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Marstons £500 offering goodwill payment, They took my car illegally then lied about it
screwmarstons
post Fri, 26 Jun 2020 - 18:53
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My car was illegally taken by Marstons on behalf of TFL.

I emailed TFL twice before any issues but didn't receive any replies.

A few months later a friend called me saying your car is on the back of a truck, outside his house. I ran around and this is where it started.

I received the bodycam footage from Marstons which shows the EA refusing to ID himself and being very aggressive.

They edited the footage down and used this as the reason (see attached) which was an excuse because they cut the first part where he shouted at me from his car. When I got there he was on the phone to the police so I believe he also lied to them etc.

They told me 3 separate things regarding the footage:
1: You can only see footage that contains yourself
2: The EA doesn't have to film when in his van
3: The EA only has to record when he's actively pursuing a warrent.

^^ All 3 are to protect them from whats in the footage, but it's fine because what I have is enough to see how aggressive he behaved ^^

I complained via RESOLVER and they lied on record, telling me what happened in the footage didn't happen.

In case no one reads this I'll stop now but they continued to lie and I'm still dealing with it now.

They called me being really polite and sorry on the phone, plus offering me £250 but when I asked for the phone recording; the lies started again.

I refused this, they lied more and tried to force me into taking the £250.

They've now offered £500 which is still no way near enough.

I've spent days & weeks worth of time dealing with this.

Any help is much appreciated!!
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post Fri, 26 Jun 2020 - 18:53
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Incandescent
post Fri, 26 Jun 2020 - 20:13
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I am not at all certain what help you want from us, or even whether we can help at all. This forum is for council (and TfL) PCNs and the appeal process. Clearly with Marstons taking your car, you are well beyond the PCN process and into the debt recovery stage. You have told us nothing at all as to why Marstons might have seized your car. Is it even about a Penalty Charge Notice ?

You might be better contacting: -
www.bailiffadviceonline.co.uk
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cp8759
post Sat, 27 Jun 2020 - 12:01
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There are two issues here: firstly the PCN, which would appear to have reached the Order for Recovery stage if the bailiffs got involved. That needs to be dealt with by means of an out of time witness statement or statutory declaration, depending on the type of PCN.

The second issue is the allegedly illegal conduct of the bailiffs, but I have no idea what they're meant to have done that is illegal. Obviously if they're offering you £500 compensation they must accept they did something wrong, but what?

To clarify, if TFL gave them a warrant to enforce, the fact that the paperwork TFL sent you might have gone missing in the post does not mean that the bailiff did anything illegal. If we can work out what they did wrong and why, we might be able to advice on the best course of action.

Also, what happened to the car? did they take it away? did they sell it? did you get it back? If so, did you have to pay to get it back?

You also need to be very careful about accusing them of lying, it's far more likely that whoever wrote to you didn't have all the facts and just made assumptions to fill in the blanks.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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screwmarstons
post Mon, 29 Jun 2020 - 13:44
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I had a similar response on another forum - unhelpful attitude.

"You also need to be very careful about accusing them of lying, it's far more likely that whoever wrote to you didn't have all the facts and just made assumptions to fill in the blanks."

I know what I'm doing and I know the story more than you, obviously so I'm good with my accusations thanks.

I'm saying, ahh there's no point in continuing.

Thanks for the help

My car was outside my house. The man who took it didn't notify the house or post anything through the letterbox.

When I ran round to find my car on the back of the truck, he refused to ID himself, shouted at me and was aggressive.

If he would've followed the procedure I could have shown him my proof of contact and no reply etc. - I wouldn't have let him take my car because it was unwarranted but he was too aggressive and unprofessional that I didn't get a chance to do that.

Marstsons have agreed from the video footage that he was highly unprofessional and didn't follow ANY of the guidelines.

Since then though, Marstons themselves have done lots of sly things to cover themselves.

Also, because TFL are upset with me, when I asked them an open question on https://www.whatdotheyknow.com/ they shared my personal info on a public forum and was warned and told off by the site owners for a breach of info or something.

They added my full address and name and details of the case - when the question I asked and name I have on the site didn't have ANY of my personal info involved.

All of this plus even more - I need a lawyer or someone.

The way they've treated me, if I wasn't strong or okay with this sort of stuff, it could've spiralled me into a deep depression - I don't think they should take my car without notifying me, then lie about it, have their unprofessional EA shout and me, refuse to ID himself and take my car.

Then have me sending 100s of emails, doing days/weeks or research to prove to them they did wrong. Which they didn't want to admit via email, they did it on the phone then pretended to not know I asked for the phone recordings.

