Can bailif put a levy on a car without the car being there?

[golf247]

Hi, I would like to know if a Marstons bailif can levy on a car without me or the car being there?

[bizzybob]

Re: Can bailif put a levy on a car without the car being there?

Technically no, but Marstons may have logged a registration number, and claimed a levy for it to stand the car would need to be at or adjacent to the premises, at the time of the levy and the bailiff should post the Notice Of Seizure with the vehicle details, AT THE TIME OF THE LEVY. Others will be able top expand on this.

Have marstons levied on a motor whilst it was not there as in my scenario where they took a number on a previous visit, and levied on a subsequent visit even though the motor wasn't there?

[golf247]

Re: Can bailif put a levy on a car without the car being there?

Yes they have taken registration number on a previous visit

[bluebottle]

Re: Can bailif put a levy on a car without the car being there?

Then the levy is potentially invalid as they should have posted a Form 7 (Notice of Seizure) through your door or handed it to you AT THE TIME. What time-period has elapsed between their previous visit and them posting this document through your door? What is this in connection with: Council Tax, PCN CCJ or a Magistrates Court fine? Are Marstons acting as Certificated Bailiffs or High Court Enforcement Officers?

[golf247]

Re: Can bailif put a levy on a car without the car being there?

They have left me a Notice of seizure of Goods Inventory, it was left in my post box outside my house. The previous visit was the day before and it is in connection with a PCN. Marstons are acting as Certified Bailiffs on this one.

[bluebottle]

Re: Can bailif put a levy on a car without the car being there?

What is the date of the levy and the date they left the Form 7 in your post box? Where was the car when they supposedly levied on it?

[golf247]

Re: Can bailif put a levy on a car without the car being there?

The date of the Notice of seizure was the 10th April 2013, that's the only paperwork they left and the car was 60 miles away, I'm not sure what you mean by form 7

[bizzybob]

Re: Can bailif put a levy on a car without the car being there?

The date of the Notice of seizure was the 10th April 2013, that's the only paperwork they left and the car was 60 miles away, I'm not sure what you mean by form 7

The Form 7 is the Notice Of seizure they should leave at the time of the levy, but if the goods weren't there at the time he delivered the note then as per bluebottle the levy is most likely invalid. If you can prove the motor was elsewhere at the date and time provided on the Form 7 well the bailiff may well need a dose or 3 of immodium.

[ploddertom]

Re: Can bailif put a levy on a car without the car being there?

Is it possible you can prove the car was elsewhere at the time the "supposed" levy took place. This would probably be classed as a "drive by levy" which is ruled unlawful. Be aware that Bailiffs do read these threads so don't give too much away when you respond - keep times & dates to yourself until such time as you get the same information from the Bailiff.

[bluebottle]

Re: Can bailif put a levy on a car without the car being there?

Is it possible you can prove the car was elsewhere at the time the "supposed" levy took place. This would probably be classed as a "drive by levy" which is ruled unlawful. Be aware that Bailiffs do read these threads so don't give too much away when you respond - keep times & dates to yourself until such time as you get the same information from the Bailiff.

If that's the case, PT, the numpties should realise they're stuffed or potentially stuffed and back off. If they don't, then they have no excuse if their attempts to be clever backfire on them. I do, however, agree with you about not disclosing times and dates on an open forum.

[bizzybob]

Re: Can bailif put a levy on a car without the car being there?

If that's the case, PT, the numpties should realise they're stuffed or potentially stuffed and back off. If they don't, then they have no excuse if their attempts to be clever backfire on them. I do, however, agree with you about not disclosing times and dates on an open forum.

Chances are they may tough it out and come unstuck . "Unstuck in time" said Zathras (B5)

[ploddertom]

Re: Can bailif put a levy on a car without the car being there?

I would also suggest put a complaint in writing to Marstons. I am told with the new regime they have that complaints made in writing will be investigated. I am not saying this halt action in the meantime but it may make the attending Bailiff more aware his actions may be subject to scrutiny.

[CleverClogs]

Re: Can bailif put a levy on a car without the car being there?

Marstons are acting as Certified Bailiffs on this one.

They're usually just Certificated.

On this occasion, they may indeed once have been certified. :wacko::crazy:

[bizzybob]

Re: Can bailif put a levy on a car without the car being there?

They're usually just Certificated.

On this occasion, they may indeed once have been certified. :wacko::crazy:

Marstons bailiff to psychiatrist But there is a car there, just not right now, and it's index no is .....psychiatrist to bailiff "Now zen tell me all about it, zis car, vot colour vas it, only ve haf been told it voz not zere, are you sure it izz not your imagination? Don't vorry ve can help you""