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Car clamped 7.9.22

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  • Car clamped 7.9.22

    My car was clamped yesterday morning by Marston Bailiffs.
    It was for a dartford toll charge that I paid 2 days late due to have a bereavement which then affected my mental health.

    A week before, my car was clamped by the same company for a parking fine (on the same street that I lived on), the initial parking was paid on the day every 2 hours but there was a 40 minute gap where I had forgotten to make payment.
    Payment was always made on the Ringo app where I paid 20 quid in total for the day - I was given a ticket and ended up paying 424.00 to Marston (a week before)

    Now back to the car being clamped again yesterday 7.9.22 - the car was parked in a paid car park meaning that I am still incurring charges, also; I was unable to go to work for the day, meaning that I now have a loss of income due to the car being clamped.

    I explained to the Bailieff that the fine is still in dispute because it was paid, and that the delay was due to a bereavement. I also explained that I have completed a T7/T9 form and awaiting a response from the Traffic Enforcement Team, still: he refused and threaten that my car would be taken away.

    I explained that I have recently paid 425.00 for a different fine therefore I do not have the 600.00 that he was asking, I offered to either pay by instalment or pay 150.00 for now., still; he refused.
    He said that only the client can instruct him to remove the clamp, so I contacted Dart Charge and they advised that the will have then authorised the Traffic Enforcement team to advise Marston to remove the clamp and sent the bailiff the T7/T9 form. Still, he refused. But reduced the money to 475 to be paid in full and that I would be refunded if it turns out that I am not liable.
    I explained again that I do not have the money to pay in full, I have just started a new job, and need the car for work which also has my work tools in, but can either pay by instalment or pay 150.00 for now. Still, he refused.

    The car still remains clamped and I am unable to go to work today for the 2nd day while I am also still incurring car park charges for the 2nd day.

    please advise.
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  • #2
    This is a messy one.
    It might be worth while getting in touch with a solicitor, one that provides a free consultation and maybe operates on a no-win no-fee basis if money is tight.

    In the end, you shouldn't be liable for the parking charges if you were clamped by that private company as its a frustration of contract. It really isn't your fault if someone clamps your car while its parked on someone else's private land so any fines should be appealed and cancelled.

    I don't know what your work arrangement is like, but some employers might allow an advance on your pay simply to pay all of the fines or fees (when paying, its probably a good idea to state that you're paying under protest and that you disagree with the charges/fines) to get you back on your feet, which you then essentially pay back through a reduced salary for a small period. Its always worth asking!

    Remember to keep pestering them to release your vehicle / explain the situation over and over. Sometimes its luck of the draw who you speak to and that one lucky person might help you out. Good luck!


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