Car Clamping by Marston- Used by disabled passengers.

[Melllbelll]

Last night I arrived home to see two Bailiffs waiting at my door...'oh no, the court fine I've not addressed yet' came to mind. Rather than identifying myself to them I reversed (after having been seen, but not identified by them) out of the street. I returned a few hours later to find a Removal Notice posted through my door at 19:30 hours.

Led in bed last night I was wondering how the hell I was going to be able to pay such a hefty £626 fine on my measly income (which get topped up with working tax credit). I thought I could manage £15 per month and would put that to them. To my dismay (and thy're obvious enjoyment) there was a clamp on my car by 7am this morning.

What do I do... I have a 'polite notice, 'please do not park here as used by disabled persons' sign out the front of my house, in front of where the car was clamped. I often take disabled children out for the day, but am not registered disabled myself. As I understand they shouldn't clamp a vehicle where it is led to believe its used for carrying such like.

Do I have to pay the full amount to get the clamp removed I can really only afford a payment plan. I'm not disputing the initial fine, but god I wish I could have made the original court date!

[ploddertom]

Re: Car Clamping by Marston- Used by disabled passengers.

Start at the beginning and tell us a little more history about this. You mention a Court fine. What for, when, did you attend Court, have you received a Further Steps Notice etc etc?

[Melllbelll]

Re: Car Clamping by Marston- Used by disabled passengers.

The fine was for keeping an untaxed vehicle on a public road. Hold my hands up-guilty!...To be honest I've been ignoring this for too long, and have not kept records. I didn't go to court as I couldn't make the date, but just didn't reply! Yes I've received a further steps notice ( I think, again, I ignored, couldn't deal with the stress...hmmmm now look where that's got me!!)

[Eloise01]

Re: Car Clamping by Marston- Used by disabled passengers.

What do I do... I have a 'polite notice, 'please do not park here as used by disabled persons' sign out the front of my house, in front of where the car was clamped. I often take disabled children out for the day, but am not registered disabled myself. As I understand they shouldn't clamp a vehicle where it is led to believe its used for carrying such like.

Just to clarify - you are not disabled, your children are not disabled, and you don't have a blue badge? So this is a complete red herring?

[Melllbelll]

Re: Car Clamping by Marston- Used by disabled passengers.

I'm not registered Disabled, although this may well be the prompt I needed to get a legal document which states I am! (another state of denial!)

Red herring- I wouldnt say so, I read that if it appears that a vehicle is used to carry disabled passengers it should not be clamped..... that is in addition to one actually displaying a badge.

[Eloise01]

Re: Car Clamping by Marston- Used by disabled passengers.

So if I pop my elderly neighbour down to the supermarket once or twice my car can't be clamped? Rubbish - occasionally putting a person with a disbaility in your car isn't a get out of jail free card. Neither is a home made sign. So the answer is yes - it's a red herring.

[Melllbelll]

Re: Car Clamping by Marston- Used by disabled passengers.

So if I pop my elderly neighbour down to the supermarket once or twice my car can't be clamped? Rubbish - occasionally putting a person with a disbaility in your car isn't a get out of jail free card. Neither is a home made sign. So the answer is yes - it's a red herring.

What kind of rude person are you....I am seeking genuine advice, and thats not helpful! I take Autistic children in my car 2-3 times a week (voluntary work). Also do respite-hence the sign, supplied by the council. I Had a child booked in at the Riding for the Disabled centre today, which I now can't take them....So if you dont mind lil bad attitude, go and give your unhelpful advice elsewhere.... It was what I read, so am only trying to get the legal facts on a potential get out of jail free card as you so put it.

[Eloise01]

Re: Car Clamping by Marston- Used by disabled passengers.

