Marston bailiff clamped my car!!

[bluebottle]

Re: Marston bailiff clamped my car!!

Yes of course there are several other issues here.

Don't get me wrong, GT, I have noted what Phil Evens has said and I thank you for going to the trouble of contacting Phil, however, all the issues involved need to be taken and considered as a whole. It may well be that Marston's actions in obstructing/preventing the OP from paying the fine have invalidated the Distress Warrant and means that the bailiff's actions are entirely ultra vires. Until the matter has been placed before HMCTS High Command and they have investigated, I don't think any of us are going to know for definite whether Marstons, Suffolk Police and HMCTS in Ipswich are going to receive the mother of all kicks up their backsides.

[gravytrain]

Re: Marston bailiff clamped my car!!

Don't get me wrong, GT, I have noted what Phil Evens has said and I thank you for going to the trouble of contacting Phil, however, all the issues involved need to be taken and considered as a whole. It may well be that Marston's actions in obstructing/preventing the OP from paying the fine have invalidated the Distress Warrant and means that the bailiff's actions are entirely ultra vires. Until the matter has been placed before HMCTS High Command and they have investigated, I don't think any of us are going to know for definite whether Marstons, Suffolk Police and HMCTS in Ipswich are going to receive the mother of all kicks up their backsides.

It was no trouble, since I was talking to him anyway i thought I would ask.

[CleverClogs]

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.

There is also the question of who actually has title to a good on which distress has been levied but not removed by a bailiff. Unless the Distress Warrant also includes an Order for Sale, title in the good would seem to remain with the bailiff's victim.

And, if that's the case, it is immediately obvious that kim should never have been arrested for theft.

[bizzybob]

Re: Marston bailiff clamped my car!!

There is also the question of who actually has title to a good on which distress has been levied but not removed by a bailiff. Unless the Distress Warrant also includes an Order for Sale, title in the good would seem to remain with the bailiff's victim.

And, if that's the case, it is immediately obvious that kim should never have been arrested for theft.

That would be logical, however bailiffs are not logical, and hope they can twist things to their viewpoint, Kim should not have been put through any of this for a poxy TV Licence, the concept of a licence to watch TV is so last century.

[gravytrain]

Re: Marston bailiff clamped my car!!

Unfortunately once goods are seized they become they property of the court,( they can be taken immediately) the WPA merely allows the debtor to continue to use the goods, (unless there is a risk of them being removed). whilst they arrange to pay the sum owed, orders do not have to be signed by the debtor McLeod v Butterwick [1996] 1 WLR 995.

[bluebottle]

Re: Marston bailiff clamped my car!!

Unfortunately once goods are seized they become they property of the court,( they can be taken immediately) the WPA merely allows the debtor to continue to use the goods, (unless there is a risk of them being removed). whilst they arrange to pay the sum owed, orders do not have to be signed by the debtor McLeod v Butterwick [1996] 1 WLR 995.

There are a number of issues, relating to this case, that raise questions as to the legitimacy of the enforcement action taken against the OP. A submission is going off to HMCTS today. It will be a case of waiting for the outcome of their investigations into the matter.

[bizzybob]

Re: Marston bailiff clamped my car!!

There are a number of issues, relating to this case, that raise questions as to the legitimacy of the enforcement action taken against the OP. A submission is going off to HMCTS today. It will be a case of waiting for the outcome of their investigations into the matter.

Yes something doesn't quite smell right on this one.

[bluebottle]

Re: Marston bailiff clamped my car!!

Yes something doesn't quite smell right on this one.

It stinks to high heaven.

[kim481]

Re: Marston bailiff clamped my car!!

Today I have been past the police station and my car is still there. Considering the bailiff was so desperate to have the car, i'm surprised its still sitting there. Hopefully this is a good sign.

I would like to thank you all for your help and advice you have given me, especially to Bluebottle!

All the relevant people have now been informed of the situation so guess I just need to sit it out while they investigate

[bluebottle]

Re: Marston bailiff clamped my car!!

Submission went off to HMCTS this morning due to technical issues yesterday. As Kim says, it is now a case of waiting for HMCTS to investigate and get back to her.

[CleverClogs]

Re: Marston bailiff clamped my car!!

I'd like to know what happened to the clamp.

[bluebottle]

Re: Marston bailiff clamped my car!!

I'd like to know what happened to the clamp.

We may never know, CC, but it will be interesting to see what HMCTS Enforcement Operations have to say about the bailiff's actions in this matter.

[CleverClogs]

Re: Marston bailiff clamped my car!!

I'd like to know what happened to the clamp.

We may never know, CC, but it will be interesting to see what HMCTS Enforcement Operations have to say about the bailiff's actions in this matter.

And also about Marstons having apparently made it impossible for kim to make payments?

As for the clamp which disappeared, the possibilities would seem to be:

1. it sublimated into gas, which is impossible
2. someone took a completely silent angle-grinder (WDNE) to it so the neighbours would not hear
3. kim herself picked the lock or cut through the chain, then removed it
4. the ba:censored:bailiff removed the clamp (possibly leaving some iron filings and abrasive dust as "evidence") so he could then make a report to the plods that the car had been "stolen"

[bizzybob]

Re: Marston bailiff clamped my car!!

And also about Marstons having apparently made it impossible for kim to make payments?

As for the clamp which disappeared, the possibilities would seem to be:

1. it sublimated into gas, which is impossible
2. someone took a completely silent angle-grinder (WDNE) to it so the neighbours would not hear
3. kim herself picked the lock or cut through the chain, then removed it
4. the ba:censored:bailiff removed the clamp (possibly leaving some iron filings and abrasive dust as "evidence") so he could then make a report to the plods that the car had been "stolen"

Point 4 gets my vote as a distinct possibility, the other issue, is how Marstons did their best to actively PREVENT payment, surely this could be fraud?

[CleverClogs]

Re: Marston bailiff clamped my car!!

the other issue, is how Marstons did their best to actively PREVENT payment, surely this could be fraud?

I understood that kim's account had apparently disappeared from the Marston system, thereby making it impossible to make any online payment.