Marston bailiff clamped my car!!

Re: Marston bailiff clamped my car!!

There should be a clamping order. The bailiff should check before clamping the vehicle is registered to the person owing money, and will specify the number plate. No other vehicle can be clamped using the order, it is vehicle specific.

[kim481]

Re: Marston bailiff clamped my car!!

Also my intentions at to pay this bill at the end of the week when I am paid but by then if he take the car more charges will be added and I will not be able to pay all these too

[kim481]

Re: Marston bailiff clamped my car!!

Hello everyone thanks for your advice.

I have today been in touch with the courts and they have told me that apparently with a distress warrant there is a automatic clamping order. I have read on the Internet that the bailiff has to apply for one when they discover you have a car.
i also asked the court to see is the individual bailiff is registered but she said that the company is registered so he will be. She was very unhelpful anf from what I have read, what she says is not entirely true.

Re: Marston bailiff clamped my car!!

To pay the buggers as much money as possible? (AASQGASA)

AASQGASA - I had to Google that. My poor Google suffers substantially looking up the meaning of words and abbreviations etc... you use.

That's not as good as the word 'snollygoster' though. :beagle:

Re: Marston bailiff clamped my car!!

What are your intentions?

To pay the buggers as much money as possible? (AASQGASA)

Re: Marston bailiff clamped my car!!

KIM

Is there any update on this? What are your intentions?

[bizzybob]

Re: Marston bailiff clamped my car!!

They're not as untouchable as they think, bb.

Hopefully they will soon find out to their cost. i wonder if the advert Rossendales have put out recruiting bailiffs linked in on another forum is an indicator? that would be swapping one set of thugs for another.

[bluebottle]

Re: Marston bailiff clamped my car!!

Not that any of what you have indicated will worry marstons one iota they think themselves to be the embodiment of Judge Dredd, as in we can make it up, we are untouchable, "We Are The Law"

They're not as untouchable as they think, bb.

[bizzybob]

Re: Marston bailiff clamped my car!!

I believe the Service Agreement with HMCTS makes it quite clear that any Approved Enforcement Agent (AEA) MUST obtain a Clamping Order before attempting to immobilise a motor vehicle belonging to a fine defaulter. Otherwise, the AEA is acting ultra vires. The civil torts that come to mind are Unlawful Interference with Property and Unlawful Detention of Property.

If the AEA has no authority whatsoever to clamp, then we could talking Interfering With A Motor Vehicle (Section 5, Criminal Attempts Act 1985) at the very least.

Not that any of what you have indicated will worry marstons one iota they think themselves to be the embodiment of Judge Dredd, as in we can make it up, we are untouchable, "We Are The Law"

[bluebottle]

Re: Marston bailiff clamped my car!!

I believe the Service Agreement with HMCTS makes it quite clear that any Approved Enforcement Agent (AEA) MUST obtain a Clamping Order before attempting to immobilise a motor vehicle belonging to a fine defaulter. Otherwise, the AEA is acting ultra vires. The civil torts that come to mind are Unlawful Interference with Property and Unlawful Detention of Property.

If the AEA has no authority whatsoever to clamp, then we could talking Interfering With A Motor Vehicle (Section 5, Criminal Attempts Act 1985) at the very least.

[bizzybob]

Re: Marston bailiff clamped my car!!

Might it be an unlawful arrest of a good?

If there is no clamping order, or clamping is not within the agreement with HMCS, then maybe claim against Marstons, under Torts Interference With goods Act 1977, but I'm sure other Beagles would know other more relevant remedies

Re: Marston bailiff clamped my car!!

I would say that the very presence of the clamp, shows the intention is most definitely NOT to abandon the levy, but expressly to cause maximum inconvenience, and prevent the vehicle being moved and possibly hidden.

Might it be an unlawful arrest of a good?

[bizzybob]

Re: Marston bailiff clamped my car!!

I would say that the very presence of the clamp, shows the intention is most definitely NOT to abandon the levy, but expressly to cause maximum inconvenience, and prevent the vehicle being moved and possibly hidden.

Re: Marston bailiff clamped my car!!

As I am classed as vulnerable, what would that mean for me?

I have been researching and i read that as he clamped the car and then left this would become a abandoned levy, just wondered if this was true.

Thanks

Hi Kim,

Can I refer you back to my suggestions in post number 8 please.

It's good to see you researching your own case. However, if you want to know the 'agreed LB line' have a look at the stickies here:

http://www.legalbeagles.info/forums/...Bailiff-Issues

You will always see differing opinions elsewhere, and I suspect I know where you are doing your research. There is only one other website, easily found in the UK which suggests you can cut off wheel clamps as it is an abandoned levy of which I'm aware. It even tells you exactly how to remove it and what you can 'lawfully' do with it afterwards.

If it is the site I am thinking of, ultimately only you can decide which site's suggestions to follow. I would VERY strongly recommend you follow those of LB, but it is up to you.

I refer you again back to the suggestion I made in post 8.

Sorry, but I'm not even going to comment on the notion of an abandoned levy beyond saying just think about the logistics of it, and common sense should tell you the answer. It deserves no more comment than that in my opinion.

[kim481]

Re: Marston bailiff clamped my car!!

As I am classed as vulnerable, what would that mean for me?

I have been researching and i read that as he clamped the car and then left this would become a abandoned levy, just wondered if this was true.

Thanks