Marston bailiff clamped my car!!

**labman** · 2nd March 2013, 12:50:PM

Re: Marston bailiff clamped my car!!

I received a £250 fine from the magistrates court for not having a tv licence last year. To be honest I forgot about the fine and now the matter has been sent to bailiffs. I have received visits and letters posted through the door from the bailiff, but I have been informed that I should never open the door to the bailiff. I have previously been in contact with the bailiff and said I can not pay in full but I can pay in installments. The bailiff has flat out refused this when I have offered it. They are not allowed to refuse reasonable offers of repayment.

Anyway at 6.20 yesterday morning the bailiff clamped my car. I was not aware until 8.15 when I went out to take my children to school. The notice left on the car said that I need to pay £550 by noon to get my car released. I phoned marston group who were rude, arrogant and didn't even give me a chance to speak. All they kept saying was that I need to pay the money by noon or the will come back and take my car. I spent all morning reading threads online and information about what I can do. I telephoned the court and they told me I would need to speak to the bailiff as it is with them now. I have checked the bailiffs name on the ministry of justice website and he does not come up as registered, as I phoned the court to see if they had record of him which they didn't. The trouble I have is that I don't know how up to date that register is to even find out if he is in fact registered. Have you phoned the Ministry of Justice to see if they have a record of the bailiff, or the court in which they were certificated?
http://www.legalbeagles.info/forums/...s-Courts-Fines

4th line down. You may also find the fees interesting.

After phoning round all morning I resorted to phoning the police for advice, the office said she has limited knowledge of bailiffs but told me to never let one into my home. In the end I text the bailiff to say I have offered you a payment plan that you refused, I explained I am a single mother of 2 children and I use my car for work purposes. What is your work? The definition of an essential car user is fairly tight. I also asked him to send me my court case number as I had misplaced it but he doesn't want to give me that. He text me back saying he was coming to get my car in 20 mins if I did not pay. Did you receive a Further Steps Notice for this fine? If not, follow the advice in the link above; if you did, you ask to see copies of both the Distress Warrant and the Clamping Order. Which bailiff company is it?

After a few texts back and fourth and me pointing out what I had found on the internet and threatening to make a formal complaint about him he has decided to give me until monday to pay up. Probably because he's acted unlawfully somewhere along the line. You MUST send Letter One from here asap:
http://www.legalbeagles.info/forums/...Useful-Letters

I have bought myself some time but I still won't have the money to pay until 11th march. Don't worry, the fees may be unlawful anyway, though it is clear to me where they get the £500 from and I suspect they will come back with £250 Fine, £85 Admin Fee, £215 Attendance Fee = £550.00. You are lucky they have not charged a Letter Fee of £11.20. There are some very significant arguments to suggest these fees are not accurate - see what they come back with.

Is it right that I can remove the clamp myself as he left my car unattended and park somewhere away from my house???
Would I get a criminal record for this??? No, as long as he left correct paperwork for levying distress on your car, you should not remove the clamp. If any damage were to be done to it in the process of removing it, you could be found guilty of causing criminal damage.

If I pay the fine money direct to the court on the 11th then is it right he has no grounds to come here as I do not by law have to pay the bailiffs charges??? You should only have to pay the charges which are fair. Advice HAS to be to pay the £300 bailiff charges at the moment. Some sites would advise you differently, but we have looked into it in some detail in collaboration with another large consumer website. Ultimately, only you can decide whose advice to follow. Sadly the question you have asked does not currently have a straight 'yes' or 'no' answer.

Also I haven't seen a warrant or clamping order as I have not opened the door to him like I was told to. I haven't signed anything to say he can take my car if I don't pay. If you can post the name of the company, I can probably post a copy of a distress warrant from them.

If I refuse entry can he break into my home?? If the levy is valid, he can remove your car on the day of sale and collect fees from there. Any remaining balance will be paid to you. As long as the levy on your car covers the fine and is valid, then they would have no need to force entry to your house.

If I refuse to pay him will the warrant get sent back to court?? This is covered in the initial link I posted.

Sorry for so many questions I am just worried about what to do? No problem - it's what we're here for!