It's very stressful and I come onto these forums which are meant to be supportive and for us by us. I thought you'd be happy I'm fighting back.

QUOTE (Incandescent @ Fri, 26 Jun 2020 - 21:13) *
I am not at all certain what help you want from us, or even whether we can help at all. This forum is for council (and TfL) PCNs and the appeal process. Clearly with Marstons taking your car, you are well beyond the PCN process and into the debt recovery stage. You have told us nothing at all as to why Marstons might have seized your car. Is it even about a Penalty Charge Notice ?

You might be better contacting: -
www.bailiffadviceonline.co.uk


I understand what you mean, maybe I need a claims or lawyer or suing government forum, god help me on finding one of them! lol

QUOTE (cp8759 @ Sat, 27 Jun 2020 - 13:01) *
There are two issues here: firstly the PCN, which would appear to have reached the Order for Recovery stage if the bailiffs got involved. That needs to be dealt with by means of an out of time witness statement or statutory declaration, depending on the type of PCN.

The second issue is the allegedly illegal conduct of the bailiffs, but I have no idea what they're meant to have done that is illegal. Obviously if they're offering you £500 compensation they must accept they did something wrong, but what?

To clarify, if TFL gave them a warrant to enforce, the fact that the paperwork TFL sent you might have gone missing in the post does not mean that the bailiff did anything illegal. If we can work out what they did wrong and why, we might be able to advice on the best course of action.

Also, what happened to the car? did they take it away? did they sell it? did you get it back? If so, did you have to pay to get it back?

You also need to be very careful about accusing them of lying, it's far more likely that whoever wrote to you didn't have all the facts and just made assumptions to fill in the blanks.


They took it away, I paid £800 to get it back whilst fighting it.

TFL were wrong in giving them the warrant because I contacted them with PROOF of receipt. They're saying they refuse to send letters via recorded delivery - which I say is wrong in 2020. They also refuse to let you speak with them online, you have to call up.

I'vr successfully fought them over congestion charge fines when they make it very hard to check if you've actually gone into congestion.

Regarding lying, they told me multiple times, the reason they didn't post a notification through my door was because it was found with a AMPR finding car and flagged up randomly, but I live in a dead end. I told the woman loads of times she was wrong then they finally admitted it was coming to my address - which is another lie on top of all the others.
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Neil B
post Mon, 29 Jun 2020 - 14:41
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QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
I had a similar response on another forum - unhelpful attitude.

I know the story more than you,

It's very stressful and I come onto these forums which are meant to be supportive and for us by us. I thought you'd be happy I'm fighting back.

QUOTE (Incandescent @ Fri, 26 Jun 2020 - 21:13) *
I am not at all certain what help you want from us, or even whether we can help at all. This forum is for council (and TfL) PCNs and the appeal process. Clearly with Marstons taking your car, you are well beyond the PCN process and into the debt recovery stage. You have told us nothing at all as to why Marstons might have seized your car. Is it even about a Penalty Charge Notice ?



Yes, you know the story but you haven't shared it with us. You have to engage on our terms: where did this all start? As asked, a PCN? And what went wrong for this to reach recovery stage.

QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
TFL were wrong in giving them the warrant because I contacted them with PROOF of receipt.

Receipt of what?

QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
They're saying they refuse to send letters via recorded delivery - which I say is wrong in 2020. They also refuse to let you speak with them online, you have to call up.

The law says you are wrong.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Mon, 29 Jun 2020 - 15:01
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QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
I paid £800

That figure doesn't make sense? Is there a breakdown of fees?


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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mickR
post Mon, 29 Jun 2020 - 19:01
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QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
I had a similar response on another forum - unhelpful attitude.

Maybe they needed more info before they could be "helpful" and taking attitude with knowledgeable members isnt a good start in accessing assistance.
QUOTE
I know what I'm doing and I know the story more than you, obviously so I'm good with my accusations thanks.

I'm saying, ahh there's no point in continuing.

Thanks for the help

Maybe if we knew more of the story as well....

QUOTE
Also, because TFL are upset with me, when I asked them an open question on https://www.whatdotheyknow.com/ they shared my personal info on a public forum and was warned and told off by the site owners for a breach of info or something.

They added my full address and name and details of the case - when the question I asked and name I have on the site didn't have ANY of my personal info involved.

Have you complined to their data controller? Or the ICO?

QUOTE
It's very stressful and I come onto these forums which are meant to be supportive and for us by us.

They are... if we have enough info and the full story!

