Rude Marston bailiff clamped my car and charging excessive fees

[splackaveli]

Hiya,

 

Just joined to share my experience with a Marston bailiff by the name of Mr **EDIT**.

 

He knocks my door at around 8.30am on Friday morning (I was at work at the time) and informs my girlfriend that he has clamped my car, which was on my driveway and will impound the vehicle if necessary.

 

He was demanding an immediate payment of £556.64 for an outstanding parking fine, which I was unaware of.

 

My girlfriend informed him that the car was in a hire purchase agreement and showed him documentation that the agreement was in her name, it is also in my name, but he was unaware of that.

 

And told him she needed the car to take our son to school, as she was just about to leave to drop him off.

 

He said that as the car was registered with the DVLA in my name and the insurance was in my name, so he the clamp was staying until the full amount was paid.

 

My girlfriend closed the garden gate and blocked his path, trapping him in our front garden and said she was not moving, until he agreed to remove the clamp, he tried to push her out of the way a few times, then called the police, who came around and took his side.

 

By the time this was done, it was too late my girlfriend to take my son to school and she was left in tears and distraught for most of the morning.

 

She explained to the police that she needed to use the car to take our son to school, one of the officers told her if she could afford to own our car, she could afford to catch a cab, the officer also told my girlfriend she should get a new boyfriend who does not run up debts and get her car clamped.

 

After all this happened, I called the bailiff and told him I was unaware of the original fine and had no previous contact or visits from Marston whatsoever.

 

He told me the clamp will remain indefinitely, until the £556.64 fine is paid, I told him I did not have that type of money and he told me to ask family and friends if I can put the amount on their credit cards and pay them back.

 

I told him that was not viable and he said fine, the clamp will remain.

 

I came across this case against a Jason Simkin (a Marston Bailiff) and wonder if it is the same person:

 

London Motorists Action Group - Detailed assesment of Marstons Bailiff - National implications

 

If so, it would show history of him ripping of debtors.

 

Anyway, after ringing around I found out the fine was for a previous car I had owned and parked illegally and was caught on CCTV, however I was unaware of the fine and had not been contacted by Marston prior to the visit.

 

I find the charge of £556.64 highly excessive and his attitude and approach shambolic.

 

I intend to take this further and start criminal charges against him, if I can prove he is trying to defraud me by charging excessive charges.

Edited September 21, 2009 by citizenB
Edited out bailiff's name :)

[Guest Old_andrew2018]

In addition to any action you take against the bailiff, you have IMHO a duty (as we all do) to report the actions of the police officer involved, its a sad fact that we allow certain groups such as police officers substantial power only to see them abuse it.

 

Andy

Edited September 21, 2009 by old_andrew2007
spelling

[Guest Thebailiff]

the bailiff acted within the law. if you have an unpaid traffic fine then he can clamp your car. the police were there to see that no laws were broken so they have done nothing wrong. If you feel that you were unaware of this then take it back to court to get set aside. The fact that you just admitted that you refused to let him leave your property means you have just admitted to an offience called kiddnaping. you have detained a person against his will for an undisclosed time. That now makes you the unlawfull party. I dont want to sound harsh, im just pointing out where you stand.

the best option is to pay the money, release the clamp and then take them to court to reimpurse the fee's but that may still take months to complete.

 

like i siad, im not taking the bailiffs side, just pointing the facts of life out to you.

 

cheers

 

thebailiff

[pink_eeyore]

the bailiff acted within the law

thebailiff

 

No he did not - he was given evidence of an HP agreement relating to the vehicle.

 

Upon seeing this evidence he is obliged to immediately remove the clamp.

 

His levy is invalid, therefore so are his fees.

[Guest Old_andrew2018]

Hi pink eeyore, wahat should the OP do now, we should also note that the bailiff also decided to assault the female, nothing but a bully IMHO pity the police did nothing.

I expect we will get a Troll soon to spout a little B.S and misinformation.

Edited September 21, 2009 by old_andrew2007
poor grammer

[pink_eeyore]

As he was unaware he should contact TEC and file an out of time statutory declaration.

