Marston writing to simultaneously at 2 addresses

[Bert bert]

Hi, bit of a strange one. I work in London most of the time, people who drive my van sometimes forget to pay the odd congestion charge which has once once or twice ended up in the hands of marstons. I'm familiar with the stat dec and out of time forms and have been successful on more than one occasion.
moved home a few months back,in between me changing over paperwork for van marstons wrote to me at old address to which they obviously got no response. All my council tax and electoral role is up to date and it wasn't long before I got letter from marstons at new address. I emailed them and said I would call and pay them as soon as I got the chance. They emailed back and said that's fine be aware we have more than one on our system which they would discuss when I called. They sent all the relevant letters to my new address and I called them. Paid the first one , and set up payment for the rest which is all up to date and no problems.
Two weeks ago they clamped my van, I called them up and they said no bailiff assigned to my case. I said well can you phone him and talk to him, which they did. They called me back and said they had been writing to me at the wrong address and there was nothing they could do about it.
Basically, they have my address and good contact from me and all payments are up to date. They have been writing to my old address for the same vehicle at the same time as writing to me at my new address for the same vehicle again. I know this is wrong but what's the best way of going about it? They haven't sent me anything to the new address regarding the pcn that the van was clamped for. Even the bailiff was scratching his head and said it wasn't right but he couldn't really help me. Thanks in advance

[bluebottle]

Re: Marston writing to simultaneously at 2 addresses

Marstons are going to have to remove the clamp pretty damn quick. Unless they can show they have lawful reason to clamp your van, I would say clamping it would amount to Wrongful Interference With Goods and Unlawful Detention of Goods which are both civil torts and could land them and the creditor with a bill for compensation and costs that could outstrip any debt and lawful bailiff fees. If it is causing you loss of earnings, Marstons have a duty to mitigate any losses you are suffering as a result of their mistake by removing it.

I am going to provide you with the email address of Marstons' CEO. Ask him to get this sorted tomorrow if possible.

gareth.hughes@marstongroup.co.uk

[bizzybob]

Re: Marston writing to simultaneously at 2 addresses

For clarity would this be one circumstance where the "victim" could lawfully remove the clamp, undamaged if possible if Marstons refuse to remove it, or demand the debt is paid a second time at the new address?

I do feel that the Marstons CEO, will sort this out when he knows the circumstances.