Marston bailiff clamped my car!!

[bluebottle]

Re: Marston bailiff clamped my car!!

Okay, guys. I'm going to email HMCTS Enforcement Operations about this case.

Kim, I'm going to send you a PM.

[bizzybob]

Re: Marston bailiff clamped my car!!

Okay, guys. I'm going to email HMCTS Enforcement Operations about this case.

Kim, I'm going to send you a PM.

Yes time for some informed intervention on Kim's behalf, the marstons muppets need pulling up short, and the car returned, hope the police realise they might be in for paying some compensation for their part in the debacle.

[bluebottle]

Re: Marston bailiff clamped my car!!

As, indeed, they have done in this case.

What crime(s) might they have committed thereby?

That is an interesting question, CC. It is quite likely they are doing it to boost their fees and charges. That could be Fraud by False Misrepresentation or, possibly, Fraud by Failing to Disclose Information or, even, Fraud by Abuse of Position. Misleading a court is serious. There is a toss-up as to whether by falsely claiming someone is failing or refusing to pay a fine, the bailiff/Marstons are committing Perjury, Perverting the Course of Justice, or both.

[ploddertom]

Re: Marston bailiff clamped my car!!

I have just been on the phone to the magistrates court and they are adamant that the bailiff had the authority to clamp my car with the distress warrant he has and does not need a separate clamping order! I suspected they would say this.

In theory they are correct as the warrant gives him the power to seize your goods and therefore to do this does not need a sepaprate Clamping Order. However whether he is actually allowed to do so is another matter as Clamping is probably a form of Impounding but to impound a vehicle in this manner he should have either walking or close possession over it. By doing so he has possibly committed a wrongful detention of the goods. If this is the case then why have they said previously they had a Clamping Order or are they just trying to back pedal and cover their nether regions.

[CleverClogs]

Re: Marston bailiff clamped my car!!

why have they said previously they had a Clamping Order or are they just trying to back pedal and cover their nether regions.

I'd like to cover their nether regions...

... with embrocation! :flame: :rofl:

[bizzybob]

Re: Marston bailiff clamped my car!!

I'd like to cover their nether regions...

... with embrocation! :flame: :rofl:

Use Horse Linament, should be suitable, or a vapour rub to warm things up :flame:

[bluebottle]

Re: Marston bailiff clamped my car!!

In theory they are correct as the warrant gives him the power to seize your goods and therefore to do this does not need a sepaprate Clamping Order. However whether he is actually allowed to do so is another matter as Clamping is probably a form of Impounding but to impound a vehicle in this manner he should have either walking or close possession over it. By doing so he has possibly committed a wrongful detention of the goods. If this is the case then why have they said previously they had a Clamping Order or are they just trying to back pedal and cover their nether regions.

I think they're back pedalling and trying to cover their backsides, PT. Trouble is, they've dropped themselves in it by changing their story. In my experience, when that happens, they know they're in the proverbial.

[gravytrain]

Re: Marston bailiff clamped my car!!

HI

I just received an e-mail from Phil Evans, regarding the ability to clamp, it reads:

As to clamping vehicles, if it’s a magistrates’ distress warrant, then bailiffs can seize any of the debtor’s good wherever they are in England & Wales, which includes cars. And having seized a car, they can impound it by clamping. (No separate order needed.)

Best wishes,

Philip

[bluebottle]

Re: Marston bailiff clamped my car!!

HI

I just received an e-mail from Phil Evans, regarding the ability to clamp, it reads:

As to clamping vehicles, if it’s a magistrates’ distress warrant, then bailiffs can seize any of the debtor’s good wherever they are in England & Wales, which includes cars. And having seized a car, they can impound it by clamping. (No separate order needed.)

Best wishes,

Philip

Unfortunately, Marstons are subject to a contract and legislation which specifically requires them to obtain a Clamping Order. As PT says, they have no close or walking possession, so it could be that the act of clamping the OP's vehicle is wrongful. They have also prevented the OP from paying the fine and this may well bring into question the legitimacy of the bailiff's actions and, consequently, those of Suffolk Police.

[gravytrain]

Re: Marston bailiff clamped my car!!

Unfortunately, Marstons are subject to a contract and legislation which specifically requires them to obtain a Clamping Order.

It would appear that this is not the case when enforcing a magistrates distress warrant. It seems that the" impounding of goods " permitted by the warrant includes the facility to use a clamp. Although it would be good if someone could come up with legislation or contracts that state otherwise.

[bluebottle]

Re: Marston bailiff clamped my car!!

It would appear that this is not the case when enforcing a magistrates distress warrant. It seems that the" impounding of goods " permitted by the warrant includes the facility to use a clamp. Although it would be good if someone could come up with legislation or contracts that state otherwise.

Why do you think the OP has agreed, on this thread, for this to be referred to HMCTS High Command? TBH, I don't think HMCTS High Command are going to be too impressed with the actions of the bailiff or Marstons. Don't forget, it is Marstons who are preventing the OP from paying the fine.

[gravytrain]

Re: Marston bailiff clamped my car!!

Why do you think the OP has agreed, on this thread, for this to be referred to HMCTS High Command? TBH, I don't think HMCTS High Command are going to be too impressed with the actions of the bailiff or Marstons. Don't forget, it is Marstons who are preventing the OP from paying the fine.

Yes BB we all agree bailiffs are barstards. The issue i mentioned was the clamp and if it has been lawfully applied, the other issues, I had not commented on.

[bluebottle]

Re: Marston bailiff clamped my car!!

Well, GT, hopefully, HMCTS High Command can confirm whether or not the bailiff acted within or outside the law and whether the clamp was lawfully applied. The fact that the bailiff is not on the register could have a bearing on this case.

[gravytrain]

Re: Marston bailiff clamped my car!!

Well, GT, hopefully, HMCTS High Command can confirm whether or not the bailiff acted within or outside the law and whether the clamp was lawfully applied. The fact that the bailiff is not on the register could have a bearing on this case.

Yes of course there are several other issues here.

[bizzybob]

Re: Marston bailiff clamped my car!!

Marstons are in the feldercarp if their obnoxious bailiff is NOT on the register, that makes him an illegal Cowboy Clamper, he could go to jail