QUOTE (Incandescent @ Fri, 26 Jun 2020 - 21:13) *
I am not at all certain what help you want from us, or even whether we can help at all. This forum is for council (and TfL) PCNs and the appeal process. Clearly with Marstons taking your car, you are well beyond the PCN process and into the debt recovery stage. You have told us nothing at all as to why Marstons might have seized your car. Is it even about a Penalty Charge Notice

@incandescent Absolutely. And your ref of "baliffsonline.co.uk" was a good call.

This post has been edited by mickR: Mon, 29 Jun 2020 - 19:19
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jimsecurity
post Tue, 30 Jun 2020 - 04:41
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I believe I can help and speak from experience.


QUOTE (screwmarstons @ Fri, 26 Jun 2020 - 19:53) *
My car was illegally taken by Marstons on behalf of TFL.

I emailed TFL twice before any issues but didn't receive any replies.

A few months later a friend called me saying your car is on the back of a truck, outside his house. I ran around and this is where it started.

I received the bodycam footage from Marstons which shows the EA refusing to ID himself and being very aggressive.

They edited the footage down and used this as the reason (see attached) which was an excuse because they cut the first part where he shouted at me from his car. When I got there he was on the phone to the police so I believe he also lied to them etc.

They told me 3 separate things regarding the footage:
1: You can only see footage that contains yourself
2: The EA doesn't have to film when in his van
3: The EA only has to record when he's actively pursuing a warrent.


Point 1 is correct, its the 2018 data protection act.

Point 2, quesitonable,. but if you saw the red light on his bodycam, then it was recording.

Point 3, he should be recording to protect himself at all time at the scene of enforcement.



QUOTE
^^ All 3 are to protect them from whats in the footage, but it's fine because what I have is enough to see how aggressive he behaved ^^

I complained via RESOLVER and they lied on record, telling me what happened in the footage didn't happen.


Resolver did not help me.

The webform just emailed my complaint word for work straight to the bailiff company to answer.




QUOTE
In case no one reads this I'll stop now but they continued to lie and I'm still dealing with it now.

They called me being really polite and sorry on the phone, plus offering me £250 but when I asked for the phone recording; the lies started again.

I refused this, they lied more and tried to force me into taking the £250.

They've now offered £500 which is still no way near enough.



If you can say what you want Marston to do, how much they should pay you, then you should ask for it in a letter of claim.



QUOTE
I've spent days & weeks worth of time dealing with this.



If the proceedings have started, you get paid an hourly rate for acting as a litigant in person, but its only £19 an hour.

QUOTE
Any help is much appreciated!!

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jimsecurity
post Tue, 30 Jun 2020 - 06:20
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QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
I had a similar response on another forum - unhelpful attitude.

"You also need to be very careful about accusing them of lying, it's far more likely that whoever wrote to you didn't have all the facts and just made assumptions to fill in the blanks."


The perils of internet forums.


QUOTE
I know what I'm doing and I know the story more than you, obviously so I'm good with my accusations thanks.

I'm saying, ahh there's no point in continuing.

Thanks for the help

My car was outside my house. The man who took it didn't notify the house or post anything through the letterbox.


The man must give notice to the debtor when he removed the car (goods). Its the law.

Its common for councils to lift cars without giving notice. Its somewhere in the regulations, taking control of goods.


QUOTE
When I ran round to find my car on the back of the truck, he refused to ID himself, shouted at me and was aggressive.


The man must show ID to the debtor when requested. Again, its the law.



QUOTE
If he would've followed the procedure I could have shown him my proof of contact and no reply etc. - I wouldn't have let him take my car because it was unwarranted but he was too aggressive and unprofessional that I didn't get a chance to do that.

Marstsons have agreed from the video footage that he was highly unprofessional and didn't follow ANY of the guidelines.

Since then though, Marstons themselves have done lots of sly things to cover themselves.


That is the nature of the enforcement industry.

The debtor is made to pass a much higher burden of proof then the enforcement agent. Its unfair and the enforcement companies exploit this to their own end.




QUOTE
Also, because TFL are upset with me, when I asked them an open question on https://www.whatdotheyknow.com/ they shared my personal info on a public forum and was warned and told off by the site owners for a breach of info or something.


They added my full address and name and details of the case - when the question I asked and name I have on the site didn't have ANY of my personal info involved.




Under the 2018 data protection act, you can withdraw your consent, I think section 99 but you have to give a notice under the regulations.




QUOTE
All of this plus even more - I need a lawyer or someone.


Search online and find one.




QUOTE
The way they've treated me, if I wasn't strong or okay with this sort of stuff, it could've spiralled me into a deep depression - I don't think they should take my car without notifying me, then lie about it, have their unprofessional EA shout and me, refuse to ID himself and take my car.