 

I do not know the process but am sure tomtubby and others have explained it on here many times so should not be hard to find

[Guest Old_andrew2018]

As you say tomtubby could advise him on the next step, I wonder if bailiff will ever be contained, if we give people power then there should have proper penalties if that power is abused.

[HSBCrusher]

I expect we will soon get a Troll soon to spout a little B.S and misinformation.

and if we do, I am sure he/she will get shot down in flames with good resoned arguments

[splackaveli]

The bailiff also let the air out of my tyre that he clamped, we have spoken to the police and they said they will charge him for criminal damage, as it highly likely that he done it.

[cirian75]

good

[ambershadow]

If you did not know the fine exsisted you must contact the tec and file an out of time stat declaration I had the same this happen to me.. Once this in place the bailiff has to unclamp your car and it also stops al further action untill they come to a decsion.. if it's refused I am under the understanding this goes back to the original fine amount, with no added fees

[splackaveli]

Will pop to a solicitor on Wednesday to swear on the Out Of Time Stat Declaration

 

Thanks for the advice everyone

[spitfire650]

the bailiff acted within the law.

 

Absolutely rubbish - he has no right to keep the clamp on once he was advised the vehicle was subject to a finance agreement.

 

If I were in your shoes, I would borrow an angle grinder and remove the clamp myself later this evening and dispose of it. When he complains respond that you thought he had removed it himself.

[tomtubby]

Hiya,

 

Just joined to share my experience with a Marston bailiff by the name of Mr **EDIT**.

 

He knocks my door at around 8.30am on Friday morning (I was at work at the time) and informs my girlfriend that he has clamped my car, which was on my driveway and will impound the vehicle if necessary.

 

He was demanding an immediate payment of £556.64 for an outstanding parking fine, which I was unaware of.

 

My girlfriend informed him that the car was in a hire purchase agreement and showed him documentation that the agreement was in her name, it is also in my name, but he was unaware of that.

 

And told him she needed the car to take our son to school, as she was just about to leave to drop him off.

 

He said that as the car was registered with the DVLA in my name and the insurance was in my name, so he the clamp was staying until the full amount was paid.

 

My girlfriend closed the garden gate and blocked his path, trapping him in our front garden and said she was not moving, until he agreed to remove the clamp, he tried to push her out of the way a few times, then called the police, who came around and took his side.

 

By the time this was done, it was too late my girlfriend to take my son to school and she was left in tears and distraught for most of the morning.

 

She explained to the police that she needed to use the car to take our son to school, one of the officers told her if she could afford to own our car, she could afford to catch a cab, the officer also told my girlfriend she should get a new boyfriend who does not run up debts and get her car clamped.

 

After all this happened, I called the bailiff and told him I was unaware of the original fine and had no previous contact or visits from Marston whatsoever.

 

He told me the clamp will remain indefinitely, until the £556.64 fine is paid, I told him I did not have that type of money and he told me to ask family and friends if I can put the amount on their credit cards and pay them back.

 

I told him that was not viable and he said fine, the clamp will remain.

 

I came across this case against a Jason Simkin (a Marston Bailiff) and wonder if it is the same person:

 

London Motorists Action Group - Detailed assesment of Marstons Bailiff - National implications

 

If so, it would show history of him ripping of debtors.

 

Anyway, after ringing around I found out the fine was for a previous car I had owned and parked illegally and was caught on CCTV, however I was unaware of the fine and had not been contacted by Marston prior to the visit.

 

I find the charge of £556.64 highly excessive and his attitude and approach shambolic.

 

I intend to take this further and start criminal charges against him, if I can prove he is trying to defraud me by charging excessive charges.

 

.

.

This question is certainly very worrying indeed.

 

In the first instance if you had not received the PCN then the correct route is to file an Out of Time late Statutory Declaration. You should also ring TEC (Traffic Enforcement Centre) on 08457 045 007 and ask them to confirm the address and date of the warrant. (Sadly, we have had TWO cases just today where bailiff's have been found to be enforcing warrants THAT HAVE NOT BEEN AUTHORISED BY TEC !!)

