Marston bailiff clamped my car!!

[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!!

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!!

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!!

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.

[labman]

Re: Marston bailiff clamped my car!!

KIM

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

[CleverClogs]

Re: Marston bailiff clamped my car!!

What are your intentions?

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

[labman]

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:

[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.

[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

[labman]

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!!

Labman - is that a seperate clamping order? Does the bailiff need to go bak to the court to obtain a clamping order?

[CleverClogs]

Re: Marston bailiff clamped my car!!

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 and from what I have read, what she says is not entirely true.

She sounds more than merely "unhelpful" - she seems either grossly misinformed or actively disingenuous.

To check if a bailiff holds a current certificate, look at the Ministry of Injustice search page - link

Failing that:

If you have searched the Register but are unable to find the certificated bailiff that you are looking for, please contact the County Court Bulk Centre on 0845 4085302 between 10.00am and 4 pm. CCBC Northampton will search the Register for you and will be able to advise you of the county court that issued the bailiff's latest certificate. They are unable to advise you on any other matters.

[kim481]

Re: Marston bailiff clamped my car!!

Just come home and the clamp has been removed and no sign of the clamp! Would the bailiffs have taken it off without informing me? I'm very confused as I have no phone call or letter and I haven't made any kind of payment.

[CleverClogs]

Re: Marston bailiff clamped my car!!

Just come home and the clamp has been removed and no sign of the clamp! Would the bailiffs have taken it off without informing me? I'm very confused as I have no phone call or letter and I haven't made any kind of payment.

I suspect that the intellectual expert(s) employed by the Marston Gruppe to read letters and comments may have stumbled upon the detail that, as a single parent, you would be considered "vulnerable" and thus you should not have been subjected to such boorish bullying.

[kim481]

Re: Marston bailiff clamped my car!!

I hope this is right as I am very worried that somebody else tampered with it. As labman said I could be prosecuted for criminal damage I cut it off, that's why I left it as it was.

Shoulf I move the car or leave it where it is? If it wasn't the bailiff he will come an clamp it again