Marstons clamped my van today help/advice needed

[CHUNKY007]

Received a visit today from Marstons who clamped my van, I have an outstanding fine for £785 (700 fine + 85 costs) this was an SP30 fine and failing to supply driver details.

They wanted me to pay a third of the outstanding fine and then a limited time to pay the balance, told them I could not do this, spoke to a different service rep then who wanted me to pay £250 and then would agree timescale for the balance. Again told him could not afford to do this.

I made an automated payment of £100 in August and another automated payment of £100 on the 4th of September, and was going to make another payment at the weekend.

But today van was clamped, before any notice to me of there actions today, not aware of clamping order and told it went to court in august 2012 for the distress warrant ( have I read on here must be actioned within 180 days?). Only paperwork left was the removal notice and a nice red sticker on the van window.

The outstanding balance today is £800 (£585 + costs £215)

I have offered to pay £400 Thursday the 26th and the remaining £400 within a month, flatly refused this offer, put tow away put on hold until 10am Friday the 27th September 2013.

The van will not meet the outstanding debt at auction, and I was told that he will return and if necessary force entry with a locksmith and the police.

Any advice would be greatly received.

[labman]

Re: Marstons clamped my van today help/advice needed

Hi,

Firstly have a read of this so you know the process:

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

Did you actually attend the court hearing? If so, you should have had a Means Enquiry Hearing which would have set repayments at an affordable level - it makes me think you probably didn't go to court. If this is the case, you need to write to the Fines Officer at the court and copy the letter to the Enforcement Officer at the court asking for a Means Enquiry Hearing, and asking if they will suspend bailiff action while this takes place - they are under no obligation to agree to this, but you should ask.

Re your van - is it just used as a car or is it a tool of your business? If it is the latter, what do you actually do?

Did you receive a Further Steps Notice from the court saying bailiffs were going to be instructed if you didn't pay, or were letters ignored?

You need to find out the original court date - you must have a reference to it somewhere, or just phone the court and ask. Apparently the 180 days is good practice, but the distress warrant is granted for one year, and they can apply for this to be extended. You should check if this has actually happened.

The chances of you getting a repayment are, sadly, slim as you have had plenty of time to sort something out, but from their point of view have done nothing.

Answers to the above would be good. :beagle:

[CHUNKY007]

Re: Marstons clamped my van today help/advice needed

hi no I did not go to court, this as been going on for a while, I was never aware that it went to court we moved house and at one point the redirection service lapsed for 3 weeks and I believe the letters were retuned or lost in this period. When I got the further steps notice I called the court and was told that I could appeal the fine, I duly wrote to the court asking for this, this was refused as too late.

As a background to my problems, my wife as been ill with depression for 4 years following the death of her mum, and then in November of last year a simple operation went badly wrong with my wife having major surgery and in and out of hospital from 22nd November till the day after boxing day, I have forgot rather than ignored letters due to concerns about my wife.

my real issue is that I can pay £400 on thursday leaving £400 outstanding which I can settle in 4 weeks at the latest, which they flatly refused


I am a courier, this van has a gearbox problem and would be a backup.


you mention repayment?, I just want to pay the £800 and settle the fine, the ironic part is for years I have done the minimum with our debts possible, in the last 3 weeks we have settled two water company ccj's and had started paying this down with £200 paid of it over the last five weeks.


I cant pay in full by there Friday deadline, how would I stand if I paid the outstanding £585 on there automated payment line?

[labman]

Re: Marstons clamped my van today help/advice needed

It seems odd to me that if he is determined to enforce, he has put a hold until the 27th - the day after you pay the next lot of money. Is he waiting to see if you honour your word before giving another hold on things, or does he know the current levy is insufficient to cover things, but if he gets your payment on the 26th and then takes the van, it will cover the fine and fees - would it?

I can see where the £585 comes from (£200 off the original £785 fine). The costs I'm struggling with as there were £85 court costs which would have to be paid now. You state there's £215 costs now though, which would be £85 court costs + £130 bailiff charges. This is an odd amount.

Paying the court fine off at the court would certainly help - ensure you get a receipt to say the balance of the fine is zero. However, it does NOT stop bailiff action for their legitimate costs.