 

If the address is incorrect etc, then an Out of Time can be filed and TEC will provide either the PE2/3 or the TE7/9.

 

Coming back to the question. You have mentioned that you are wondering if the bailiff is the same one as featured in Anthony Culligan's Judgment against Marston Group and Jason Simkin. If the bailiff who clamped your partners vehicle is named as Jason Simkin then UNLESS there are 2 bailiffs wilth identical names working for Marston Group this would be the SAME bailiff and IF SO ....this is very serious.

 

You have read brief extracts of the Judgment. The FULL Judgment is vitally important because District Judge Avent ruled that :

 

 

"I would also add that if the defendants or either of them in light of this Judgment now continue to apply such charges in the manner in which they have done up to now and, specifically charge a fee of £100 for applying an immobilisation device then that would amount to conduct wich may well then found a legitimate complaint becuse in my judgment it would be unlawful"

 

District Judge Avent also confirm that he would allow Marston Group and Jason Simkin to appeal his Judgement. This was because the Judgement would have very serious implications on Marston Group and the enforcement industry because as the Judge stated, they had been charging a fee to clamp a vehicle "for over 15 years".

 

If Marston Group appealed this would mean that the case would have to be transferred to the Court of Appeal and if the Judges agreed with District Judge Avent's ruling this would mean that a precedent would be set and unless the Court of Appeal Judge's ruled therwise, could lead to significant claims being made for refunds.

 

Although Marston Group requested leave to appeal, they then advised the Court that they had sought legal advice and decided that they no longer wished to appeal.

 

Did the bailiff leave a Notice of Seizure of Goods & Inventory (Form 9)?

 

Did he provide a breakdown of fees and charges?

[splackaveli]

The bailiff did not leave a Notice of seizure of Goods & Inventory, just a warning notice stuck on the car to say it had been immobilised.

 

He also did not provide a breakdown of charges, just a Final Notice saying 556.64 was owed.

 

I just rang 0203 334 6355, to check if he is certificated, they person who answered said no, he does not appear to be certificated, he is going to check through the Marston list and get back to us.

[splackaveli]

Just got confirmation he is certificated, so I will also be making a complaint to the certifying court

[tomtubby]

Just got confirmation he is certificated, so I will also be making a complaint to the certifying court

 

It is very important that ANY complaint that you have should first be sent to the relevant bailiff company. The courts do expect that they should have the opportunity to address complaint before using the court system. .

 

If Marston Group fail to address your complaint and a Form 4 Complaint proves necessary, then it is adviseable that you provide a copy of the Judgement referred to above and most importantly refer to District Judge Avent's comment that:

 

"I would also add that if the defendants or either of them in light of this Judgment now continue to apply such charges in the manner in which they have done up to now and, specifically charge a fee of £100 for applying an immobilisation device then that would amount to conduct wich may well then found a legitimate complaint becuse in my judgment it would be unlawful"

[splackaveli]

Thanks Tomtubby, I have already complained to Marstons, I will give them 14 working days, if it is not resolved I will complain to the court and mention the aforementioned case.

 

I hate the idea of having my car left clamped for such a long period of time.

 

Is there a time limit on how long it can be left clamped for?

 

By the way, I just spoke to the TEC, they said the process has changed and you no longer need to do an Out of Time form, the person I spoke to is going to email me all the details and forms

[splackaveli]

Just completed the new forms, you no longer need to get the document sworn at a solicitor's, just have to sign a statement of truth and can email or post it to the TEC.

[dawnwb]

Hi, Thanks for reading my post about marston group. I also today sent my statutory decleration via email to TEC and ive emailed it to Marston Head office. Ive been texting my bailiff Mr Reid and have now asked 3 times for his certificate number and court it was issued but Mr Ried has become very quite;)

On saturday Morning i sent a letter of complaint to Marston and sent a copy of the whole court judgment Culligan V Simpkin- Marston Group. I highlighted sections 49/50 where the judge talks about leaving a gap from one visit to the next giving the person time to pay before he starts to charge for removal of goods. Marstons are trying to charge me £240 for pushing a notice of removal through my door and as Tomtubby pointed out to me this morning, anyone could have pushed that through my letter box. Apparently some firms employ people to do just that, they are not even bailiffs!

