Marstons clamped my car!

[EmJ]

I’ll try to keep this as short and informative as I can!

so yesterday morning (18th Nov) I was leaving the house to take my children to school (over 5 miles away) I noticed my car had been clamped. Then noticed a letter pushed through the letter box claiming that it had been clamped at 6:15am and the agent would be returning at 8:15am to remove the car unless I could make full payment.

I called the agent who was absolutely adamant he would be taking the car unless full payment was made.

The debt in question is £680 for apparently ‘using a TV set without a license’
I have called the fines officer as I can prove that I have always had a tv license but they wouldn’t talk to me and said I had to deal with the agent.

I decided to wait it out and speak to the agent face to face when he came back. It’s now 15:30 on the 19th and he still hasn’t been back?! So the clamp has now been on for 33 hours and no sign of anyone coming!

ive called him again and he said he’s waiting for the 3rd party removal company to call him so he can remove the clamp and they can take the car.

im Just a little confused as to where I stand now! I’m not really sure what to do. I have offered an upfront payment then a payment plan but he said fines from the magistrate court don’t work like that and he can’t accept.

ive now lost 2 days of work (I’m a community carer) as I need my car. He is aware of this.

please can someone give me a little advice as what my next step should be?

[MIKE770]

ostell

[wales01man]

Why are you offering to pay when you have always had a TV licence?

[ploddertom]

Were you aware of the fine before this visit tool place? Did you receive a Notice of Enforcement from Marstons prior to this visit? What paperwork has the Bailiff left you - it should be a Controlled Goods Agreement? Is your name and address the same as that on the Warrant?

Do you still get your TV Licence or have you signed up to paperless? If you have a current licence then that will be proof of your innocence providing of course it has not been revoked for some reason. There is the chance you may have been subject to someone having given your details instead of their own.

If you have known nothing of any of these proceedings you need to contact the Court Manager and arrange to swear a Statutory Declaration to this effect. You have 21 days from becoming first aware of this to get it sorted.

[EmJ]

He’s saying it’s from a previous address, that I haven’t lived at for over 3 years.

I offered to set up a payment plan as I need my car for work and get my children to school. That was my priority. I was then planning on somehow appealing against it? I’m not sure if/how this is possible. I’ve never had anything like this before.

I haven’t received anything from them as far as I can remember.
The letter that was posted yesterday is titled ‘Notice after entry or taking control of goods (on a highway and inventory of goods taken into control)
Name and address is the same as what’s in the paperwork.

I still have a tv license.

[ploddertom]

As said if you knew nothing about it then you need to contact the Court ASAP. It is the only way forward short of paying in full which then suggests an admission and may make it harder to refute.

[EmJ]

Thank you. I’ll try calling them again tomorrow

[ploddertom]

You must put to them you never knew of the original Hearing so never attended. You never had opportunity to submit a means test - the Court will have assumed you had a decent wage and would have fined you accordingly. You must also tell them that now having had a visit your vehicle has been clamped. Only you can know the answer to this last question - would you have pleaded Guilty or Not Guilty at the time. Seeing as you never received a Notice of Enforcement from Marstons would suggest to me there actions are unlawful.