Marston Clamped Car

[mott9999]

Driving offence fine of £120 escalated (after I had forgotten to pay) to clamping of car. Notice of distress has my name mispelled and his is not as the name appears on the register. Since the car is not taxed or mot'd it is virtually worthless and I had sold it for scrap. There was no letter or notice from bailiff and he failed to knock on house door (I was away but son saw him from bedroom). He is claiming attendance fee of £215 and bailiffs fee of £85. Can I do anything about this? I know my stupidity and forgetfulness caused it, but I would love to get one over on them and I am very short of money as lost my job.

[bluebottle]

Re: Marston Clamped Car

When did this happen, please? Also, when did you sell the car to a licensed dismantler, metal recycler or SMD (Scrap Metal Dealer)? If it was prior to Soft Boy clamping the car, he is in the proverbial as he is, technically, detaining third-party goods, which is a no-no.

Just as a matter of interest, could you answer the following -

1. Were you sent a summon to attend a court hearing?
2. Were you in court when the fine was imposed?
3. Were you means examined by the court?
4. Did you receive a document called a Further Steps Notice (FSN) from the court before Marstons appeared?

The FSN is a legal requirement and enforcement of court fines cannot be undertaken unless this document has been served on a fine defaulter. Also, a fine cannot be imposed or enforced if your means were not examined by the court. This has been confirmed by a recent Judicial Review (JR) - R -v- South Western Magistrates (on the application of Purnell) - Marstons can charge £85 for sending a letter to a fine defaulter, reminding them to pay their fine and £215 if they visit your home. However, Marstons have been found bending the rules and, possibly, the law in the manner in which they enforce fines on behalf of HMCTS.

[CleverClogs]

Re: Marston Clamped Car

Since the car is not taxed or mot'd it is virtually worthless and I had sold it for scrap.

To whom had you sold it?

Had you sold the jalopy before it was clamped?

[bizzybob]

Re: Marston Clamped Car

As above, if sold on before the muppets seizure he is firked, levy would then be unlawful as per the Blaby council ruling. and like the Jacobs case where they removed a vehicle awaiting repair belonging to a third party at a debtor's address.

[bluebottle]

Re: Marston Clamped Car

If the vehicle has, indeed, been sold for recycling prior to Marstons becoming involved or before Soft Boy could levy on and clamp it, it is Unlawful Detention of and Unlawful Interference with Property per se. If the vehicle was simply awaiting removal to an Approved Treatment Facility (ATF), the bailiff is not only going to lose the vehicle, but the clamp, too. If the bailiff attempts to remove the vehicle, it will almost certainly be Theft and, possibly, Fraud by False Misrepresentation.

[bizzybob]

Re: Marston Clamped Car

If the vehicle has, indeed, been sold for recycling prior to Marstons becoming involved or before Soft Boy could levy on and clamp it, it is Unlawful Detention of and Unlawful Interference with Property per se. If the vehicle was simply awaiting removal to an Approved Treatment Facility (ATF), the bailiff is not only going to lose the vehicle, but the clamp, too. If the bailiff attempts to remove the vehicle, it will almost certainly be Theft and, possibly, Fraud by False Misrepresentation.

If indeed that is the case, well the disposal contractor will welcome the extra pennies they will get from weighing the clamp in.