Marston help!

[Help2014]

Hi, not sure if anyone can advise long story but here goes:


Husband forgot to pay original london congestion charge notice we forgot to pay the £8 on the day, London congestion charge sent letters but for some reason we never received. we only got 1 letter just before christmas and was told to wait till next step to appeal, so wait then come feb 2014 we received letter from Marston saying they were to come a seizue vehicle, we explained we had not received the letter to explain next step so they advised we go back to Congestion charge.


So on 21st Feb i filed a PE2 & PE3 however never heard anything back. Until this morning Marston was on door step clamped husbands van and were going to tow if we did not pay £ 565. so we said he had not got the money and also were waiting on the courts to sort PE2 & PE3 forms, so i spoke with the traffic enforcement and they said they have not received documents turns out predictive text on pc had changed email address from TEC to TED. so i never atually sent it properly hands up my fault.


So i have re sent it this morning and they have sent an acknowledgement and they have till 4pm today to put a hold on this claim.


however Marston were not going to wait they ended up calling the police as husband got a little angry (Emotions are runing high as we lost his nan on saturday and we are grieving, which i did explain to the gentleman but he had nothing to say)


and they called the recovery vehicle to tow van away. police arrive and try to make arrangements, total now due is £799 as tow truck on way and their fees added on top. Polcie suggest £400 today and £400 next month which i will wait appeal on the claim. However Marston want full payment or they taking van, so we ended up paying just under £800 by debit card. just so that his van did not get towed away and husband can still work, as can take 28 days for appeal to go through.


So now my question is once the appeal is gone through are we entiled to get our money back and how?
and should they have enforced this today knowing we have an embrevement?


To add fees are these correct?? read something about 28% of Orignal PCN?


Penalty inc court fees: £215.44
Bailiffs attendence: £116.58
Attendence to remove/removal costs: £175
Vat on bailiffs: £60.32


Total: £565.34


Then another £233 odd for removal truck, which never atually got towed away.??


so paid £799.



thank you for reading x

[Sir Vere Brayne d'Emmidge]

Re: Marston help!

It looks to me that you have been charged for two visits by the bailiff.

Prior to their arrival on the day that the tow truck was called did they leave you a letter remind you (your husband) that there is a warrant of execution that needs to be satisfied?

With Transport for London a tow truck charge will be added to the bill even if no removal happened, as long as the tow truck attends or is on the way, which Marston have to prove to TFL via a contractor's invoice.

[Milo]

Re: Marston help!

There appears to be something not only with the fees charged but as to why you had not been receiving documents. Have you checked with TfL for confirmation of the precise address that they have for you?

You should have received a Notice to Owner, Charge Certificate and Order for Recovery. If you not received all of these notices it is usually because of an error in your 'address field'.

This is vitally important to find this. I am sorry to also say that from what you have said above it is NOT likely that your OTT will be accepted as you do not appear to have provided a REASON as to why you had not received notices from CC London.

Also from the breakdown of fees provided it would seem that Marston's have charged for 2 visits. Have you checked whether this was the case?

Lastly, I am not pleased to see another case of an 'aborted van fee'. Bailiff companies have been charging this for such a long time and it is WRONG.

The new regulations that take effect on 6th April will at least remove this in future.