[CHUNKY007]

Re: Marstons clamped my van today help/advice needed

hi the original fine was 700 + 85 costs =785 , I have paid the 200 pound bringing down to 585

now 585 + 215 costs = 800 (does this help)

The van is an 02 plate, with a gearbox issue, and as such when I pay on Thursday I feel that if you add tow charges etc it will still struggle to clear the remainder and costs.

can you throw any light on the clamping order and the distress warrant before I ring the court this morning on timings etc told me I should have gone to court in August 12 but I certainly did not know about this and received no letters about this

[bluebottle]

Re: Marstons clamped my van today help/advice needed

You may be better off contacting the HMCTS Regional Enforcement Team for your area about the behaviour of this bailiff. Marstons aren't exactly HMCTS's favourite bailiff company, if the reaction from court staff is anything to go by. Which court imposed the fine as this will determine the Regional Enforcement Team you need to contact. This will need to be done today.

[labman]

Re: Marstons clamped my van today help/advice needed

hi the original fine was 700 + 85 costs =785 , I have paid the 200 pound bringing down to 585

now 585 + 215 costs = 800 (does this help)

The van is an 02 plate, with a gearbox issue, and as such when I pay on Thursday I feel that if you add tow charges etc it will still struggle to clear the remainder and costs.

can you throw any light on the clamping order and the distress warrant before I ring the court this morning on timings etc told me I should have gone to court in August 12 but I certainly did not know about this and received no letters about this

Hi Chunky,

I get that! The bit which is odd to me is the amount of bailiff fees being charged. £130 is an odd amount. :beagle:

[CHUNKY007]

Re: Marstons clamped my van today help/advice needed

Hi labman, getting confused costs applied were £215 to the 585 giving 800, whats the 130 part

[labman]

Re: Marstons clamped my van today help/advice needed

Total Costs = £215

Court Costs = £85

Bailiff Costs = £130

Hope that makes sense. :beagle:

[bluebottle]

Re: Marstons clamped my van today help/advice needed

Please be aware that HMCTS have strict criteria all of their contracted private-sector bailiff companies must follow as regards seizures of fine defaulters' goods.

Albeit that there is a gearbox problem with the van, is it normally used, by you, in connection with your employment, business or vocation? If this is the case, any actual or attempted seizure would be contrary to the conditions of the Distress Warrant, which clearly states that the bailiff may not take any vehicle used by the defendant/fines defaulter in connection with their employment, business or vocation. Marston bailiffs have a habit of telling people this doesn't make any difference, but when Marstons have been challenged about this in the past, fees have suddenly disappeared and vehicles have been returned/unclamped.

As stated previously, contacting the HMCTS Regional Enforcement Team for the area in which the court that imposed the fine is located is something that should be done in order to sort out this matter.

[labman]

Re: Marstons clamped my van today help/advice needed

Chunky - I asked in post 2 what exactly you do for a job, as this would determine whether the van is a tool of the trade or not. If you could answer the question, it would be really helpful. :beagle:

[Galahad]

Re: Marstons clamped my van today help/advice needed

Chunky - I asked in post 2 what exactly you do for a job, as this would determine whether the van is a tool of the trade or not. If you could answer the question, it would be really helpful. :beagle:

He said 'courier'

[labman]

Re: Marstons clamped my van today help/advice needed

Yep he did - I remember now I read it. Very hard to argue the vehicle is not essential for the work then, so definitely a tool of the trade, and should not have been levied.

[ploddertom]

Re: Marstons clamped my van today help/advice needed

Albeit that there is a gearbox problem with the van, is it normally used, by you, in connection with your employment, business or vocation? If this is the case, any actual or attempted seizure would be contrary to the conditions of the Distress Warrant, which clearly states that the bailiff may not take any vehicle used by the defendant/fines defaulter in connection with their employment, business or vocation. Marston bailiffs have a habit of telling people this doesn't make any difference, but when Marstons have been challenged about this in the past, fees have suddenly disappeared and vehicles have been returned/unclamped.

Unfortunately OP can only drive 1 vehicle at a time.

[Sir Vere Brayne d'Emmidge]

Re: Marstons clamped my van today help/advice needed

Unfortunately OP can only drive 1 vehicle at a time.

Chunky 007 states: I am a courier, this van has a gearbox problem and would be a backup. Unfortunately ploddertom is right, this van being a backup can be levied upon.

But it will not be towed away, unless it is part of a larger levy.

The reason I am saying this is because with a warrant worth £800 the cost of removing the van, storage and auctioneer fees will probably exceed the van value.

Before a vehicle is removed most bailiffs want the vehicle to have a value of at least £1,000 above minimum projected sale price plus costs.

There is no way that an 02 plate van, Even something the size of the biggest Mercedes, is worth at the lower end of the scale £2,100.00