Marstons clamped my van today help/advice needed

[bizzybob]

Re: Marstons clamped my van today help/advice needed

They have used a clamp as they think it will make OP go to Wonga or a loan shark or wherever to get the cash I am sure they thought this was his main vehicle when they clamped it to pressure and bully. If Op has a lease van, then they could not clamp that, however if the use clamped vehicle was a condition of employment, and they could not work as a result a courier without a van is out of work and down the jobcentre, Marstons would have cut their own throat

[Milo]

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.

The court gave you the correct advice to appeal and this would have meant that the fine would have been "rewound" with a new summons being issued. You say that you had written back but that the court had refused to consider the appeal given that you were apparently "too late". The FSN is of vital importance because if you fail to appeal within the strict time limit then a Distress Warrant will be issued.

I would suggest that you call the court to advise them that they will be aware that you had contacted the court to inform them that you had not received the summons as you had moved and that you would like permission to file a Statutory Declaration. Be prepared for them to refuse because legally such an application should only be made within 21 days of becoming aware of the fine.

Stress to the court that as you had not received a summons you have been deprived of the opportunity to enter a plea or to complete the Means Enquiry Form.

[Sir Vere Brayne d'Emmidge]

Re: Marstons clamped my van today help/advice needed

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. Did you receive the summons, did you send the driving licence to Court to be endorsed with 3 penalty points?

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. Did you read the letter in full? At the bottom of it there should be a warning that if not paid in full within a certain time you would incurr additional charges, minimum £215?

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 Did the agent explaint to you that by not paying as advised they would have sent out an Enforcement Agent?

But today van was clamped, before any notice to me of there actions today (the letter from Marston told you that further enforcement would have taken place) not aware of clamping order (your van was clamped on the strength of the Distress Warrant, which is one step more serious than a 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?) (it is good practice to try and resolve a Distress Warrant within 180 of receiving it, but the actual life of the warrant with the bailiff is 1 year and one day, extensions can be applied for and generally granted, but once a warrant has been issued is valid until it's satisfied) . 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. This is where the muppet from Marston is going wrong, once levy has been made, and goods removed, they can not come back for more if the first levy was insufficient.

Any advice would be greatly received.

Bit more in depth to try and help you out and help the top dogs on this forum give you the best possible advice.

But if you knew all along of the issue at hand, from the day that you received the letter from the Chief Constable of the jurisdiction where the speeding offence was committed and failed to respond, then you are backed into a corner that only money can buy a way out.

[Sir Vere Brayne d'Emmidge]

Re: Marstons clamped my van today help/advice needed

They have used a clamp as they think it will make OP go to Wonga or a loan shark or wherever to get the cash I am sure they thought this was his main vehicle when they clamped it to pressure and bully. If Op has a lease van, then they could not clamp that, however if the use clamped vehicle was a condition of employment, and they could not work as a result a courier without a van is out of work and down the jobcentre, Marstons would have cut their own throat

If the van has no livery they could have done, but would have had to release it as sonn as it was found that it was a tool of the trade, where the OP would have produced a Certicate of insurance or an insurance schedule where it was positively clear that the vehicle was used for reward, with a proper commercial policy in place and a goods in transit policy as well.

I know a few "couriers" that have none of these in place (because they cost money) and when they claim "tool of the trade" have been worse off after further investigations have taken place.

[bluebottle]

Re: Marstons clamped my van today help/advice needed

If the van has no livery they could have done, but would have had to release it as sonn as it was found that it was a tool of the trade, where the OP would have produced a Certicate of insurance or an insurance schedule where it was positively clear that the vehicle was used for reward, with a proper commercial policy in place and a goods in transit policy as well.

I know a few "couriers" that have none of these in place (because they cost money) and when they claim "tool of the trade" have been worse off after further investigations have taken place.

There is a type of motor insurance known as Class 1. This enables an insured person to use a motor vehicle, usually, a car, but can also include a van or light commercial vehicle up to 3500 kgs GVW, in connection with their employment or business. I had such a policy when I was working for my local Community Transport Service as a volunteer driver. If the OP has such a policy on the van, it would be interesting to see how the bailiff justifies his or her actions.

[bizzybob]

Re: Marstons clamped my van today help/advice needed

There is a type of motor insurance known as Class 1. This enables an insured person to use a motor vehicle, usually, a car, but can also include a van or light commercial vehicle up to 3500 kgs GVW, in connection with their employment or business. I had such a policy when I was working for my local Community Transport Service as a volunteer driver. If the OP has such a policy on the van, it would be interesting to see how the bailiff justifies his or her actions.

