marstons enforcing unpaid pcn

[jimbo8]

Hi all any advice gratefully received.

 

I have an unpaid pcn being enforced by Marstons,

one of their agents came to my home on Thursday 26th May.

 

 

He is demanding £475 which I cannot pay,

he clamped a car which he saw me driving, that belongs to my house mate.

 

 

The car has been very informally lent to me because I am self employed and my van has broken down.

I need this car for my work so it should be exempt from control.

 

 

I phoned the bailiff on Friday morning to inform him of this,

it is still clamped today,

the bailiff said he might be able to come this Friday to unclamp it.

I get the impression that he is trying to use the clamp in a punative capacity.

 

This visit was the first contact I have had with Marstons as I have not received a notice of enforcement.

The clamp is currently costing me £120 per day as I have no work transport whilst car is clamped.

 

 

The bailiff has stated over the phone he intends to return to take control of another more valuable car

which is at the same address.

This car used to belong to me but I sold it on the 20th May to house mate to clear unpaid rent, so again is not my property.

 

I really don t know how to handle this situation my loss of earnings are more than the agent is demanding and I am now falling behind on other things as I cannot work.

[Bailiff Advice]

 

I have an unpaid pcn being enforced by Marstons, one of their agents came to my home on Thursday 26th May. He is demanding £475 which I cannot pay, he clamped a car which he saw me driving, that belongs to my house mate. The car has been very informaly lent to me because I am self employed and my van has broken down. I need this car for my work so it should be exempt from control.

 

I phoned the bailiff on Friday morning to inform him of this, it is still clamped today, the bailiff said he might be able to come this Friday to unclamp it. I get the impression that he is trying to use the clamp in a punative capacity.

 

This visit was the first contact I have had with Marstons as I have not received a notice of enforcement.

 

The clamp is currently costing me £120 per day as I have no work transport whilst car is clamped. The bailiff has stated over the phone he intends to return to take control of another more valuable car which is at the same address. This car used to belong to me but I sold it on the 20th May to house mate to clear unpaid rent, so again is not my property.

 

I really don t know how to handle this situation my loss of earnings are more than the agent is demanding and I am now falling behind on other things as I cannot work.

 

jimbo

 

I am sorry to give you bad news but the enforcement agent can indeed take control of the vehicle that you 'sold' to your house mate (to clear unpaid rent). The reason why he can take this vehicle is because goods belonging to you, become 'bound' under the terms on the warrant from the date of the Notice of Enforcement. This was put in place to stop debtors selling or transferring their assets to avoid bailiff enforcement.

 

The regulations regarding 'exemption' of vehicles for work /business use is complicated, and in order to understand this better, I provided some guidance notes for the forum. This can be accessed by way of the following link:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?456387-Bailiff-enforcement...Can-a-bailiff-take-my-car-....Is-my-car-exempt-...I-need-my-car-for-work-etc

 

You have said that you have not received the initial notice from Marston Group (the Notice of Enforcement). Before getting to this stage you should have received at least three notices from the local authority (Notice to Owner, Charge Certificate and Order for Recovery). Did you receive any of these notices?

[jimbo8]

Yes I received the first 2 notices from the authorities it is the bailiffs notice of enforcement that I never recieved.

I was having money troubles and was paying off other debts, kind of burried my head in the sand on this particular one. I attempted to pay the debt online midway through last month, before the bailiff even visited but the website would not accept payment.

The car that is currently clamped has never belonged to me but I have been lent it to get to customers houses to work. Do I have any grounds to pursue for loss of earnings as I have not been able to work. I live 8 miles from nearest town and no buses etc.

[Bailiff Advice]

 

The car that is currently clamped has never belonged to me but I have been lent it to get to customers houses to work.

 

Do I have any grounds to pursue for loss of earnings as I have not been able to work. I live 8 miles from nearest town and no buses etc.

 

You will not have grounds to pursue such a claim and in fact, the correct course of action should be for your friend to maka a Part 85 'Interpleader' Application on the basis that HIS vehicle has been wrongly seized.

 

From your post it would seem that the enforcement agent appears willing to attend your premises this week to remove the clamp. Is the vehicle worth very much money? Is it signwritten?

[Peterbard]

Hi

 

I think it unlikely the they will accept you have not received the notice given that you received the rest of the correspondence. Since you were driving the vehicle it would seem reasonable to assume you were either its owner or had some interest, unless you showed some proof to the contrary at the time.

If he has accepted that the car is third party goods he should come back and release the clamp immediately.

 

It is perfectly correct that the other car would have been bound on receipt by the agent of the warrant, and can therefore be seized from the new"owner".

However this does not prevent him putting the car out of the way, so the EA cannot find it and i suggest you tell him to do just that.

 

In the mean time it is important that you address the debt. Look at your income and outgoings and offer them an ammount which you can afford and more importantly maintain.

To assist your request you should include a copy of you income and expenditure.

[silverfox1961]

Thread temporarily closed for 'cleansing' Please bear with me

[silverfox1961]

Cleansing done.

If you wish to continue this 'debate'

http://www.consumeractiongroup.co.uk/forum/showthread.php?465256-Yet-more-off-topic-posts-moved

[Peterbard]

Ta

[luau]

I'm battling with Marstons regarding the fact that i didn't recieve any correspondance from them

prior to their visit (just bumped my thread with an update).

 

 

They have not responded to my written complaints and i've had to escalate to Civea.

 

 

This too was for a pcn.

 

 

It appears they are skipping the stage 1 and going straight to stage 2 for fees.

 

Hope you get it sorted.