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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.
    Tags: None

  • #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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