Notice of seizure

[007shaun]

Hi i am new to this and i am trying to get some help to day my work van has been taken i am a carpet fitter and i need my van for work to take carpets to and from jobs i do have some parking fines but with the added cost of the bailiffs (MARSTON) The total now is £751.50 which i do not have can thay take my van i have been ringing them thay are saying i can rent a van can any one help.

[Guest]

Re: Notice of seizure

Since you have been reading this thread Bailiff Guide - Legal Beagles Consumer Forum I imagine that you have read about what you need to do next.

Who are the parking fines from?

[007shaun]

Re: Notice of seizure

Hi the parking fines are from Edmonton conunty court under a warrant issued with the authority of theTraffic Enforcement Centre Northampton

[007shaun]

Re: Notice of seizure

Can any one tell me if i can claim loss of wages as i can not work as the bailiffs Marston have seized my work van and as a carpet fitter i need my van to take the carpets to my jobs.

[Amy]

Re: Notice of seizure

I would have thought the first thing to do would be to get your van back.

Have you paid anything towards these fines? How many do you have?

[007shaun]

Re: Notice of seizure

Hi to day is the first i new about my fines. no one has ever been to see me

[007shaun]

Re: Notice of seizure

I did have a parking ticket a long time a go but i did email themand did give ticket number and thats it never got any more from them till to day i have called marstons with the letter i got at 9am to say thay have taken my van no knock at my door just a notice of seizure of goods and inventory

[007shaun]

Re: Notice of seizure

Hi every one and thanks to every one for your help to day i have been to the C.A.B. and thay have told me that the bailiffs can not take my work van and told me to ring marston group to see if thay would give back my van but thay did not but then asked me to proof i am self employment of wich i have now done by e-mail given them my websites where i do get some of my work and what i do for a living ( carpet fitter ) and need my van to run my business . But the bailiffs still refuse what can i do now ??? my fine was for congestion charge fine and not a parking fine any help would be very grateful.

[007shaun]

Re: Notice of seizure

Hi to every one this is a up date on saturday i made many phone calls to the bailiffs and to the police thay toll me call the bailiffs to tell them thay have 24 hr to bring back my van thay still will not then i called my insurance to ask if i have commercial insurance which i do. as thay are saying i do not need a van but i am a carpet fitter and i do but thay say i can hire one ??? thay also say that the van was not sign written. But as i work for 3 carpet shops i can not thay are saying tha rule 54 is very gray ??? but for what i have been reading it looks black and white to me. i do need help as i have not been able to work since thay took my van on the 24th help please any one

[Guest]

Re: Notice of seizure

You should file a Form 4 complaint against the bailiff. Look here for more details. Bailiff Guide - Legal Beagles Consumer Forum

Now, this is going to take time, Marstons will not simply give you your van back, that is not how they operate, so you need to either accept that you are going to have to wait, or make alternative arrangements for transport.

The Form 4 complaint may make them realise that you are serious however, but don't bet on it.

[007shaun]

Re: Notice of seizure

Hi thanks for your reply. I will be doing the Form 4 Complaint against the bailiffs but how can thay do this it is unlawfull ??? it is driving me nuts. i just whant my van back as soon as i can as i am self employed i am not making any money is there not more i can do??? is there any laws i can read up on to show i am going to win many many THANKS

[Guest]

Re: Notice of seizure

The bailiffs don't like taking vehicles, it is time consuming and means they actually have to do some work. However, threatening to do it usually makes people pay.

For information about a relatively recent Form 4 complaint, this time for clamping a car, look here. London Motorists Action Group - Drakes bailiff Pt4 complaint court report from Bailiff Advice Online

You should be aware however, that costs may be awarded against you, should your complaint fail and the court believes that it should not have been brought. For example, were you given an opportunity to pay these parking fines, but failed to do so?

[007shaun]

Re: Notice of seizure

HI AND MANY THANKS FOR YOUR HELP...... But the day the van was taken was the 1st i knew about anything and it was a congestion charge but i am sure i have allways paid... and i do know that i have never got any info or any mail about anything to do with this... I am just so gob-smacked

[007shaun]

Re: Notice of seizure

Hi up date monday 28/03/2011 WELL just got off the phone with the bailiff and Marston thay are telling me will not give back my van as it is not tools of my trade as i am not the only driver on the insurance which is true but had one other guy a long time a go just in case i was ever ill does any one know how i stand ??? is there any case laws i can look up ??? any help i would be very grateful.......

[Amy]

Re: Notice of seizure

You should file a Statutory Declaration to the effect that you had no idea about this fine. You can do this at a solicitor's office or at a court. A solicitor will charge a small fee, but it is free to swear one at a court.

Basically what this is, is an oath to say that an earlier part of the recovery process that should have happened, in fact did not happen.

This will not cancel out the fine, but it will put a halt to bailiff action and by filing one, you will ensure that your vehicle cannot be sold to clear the fine and also that you will not incur storage charges for it.