I appreciate any help, Thank you xxx

**kim481** · 2nd March 2013, 15:44:PM

Re: Marston bailiff clamped my car!!

Hello thank you for your reply.

Thanks for the information you have given me.

The company is called Marston group ltd

**labman** · 2nd March 2013, 16:37:PM

Re: Marston bailiff clamped my car!!

Have you seen the distress warrant? Can you post up redacted versions of any paperwork they left as well please? (Redacted means with your personal details removed)

**ODC** · 2nd March 2013, 17:37:PM

Re: Marston bailiff clamped my car!!

Do you own the car outright or is it on Hire Purchase

**bluebottle** · 2nd March 2013, 18:59:PM

Re: Marston bailiff clamped my car!!

Due to the behaviour of the bailiff and Marstons, you would be wise to pursue this with the HMCTS Area Enforcement Manager (AEM), in the first instance, and escalate it to the HMCTS Regional Contracts Manager (RCM) if they give you the runaround or try to fob you off. Do this first thing on Monday morning. If the court refuse to provide you with the telephone number of either the AEM and/or RCM, ring the Ministry of Justice and ask to speak to someone in the Enforcement Operations Department.

**kim481** · 2nd March 2013, 20:21:PM

Re: Marston bailiff clamped my car!!

Thank you for the replies.

Labman- I have not seen a copy of the distress warrant from the bailiff and all I have received is notices of distress, even when my car was clamped and he posted a letter through the door it was a notice of distress form. I will post the pictures of paperwork asap.

Ocd- Unfortunately I own the car outright.

Bluebottle - Thank you for the advice I will do this first thing monday morning. Hopefully I will get somewhere that way. Fingers crossed

According to the marston website it says that the bailiff has to go back to court to get a clamping order. And I would be charged £205 for this but im guessing he didn't do this as this charge isn't on any paperwork he has left.

**labman** · 2nd March 2013, 20:52:PM

Re: Marston bailiff clamped my car!!

I suspect you're right, which is precisely why I suggested you should ask to see it. He will find it hard to provide something that does not exist.

If you are sure no Further Steps Notice was received, please follow the steps in the link I posted above. If none was sent, no further enforcement should have happened until it had been.

**CleverClogs** · 2nd March 2013, 21:18:PM

Re: Marston bailiff clamped my car!!

Originally posted by kim481 View Post

In the end I text the bailiff to say I have offered you a payment plan that you refused, I explained I am a single mother of 2 children ...
He text me back saying he was coming to get my car in 20 mins if I did not pay...
After a few texts back and fourth and me pointing out what I had found on the internet and threatening to make a formal complaint about him he has decided to give me until monday to pay up.

Originally posted by labman View Post

Probably because he's acted unlawfully somewhere along the line.

Apart from his wilful refusal to consider a single parent to be vulnerable?

The other point to note is that the bailiff company is, once more, the Marston Group. They're the same bunch who declared they'd mend their ways after the antics of Boadicea Boswell came to light.

I doubt that they will ever change.

**bizzybob** · 2nd March 2013, 22:18:PM

Re: Marston bailiff clamped my car!!

Originally posted by CleverClogs View Post

Apart from his wilful refusal to consider a single parent to be vulnerable?

The other point to note is that the bailiff company is, once more, the Marston Group. They're the same bunch who declared they'd mend their ways after the antics of Boadicea Boswell came to light.

I doubt that they will ever change.

There is no chance that they will change, in their book no one is vulnerable, and if the person cannot afford their demands, well they will have to beg or borrow the money to pay them. They think they are above the law.

**kim481** · 3rd March 2013, 10:19:AM

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

**labman** · 3rd March 2013, 11:38:AM

Re: Marston bailiff clamped my car!!

Originally posted by kim481 View Post

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.

**bizzybob** · 3rd March 2013, 11:42:AM

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.

**CleverClogs** · 3rd March 2013, 16:17:PM

Re: Marston bailiff clamped my car!!

Originally posted by bizzybob View Post

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** · 3rd March 2013, 16:24:PM

Re: Marston bailiff clamped my car!!

Originally posted by CleverClogs View Post

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

Marston bailiff clamped my car!!

Marston bailiff clamped my car!!

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