Marston bailiff clamped my car!!

[kim481]

Re: Marston bailiff clamped my car!!

Ok thank you plodderton I will ask these questions tomorrow, I am hoping I get somewhere with this tomorrow as last time I just got shoved from pillar to post, very frustrating!!

[ploddertom]

Re: Marston bailiff clamped my car!!

Just read the thread so far- WOW

Let's not forget that all this happened because of a TV Licence fine- Makes a mockery of the whole system

Like yourself and otheres this happened to Marstons are only interested because of damage limitation - after all I bet they have been invited to tender as said in a previous post & do not want adverse comments being made. If they were indeed interested in sorting something out they would be taking an interest in these threads.

[ploddertom]

Re: Marston bailiff clamped my car!!

If contacting the Court about the Certificate the questions to ask are:
1 - was the Certificate renewed to run immediately after its last expiry date
2 - was the Certificate still in force on the day he levied distress against you

Although the Register is now with the Bulk Centre at Northampton it is still woefully out of date. The MOJ have had 4 years since the online version was introduced and there is just no excuse for it being so out of date.

[Somecamel]

Re: Marston bailiff clamped my car!!

Just read the thread so far- WOW

Let's not forget that all this happened because of a TV Licence fine- Makes a mockery of the whole system

[kim481]

Re: Marston bailiff clamped my car!!

I have never seen the bailiff as I was always out when he came and he clamped my car at 6.20 in the morning and did not knock on the door. The first I knew of the clamp was when I went to the car out of my back door to take my children to school and saw the clamp on the car, and did not see the notice of distress as it was posted through the front door. I had not been through the front door so did not notice the notice of distress until afterwards.

[ploddertom]

Re: Marston bailiff clamped my car!!

I understand there is a contract out to tender from the MOJ on behalf of HMCTS and I also understand it is envisaged just 1 enforcement company will be engaged.

[bizzybob]

Re: Marston bailiff clamped my car!!

Plodderton - The bailiff in question is A Chapman, I have been informed that his bailiff license expired on 17/1/12. It was issued at Ipswich county court. may be woeful for marstons and the police
I have not seen the warrant myself and the police did have a copy but did not show me this. They also had a statement from the bailiff in question but did not show me this either.

They seem to be digging a rather large hole for themselves, Ask marstons for sight of the Original Warrant as issued by the court.

[ploddertom]

Re: Marston bailiff clamped my car!!

When visited by a Bailiff who is collecting for HMCTS you can ask to see the Warrant. Normally the Bailiff does not carry it with him but can tell you where it can be seen - this must be some place within reason. I have heard that Marstons Bailiffs refer you to their Head Office which in my view is totally unacceptable to anyone living say 20 miles or more away.

[kim481]

Re: Marston bailiff clamped my car!!

Plodderton - I have not seen the warrant myself and the police did have a copy but did not show me this. They also had a statement from the bailiff in question but did not show me this either.

[kim481]

Re: Marston bailiff clamped my car!!

So basically the bailiff did not have the right to clamp my car in the first place then, just as I originally thought.

Tomorrow I will be on the phone to the courts to sort out this sorry mess.

The bailiff in question is A Chapman, I have been informed that his bailiff license expired on 17/1/12. It was issued at Ipswich county court.

I will telephone them tomorrow to find out if he has had it renewed but I doubt it as it is a whole year out of date and the records have not been updated on Ministry of justice website ad they could not find any record of him when I phoned them

[bizzybob]

Re: Marston bailiff clamped my car!!

The guidelines issued by Devon & Cornwall Police are as per Home Office guidelines on police officers dealing with bailiffs. Copying the Home Secretary into any complaints would probably turn Teresa May's hair greyer than it already is, but it would put her and her Policing Minister on notice that things were going badly wrong. The politicians cannot go on burying their heads in the sand and going into denial. It doesn't make the matter go away and it is too late to say sorry once someone has been killed or died as a result of the actions of out-of-control private-sector bailiffs.

They have that one covered, with post Levinson Press controls, they will prevent the publication of stories involving bailiff malpractice, if they can as counter to the public interest

[bluebottle]

Re: Marston bailiff clamped my car!!

If you look at the statistics you will indeed see that enforcement is broken down into different areas. Specifically Distress Warrants & Clamping Orders are listed separately. Would be good to see the waffle the Police will issue to counter this particularly as it seems to me it has gone past the stage of the "immediate Senior Officer". I wonder if Suffolk Police are aware of the guidelines supposedly issued based on those formulated by Devon & Cornwall Constabulary.

The guidelines issued by Devon & Cornwall Police are as per Home Office guidelines on police officers dealing with bailiffs. Copying the Home Secretary into any complaints would probably turn Teresa May's hair greyer than it already is, but it would put her and her Policing Minister on notice that things were going badly wrong. The politicians cannot go on burying their heads in the sand and going into denial. It doesn't make the matter go away and it is too late to say sorry once someone has been killed or died as a result of the actions of out-of-control private-sector bailiffs.

[ploddertom]

Re: Marston bailiff clamped my car!!

Do we have the name of the Bailiff involved? If so do we know which Court has granted his Certificate & has that been checked to ensure it is both correct & current? Has the Warrant itself been viewed - if so is it an original or one of Marstons that they have cobbled together?

[bizzybob]

Re: Marston bailiff clamped my car!!

The Pack drill must now to examine the circumstances of any clamping when a beagle is clamped, for HMCS, Civil PCN, or Council Tax and question the bailiffs right to do so, not very good for Marstons, and that other overuser of the clamp Jacobs.

Hope Kim gets a positive response to complaints and her car keys back, PDQ, along with an apology from plod, and maybe more.

[ploddertom]

Re: Marston bailiff clamped my car!!

If you look at the statistics you will indeed see that enforcement is broken down into different areas. Specifically Distress Warrants & Clamping Orders are listed separately. Would be good to see the waffle the Police will issue to counter this particularly as it seems to me it has gone past the stage of the "immediate Senior Officer". I wonder if Suffolk Police are aware of the guidelines supposedly issued based on those formulated by Devon & Cornwall Constabulary.