Marston bailiff clamped my car!!

[bizzybob]

Re: Marston bailiff clamped my car!!

That can only be done by the Minister for Injustice.

And the minister couldn't care less as long as the money is collected.

[kim481]

Re: Marston bailiff clamped my car!!

Thanks for your replies. Oh no u hope this isn't what they are doing! My local police force is suffolk police. I will phone the court tomorrow morning and explain my situation.
I did put in a complaint to marstons last week about all of what had happened, they sent a reply saying they were investigating the complaint and would get back to me.

[bizzybob]

Re: Marston bailiff clamped my car!!

Thanks for your replies. Oh no u hope this isn't what they are doing! My local police force is suffolk police. I will phone the court tomorrow morning and explain my situation.
I did put in a complaint to marstons last week about all of what had happened, they sent a reply saying they were investigating the complaint and would get back to me.

Whilst your complaint is ongoing Marstons should hold back on further enforcement, if one of their throwbacks, turns up during the investigation period, film him even with your phone, or record voice, (covertly so as not to put yourself in danger, even though there is no law to prevent you filming or recording him, they are noted as being thuggish and nasty), to capture any threats that can be challenged later.

[Celestine]

Re: Marston bailiff clamped my car!!

Kim - Can you PM me your real name and enforcement notice number and I'll make sure Marstons Chief Executive sees it xx

[CleverClogs]

Re: Marston bailiff clamped my car!!

And the minister couldn't care less as long as the money is collected.

That is why the Tory, Helen Grant MP is the appropriate minister (link1, link2)

[bizzybob]

Re: Marston bailiff clamped my car!!

That is why the Tory, Helen Grant MP is the appropriate minister (link1, link2)

She is as greedy for expenses as a Marstons bailiff is for fees. Hope Celestine can help Kim to resolve this, by kicking it upstairs in the Marstons chain of command.

[labman]

Re: Marston bailiff clamped my car!!

You need to inform the court tomorrow of Marstons preventing you from paying the fine. Better still, refer this directly to the HMCTS Regional Contracts Manager. Don't bother with the HMCTS Area Enforcement Manager. This is an unsavoury and potentially illegal tactic of Marstons whereby they engineer an alleged failure to pay in order to justify forcing entry to a fine defaulter's home and boost their fees. I am sorely-tempted to bring this to the attention of the Head of Enforcement Operations for your area. Who are your local police force, please?

BB - With all due respect, and I think you probably meant this, it would be for the OP to make this decision. I would also suggest that if it is considered suitably important, it be raised with Site Admin who could escalate it further.

OP - To me the immediate concern, as BB quite rightly identifies, is to notify the court that you are being prevented from making a payment. If this happens in future, make sure you get a screenshot of the refusal as evidence.

[bizzybob]

Re: Marston bailiff clamped my car!!

For those who don't know, to get a screen print press CTRL PRTSCRN or for the selected window only ALT PRTSCRN, then paste ( CTRL V) into a photo package, or MS Paint if you don't have one, then save as a bitmap or Jpeg

[bluebottle]

Re: Marston bailiff clamped my car!!

BB - With all due respect, and I think you probably meant this, it would be for the OP to make this decision. I would also suggest that if it is considered suitably important, it be raised with Site Admin who could escalate it further.

OP - To me the immediate concern, as BB quite rightly identifies, is to notify the court that you are being prevented from making a payment. If this happens in future, make sure you get a screenshot of the refusal as evidence.

When I feel strongly about something, such as in this case, LM, I will make a statement such as that which you have highlighted in your post. However, I am always mindful that the final decision has to be the OP's. The practice of engineering a failure to pay a fine is not only unsavoury, IMHO, it is potentially, perverting the course of justice as recovery of a fine is part of the judicial process and judicial process is used to issue the Distress Warrant, Clamping Orders and authority to force entry. Going back to the court, in this instance, isn't going to get the OP anywhere as the response they will get is that they have to deal with Marstons. Referring this to the HMCTS Regional Contracts Manager will probably achieve a better outcome as they are detached from the courts themselves and can clamp down on questionable practices by contracted bailiff companies. An RCM is in charge of enforcement within a region (There are currently 8 RCMs.) and is more senior in position than an Area Enforcement Manager.

[CleverClogs]

Re: Marston bailiff clamped my car!!

When I feel strongly about something, such as in this case, LM, I will make a statement such as that which you have highlighted in your post. However, I am always mindful that the final decision has to be the OP's. The practice of engineering a failure to pay a fine is not only unsavoury, IMHO, it is potentially, perverting the course of justice as recovery of a fine is part of the judicial process and judicial process is used to issue the Distress Warrant, Clamping Orders and authority to force entry. Going back to the court, in this instance, isn't going to get the OP anywhere as the response they will get is that they have to deal with Marstons. Referring this to the HMCTS Regional Contracts Manager will probably achieve a better outcome as they are detached from the courts themselves and can clamp down on questionable practices by contracted bailiff companies. An RCM is in charge of enforcement within a region (There are currently 8 RCMs.) and is more senior in position than an Area Enforcement Manager.

Shouldn't this really be dealt with at Corporate Governance level?

The Chief Executive of HMCTS is one Peter Handcock.

Yes, really...

[bizzybob]

Re: Marston bailiff clamped my car!!

Shouldn't this really be dealt with at Corporate Governance level?

The Chief Executive of HMCTS is one Peter Handcock.

Yes, really...

Lets hope he is more effective than his name suggests

[bluebottle]

Re: Marston bailiff clamped my car!!

The route for complaints regarding enforcement on behalf of HMCTS is -

Area Enforcement Managers (AEM) -> Regional Contracts Managers (RCM) -> Heads of Enforcement Operations (HEO) -> Director of Enforcement Operations (DEO) -> CEO HMCTS

The aim is to have matters deal with, ideally, at AEM level or, failing this, RCM level. Most complaints appear to be resolved at RCM level. However, a recent FOIA request I made to HMCTS provoked a response from the Assistant to one of the HEOs and complaints, especially those involving malpractice and violence on the part of contracted bailiff companies, can be referred to HMCTS at that level.

[kim481]

Re: Marston bailiff clamped my car!!

Hello,

Well I have just come back from the police station. I was arrested for theft of a motor vehicle today!! I was questioned the police put me in a cell, searched my house while I was there and took all of my dna, fingerprints etc. They have sided with the bailiff and taken my car even though they did feel for me.
I was stopped by police a few days ago who said my car was reported as stolen, but they could see it wasn't and took the stolen tag off but a police officer got in touch yesterday and said I needed to be questioned as it is a criminal offence.

[kim481]

Re: Marston bailiff clamped my car!!

The police have now in fact taken my car for the bailiff to sell. I have handed over the keys but i still have the v5 document.

[CleverClogs]

Re: Marston bailiff clamped my car!!

Except that it is not a criminal offence!

It's another case that Marstons (who claimed remorse over another of their thugs) should try to rectify, if one is to believe any of their claims about "professional conduct". Your local police farce may also need some "percussive re-education", as Brother Bluebottle might put it.