Car Clamp courtesy of Marston

[LittleJ100]

I have this morning been clamped by a member of Marstons enforcement team and just looking for additional advice.

On his arrival I did stupidly confirm my name, noticed that my car had been clamped and stated that I couldn't pay the full amount in one. The amount is £513 (203 fine, 75 for the notice letter and 235 enforcement stage). I informed him I had previously filled out a statutory declaration form for TFL. He refused my payment plan and told me he'd wait in the car whilst I borrow or transfer the money.

I did a quick research and via Citizens Advice I noticed that I fall under the categories of vulnerable as a single parent family, use my car for work as a domiciliary carer, and also that my car is still under a finance plan. Initially I'm on my 3rd year of the current 4 year plan but after 4 years it was still be less than half the total amount for the vehicle and a balloon payment will be left.

Less than half hour later Jack knocked again and I informed him that the car is on finance and he shouldn't have told me I can't offer a payment today which isn't the full amount. With this his attitude changed, he began taking pictures of the car "for HPR checks and removal" and he said he has other jobs to do and doesn't know when he'll be back.

I quickly found the finance letter knocked on his vehicle window to which he put the engine on. I opened the door and showed him the finance plan as proof, he called the police on me stating I was obstructing his job and not to tell him how to do his job. I gave my address whilst he was on the phone to the police and he drove off.

I calles Marston who were equally unhelpful, told me citizens advice were wrong, they could clamp a financed vehicle and its full payment or nothing. I have sent an email to their complaints and Jack has been gone for around 1.5 hours.

Have I done the right thing and any advice on next stages?

[Kati]

ploddertom Milo ??

[ploddertom]

I assume you must have known about the original ticket as you made a representation to TfL. Firstly on what grounds did you object/complain? What was the original ticket for? Marstons should have sent you a Notice of Enforcement first where the fee charged would have been £75 - did you respond to this?

Unfortunately the chances are you are not classed as vulnerable. You say your car is on finance - what sort of finance is it - HP, Lease etc or bought with a bank loan?

[LittleJ100]

I am not disputing the original claim. I did appeal it initially but due to a system error on their part it wasn't received and I sent a statutory declaration afterwards. None of this matters obviously as a lack of evidence on my part. However I was away whilst they sent the most recent letters whilst I was away so didn't have any idea until the EA turned up this morning.

The car is on PCP with another year to go until a final balloon payment will then be applied across another 2 years should I wish to.

[ploddertom]

So he clamped your car before he asked you for any payment? Is the vehicle still clamped?

[LittleJ100]

That's right I woke up to it clamped. It's still clamped having been told by the EA and TfL its full payment or legal action as my options

[R0b]

Unless there is something I missed from the relevant regulations, bailiffs can only seize goods that belong to you. As vehicles on hire-purchase do not belong to you (they are owned by the finance co. and hired out to you on a rental basis until all payments cleared) then I believe the bailiff and the company are acting unlawfully.

It would be a wrongful interference with goods and you have a right to take legal action against the company for doing so and seek compensation. The problem you have is that under the terms of your HP agreement you might see a clause in there that the finance company reserves the right to terminate the agreement should the vehicle be seized in any way. If they did exercise that right, that will cause you further loss which ought to be recoverable from the bailiff company due to their actions.

The fact that you have shown the bailiff your HP agreement and both himself and the company has done nothing about it, potentially leaves them in a problematic situation. I suspect they might be relying on your lack of legal knowledge and hoping you will pay up. The longer the vehicle remains clamped, the higher the compensation you are likely to get if you issue a claim.

I would suggest as a starting point, that you write a formal letter or email to the bailiff company setting out the current position and that you specifically showed the bailiff the relevant hire purchase documentation confirming that the vehicle is not yours. You should also explain to them that you have contacted them and spoken to XYZ (if you remember their names or positions) and they have continued to refuse to remove the clamp from the vehicle. That is a breach of the relevant regulations (I believe it is Taking Control of Goods Regulations 2013) and therefore actionable through the courts for wrongful interference of goods and it is further aggravated by the fact that the bailiff and the company are on notice that it is on hire purchase (include a copy of the HP agreement in your email). You should set a strict deadline and I would say no more than 24 hours (perhaps by 5pm today if you send by email). Otherwise you will look to immediately take legal action against them for their breaches, including an injunction to remove the clamp and then compensation for their wrongful interference.

I would also send a copy to TFL too, and I have a feeling that it is possible you could probably warrant adding TFL as a party to the claim who are the creditors and just for good measure the bailiff himself just in case both TFL and the bailiff company try to argue they are not liable.

[ploddertom]

Sorry for the delay in coming back to you.

On the face of things it does not appear the Bailiff has done much wrong - my only concern is him clamping the vehicle before asking for payment. As for the vehicle still being clamped then this may well be because it is a Personal Lease Contract and NOT Hire Purchase. This may require some negotiation to resolve that is beyond us here.

The reason they are asking for payment in full will be they think you were trying to get out of it all by not making contact during the Compliance Stage where the fees are fixed at £75.

[R0b]

Sorry for the delay in coming back to you.

On the face of things it does not appear the Bailiff has done much wrong - my only concern is him clamping the vehicle before asking for payment. As for the vehicle still being clamped then this may well be because it is a Personal Lease Contract and NOT Hire Purchase.

A personal lease is identical to a hire-purchase except that there is no option under a lease to purchase the vehicle, nor do you have any rights in terms of voluntary termination. I can't see how a bailiff is able clamp a personal lease which is always owned by the finance company but it can't under a HP - in neither situation would the OP own the vehicle or any part of it and they are both rented by the consumer. If, however the vehicle was made under a fixed sum loan agreement then ownership is immediately transferred to the OP and only in that circumstance could a bailiff clamp the vehicle.

So I think that would need clarifying before any action is taken.