of a council parking ticket so I wouldn't know. Good news that they will unclamp the car but don't count on their word until it is actually done.

*