It is not rude to point out facts. I did not comment on your character or personality for failing to pay road tax on your vehicle (I hope you were not driving children with disabilities whilst having no road tax) - I commented that you have no more rights than anyone else, which is simply a fact. A legal fact at that. It doesn't matter who provided the "polite sign" - a residents parking bay for someone requiring disabled parking has set criteria, as does a blue badge. Simply carrying people with disabilities on occasions does not get special treatment. And that is what you appeared to be asking for - special treatment because you failed to pay road tax, got caught, had a court date which you didn't go to, and then ignored the fine, but you are a really nice person and do voluntary work. I do voluntary work too. So do lots of other people. It doesn't get us out of our obligations. I'm sure that someone will be able to advise on the process for sorting this out, but that doesn't mean that you are more entitled than anyone else. We all have to pay road tax and there are consequences if we don't. What makes you so special that this doesn't apply to you?

[Melllbelll]

Re: Car Clamping by Marston- Used by disabled passengers.

That Id expect from an obviously narrow minded individual who does not now all the facts. The basic facts are outlined, should I of needed a busy bodies interference then I'd of asked elsewhere. Legal advice is what is sought. I have two vehicles. They did not clamp the one that was fined. All I am trying to achieve today is the clamp removed and to find out if I can make instalments.....I quote, from the www.BailiffAdviceOnline "The Bailiff cannot clamp or immobilise a vehicle either displaying a valid Disabled Badge or, where there are “reasonable grounds to believe that the vehicle is used for the carriage of a disabled person”. See the Statutory Regulation below for confirmation of this."

[wales01man]

Re: Car Clamping by Marston- Used by disabled passengers.

Would think disabled person needs to have a blue badge you cant just get a letter to say someone is disabled, before you get rude to LBers YOU broke the law choosing not to tax a vehicle,had your chance in court now your looking for a way out,get real i pay car tax is there a reason you dont?

[Melllbelll]

Re: Car Clamping by Marston- Used by disabled passengers.

In your very expert opinion, where do you think this information from the Advice website came from, and what are the statutory regulations? Im not looking for a way out, read the thread properly...Im happy to pay!Dick!

Who said I dont pay rfl- two vehicles, the one fined is a restoration project and now off he road. FYI my doctor would give me a Blue Badge tomorrow, that is my legal right, I choose to not be labelled and challenge myself daily.

[wales01man]

Re: Car Clamping by Marston- Used by disabled passengers.

As you know so little the doctor does not give you a blue badge the local; authority do now remember us dicks have not been fined and now have bailiffs chasing them ,your next challenge will be to pay the bailiffs ,as you may read on previous threads on this and other forums once a bailiff gets their teeth into you its hard to remove them

[Melllbelll]

Re: Car Clamping by Marston- Used by disabled passengers.

Still no answer to my only real question, so why are you trying to give advice, when quite obviously you don't have any to give!!!!

I love a good challenge!....feel bad for letting Milka down this afternoon, for my own inadequacies, so have paid in full, vehicle clamp already off, and she shall ride!!

My doctor offered to support a claim for a badge 7 years ago- I chose not to, as I will continue not to be a defeatist. If I ever decide to follow it up thanks for the only sound advice given, I shall endeavour to knock on the councils door for one!

[wales01man]

Re: Car Clamping by Marston- Used by disabled passengers.

The soundest advice i can give is dont break the law ,no problems then?

[labman]

Re: Car Clamping by Marston- Used by disabled passengers.

This kind of discussion is not helpful.

Melllbelll - you state you received the Further Steps Notice but ignored it. You now have your car clamped.

Three things:

1. Clamping Orders are very specific to a particular car. THey're issued my the Magistrates' Court and specify the make, model and registration plate number of the vehicle which the bailiff is permitted to clamp. Did you receive a copy of this? If not, you need to ask to see it.

2. The procedure for a Magistrates' Court is very clearly laid out. The link below sets it all out clearly for you. Have a read - there are links to the relevant legislation so you can look up anything regarding disabilities. My personal feeling is that there is no reason, from what you have said, that the bailiff would have had cause to believe the vehicle was used for carrying disabled passengers on a regular basis; nor, from what I have read, could you produce anything formal to state this.

Follow up point 1, and read the procedure - as you can see it could end up with you back in court for a Means Enquiry Hearing.

http://www.legalbeagles.info/forums/...s-Courts-Fines

3. I would go to the court and ask for a Means Enquiry Hearing - the link above talks about this, and states you may need to be very persistent, and keep returning day after day.