The last thing I heard from Mr Reid was on Friday morning when he texted me saying he will be turning up on Tuesday (tomorrow) if i didnt pay in full.

I intend to fight this ALL THE WAY!

I will keep you posted:D

 

I would like to thank Tomtubby for all her help this morning:)

Edited September 21, 2009 by HSBCrusher
edited link

[Guest Thebailiff]

About the finance agreement guys. it means nothing. All it is is a piece of paper. the bailiff can keep your car clamped while he checks with the finance company to see if it is on finance(this can take a number of days). the finace company will tell him yes or no and will also tell him if he can sell the car. i removed one the other day that was on finance. the finace company aggreed to the removal as long as they were paid what they were owed out of the proceeds of the sale. (it will only happen this way if the amount the car will fetch at auction will exceed what is owed to the finance company) and also will only usually happen if you have been had a poor history with the finance company.

 

With regards to the bailiff letting the tyre down, how did he let it down? if he punctured the tyre then yes it is criminal damage but not if he let it down via the valve. if he let it down so far that the rim crushed the rubber then again, that would be criminal damage but proving it is the problem.

 

as i said before, i am trying to help here(although it may not sound like it)

[ambershadow]

About the finance agreement guys. it means nothing. All it is is a piece of paper. the bailiff can keep your car clamped while he checks with the finance company to see if it is on finance(this can take a number of days). the finace company will tell him yes or no and will also tell him if he can sell the car. i removed one the other day that was on finance. the finace company aggreed to the removal as long as they were paid what they were owed out of the proceeds of the sale. (it will only happen this way if the amount the car will fetch at auction will exceed what is owed to the finance company) and also will only usually happen if you have been had a poor history with the finance company.

 

With regards to the bailiff letting the tyre down, how did he let it down? if he punctured the tyre then yes it is criminal damage but not if he let it down via the valve. if he let it down so far that the rim crushed the rubber then again, that would be criminal damage but proving it is the problem.

 

as i said before, i am trying to help here(although it may not sound like it)

 

Your point being what exactly?

 

Tom tubby has said in many threads hire purchased cars are a nono for Bailiffs and she is the expert................

 

As for it can be clamped for as long as you see fit???/ MMM I beg to differ there because the law states you have to give reasonable time BEFORE clamping to be allowed to pay.. aND IF THE PERSON DIDN'T HAVE ANY NOTICE in the first place well ...How are they to get notice because your lot don't beleive anything the Client has to say...

 

 

Sorry But I speak from experience.. I was never given the chance to pay or did I get any correspondence of the matter for 3 year's after the fact, so how was I to really know if it was my offence

 

All I got was aload of abuse and told to get the money

[spitfire650]

I wouldn't take too much notice of what "TheBailiff" has to say - just read some of his other posts and you will quickly realise he should not be taken seriously.

[HSBCrusher]

as i said before, i am trying to help here(although it may not sound like it)

[ambershadow]

I wouldn't take too much notice of what "TheBailiff" has to say - just read some of his other posts and you will quickly realise he should not be taken seriously.

 

 

Oh I don't take anything for granted here from people that happen to be bailiffs I have seen to many people suffer at their hands and they think it's funny to charge outrageous fee's and think they can get away with it.. then bully you to pay mre than you can afford.. If you could afford it you wouldn't be in the mess in the first place and some people don't even know they have any pcn's

 

They make me sick to think they can do this and get away with it and the police to side with them...because they don't know the laws perhaps the police should update their training to civil too then the bailiffs would be out of a job sooner rather than later .....

 

 

Some poor people are made ill because of this its not right

 

God I am mad can you tell?

 

Id' like to string em all up for the clients to sort out