In this day and age with work patterns increasingly being in unsocial hours over a fair distance that may mean 3 or 4 different buses for the trip, where public transport is not an option, it is becoming more difficult to justify a vehicle being taken if the debtor cannot use public transport, as to a courier, then no van means no job, JSA or benefits and the baliiff is screwed as they just created another vulnerable debtor, for which their own action has made their involvement inappropriate.

Addendum, I would like to see what would happen if a council official was visiting a debtor, and a bailiff from the council turned up and seized the council officials car thinking it belonged to the debtor. Wonder what would happen if the council person decked the bailiff, would police prosecute or laugh?.

[des8]

Re: Marstons clamped my van today help/advice needed

Be careful.. business use class 1 only covers travel to multiple work sites, besides commuting.
If you are using vehicle for delivery or as a taxi you require commercial use insurance.
Questionable if you were covered bluebottle:grin:

[bluebottle]

Re: Marstons clamped my van today help/advice needed

Be careful.. business use class 1 only covers travel to multiple work sites, besides commuting.
If you are using vehicle for delivery or as a taxi you require commercial use insurance.
Questionable if you were covered bluebottle:grin:

Checked with my insurer at the time and they confirmed Class 1 appropriate for voluntary driving use. If it had been Hire and Reward, then, yes, you are correct, Commercial Use would be the appropriate policy.

[bluebottle]

Re: Marstons clamped my van today help/advice needed

In this day and age with work patterns increasingly being in unsocial hours over a fair distance that may mean 3 or 4 different buses for the trip, where public transport is not an option, it is becoming more difficult to justify a vehicle being taken if the debtor cannot use public transport, as to a courier, then no van means no job, JSA or benefits and the baliiff is screwed as they just created another vulnerable debtor, for which their own action has made their involvement inappropriate. If it was for a court fine, I doubt HMCTS would be very happy bunnies with the bailiff or their employer. Condition 2 on MC DWs makes it clear bailiffs must not take any vehicle used in connection with the defendant's employment, business or vocation. If it was for a de-criminalised PCN, CT or NNDR arrears, I doubt a local authority would be too happy at receiving a solicitor's letter demanding the return of a vehicle that a bailiff had seized in contravention of the law.

Addendum, I would like to see what would happen if a council official was visiting a debtor, and a bailiff from the council turned up and seized the council officials car thinking it belonged to the debtor. Wonder what would happen if the council person decked the bailiff, would police prosecute or laugh?.I doubt the bailiff would get very far if they tried to lodge a complaint of assault with the police. In R -v- Tucker [2012], it was held on appeal that reasonable force can be used against a certificated bailiff who has illegally/unlawfully forced entry to a debtor's home in order to effect their removal. If a bailiff tried to remove a council-owned vehicle, the council official would be entitled to use as much reasonable force as necessary to prevent the bailiff doing so. An individual has the right to use reasonable force to protect their person or property, including that of others. It would certainly put a different slant on the tv programme title Beat The Bailiff.

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[des8]

Re: Marstons clamped my van today help/advice needed

Checked with my insurer at the time and they confirmed Class 1 appropriate for voluntary driving use. If it had been Hire and Reward, then, yes, you are correct, Commercial Use would be the appropriate policy.

Although most insurers cover volunteer driving without additional charge, not all do so automatically. Some require notification, and on assessing the risk may charge. Pleased to see you acted responsibly as one would expect by checking but others reading this thread should be aware of different approaches by different insurers.

[bizzybob]

Re: Marstons clamped my van today help/advice needed

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All we need is R v Tucker to become confirmed in the high court, and it will castrate the bailiffs somewhat.

[CHUNKY007]

Re: Marstons clamped my van today help/advice needed

Hi , thank you all for your great advice in the end i managed to pay the fine and there costs,

i still have one question on the costs as follows

£585 was made up of £500 + £85 costs and the a visit fee of £215 was added to this giving £800

are the charges correct

alan

[CHUNKY007]

Re: Marstons clamped my van today help/advice needed

Silly question now , how do i give thanks to the people that gave me advice

[bizzybob]

Re: Marstons clamped my van today help/advice needed

Silly question now , how do i give thanks to the people that gave me advice

You just have why not stick around to help others with what you learned.

[labman]

Re: Marstons clamped my van today help/advice needed

Hi , thank you all for your great advice in the end i managed to pay the fine and there costs,

i still have one question on the costs as follows

£585 was made up of £500 + £85 costs and the a visit fee of £215 was added to this giving £800

are the charges correct?

alan

Legal Beagles and other sites (such as CAG) would say yes. Others would say no.