Then have me sending 100s of emails, doing days/weeks or research to prove to them they did wrong. Which they didn't want to admit via email, they did it on the phone then pretended to not know I asked for the phone recordings.

It's very stressful and I come onto these forums which are meant to be supportive and for us by us. I thought you'd be happy I'm fighting back.

QUOTE (Incandescent @ Fri, 26 Jun 2020 - 21:13) *
I am not at all certain what help you want from us, or even whether we can help at all. This forum is for council (and TfL) PCNs and the appeal process. Clearly with Marstons taking your car, you are well beyond the PCN process and into the debt recovery stage. You have told us nothing at all as to why Marstons might have seized your car. Is it even about a Penalty Charge Notice ?

You might be better contacting: -
www.bailiffadviceonline.co.uk


You will get a lovely lady on the phone for an hour or so, £45 and a pretty letter, it all came to nothing.

I later found out by searching online this lady has been doing that for years and scouts internet forums for customers.






QUOTE
I understand what you mean, maybe I need a claims or lawyer or suing government forum, god help me on finding one of them! lol


You don't need a lawyer for this. Its not going to make back your lawyers fees let alone bring compensation for you.

I think lawyering up is overkill for this type of claim.




QUOTE (cp8759 @ Sat, 27 Jun 2020 - 13:01) *
There are two issues here: firstly the PCN, which would appear to have reached the Order for Recovery stage if the bailiffs got involved. That needs to be dealt with by means of an out of time witness statement or statutory declaration, depending on the type of PCN.

The second issue is the allegedly illegal conduct of the bailiffs, but I have no idea what they're meant to have done that is illegal. Obviously if they're offering you £500 compensation they must accept they did something wrong, but what?

To clarify, if TFL gave them a warrant to enforce, the fact that the paperwork TFL sent you might have gone missing in the post does not mean that the bailiff did anything illegal. If we can work out what they did wrong and why, we might be able to advice on the best course of action.

Also, what happened to the car? did they take it away? did they sell it? did you get it back? If so, did you have to pay to get it back?

You also need to be very careful about accusing them of lying, it's far more likely that whoever wrote to you didn't have all the facts and just made assumptions to fill in the blanks.


They took it away, I paid £800 to get it back whilst fighting it.



I concur, that figure doesn't sound right, The warrant is £203, £75 compliance x 2 , £235 enforcement x 1 and £110 sale stage fee x 2, £791.



QUOTE
TFL were wrong in giving them the warrant because I contacted them with PROOF of receipt. They're saying they refuse to send letters via recorded delivery - which I say is wrong in 2020. They also refuse to let you speak with them online, you have to call up.

I'vr successfully fought them over congestion charge fines when they make it very hard to check if you've actually gone into congestion.

Regarding lying, they told me multiple times, the reason they didn't post a notification through my door was because it was found with a AMPR finding car and flagged up randomly, but I live in a dead end. I told the woman loads of times she was wrong then they finally admitted it was coming to my address - which is another lie on top of all the others.



I think you have changed address, and the warrant address is not current, and the council found your car with an ANPR van. That explains why you were not given a notice before they took the car, and a notice when they removed it.

You are entitled to make a later statutory declaration or witness statement, depending on the contravention, and get back all the money taken.

You must attach evidence of your current address with both your applications.

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Neil B
post Tue, 30 Jun 2020 - 09:29
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QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
I had a similar response on another forum - unhelpful attitude.

You started posting on forums about this issue nearly three months ago, with exactly the same result and
have made no progress. I think you have to take responsibility for that.
We can help, with the necessary facts --- and I'll spell those out very specifically in a moment.

Firstly though, cp8759 , just as others on other forums, is quite correct that there are two distinct issues:-

> That you believe a bailiff has acted unlawfully and you seem most interested in this aspect.

> That a bailiff was pursuing you for a debt or debts in the first place and it is this one where you seem so
reluctant to disclose details other than vague references to 'non-receipt'.

On the first of those matters there seems some confusion or contradiction as to where the vehicle was parked; either
outside your home (on a highway or not?) or outside the home of a friend? Which was it?
QUOTE (screwmarstons @ Mon, 29 Jun 2020 - 14:44) *
The man who took it didn't notify the house or post anything through the letterbox.

They are not required to. However, if it was on the highway they may only immobilise it, display a notice on the vehicle and not
remove it for at least two hours. It's a bit hard to tell, from what you've said, if this happened.

I'll post separately about the other matter; why was a bailiff pursuing you, in a moment and detail exactly what we need from you
in order to help.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Tue, 30 Jun 2020 - 09:43
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QUOTE (jimsecurity @ Tue, 30 Jun 2020 - 07:20) *
I concur, that figure doesn't sound right, The warrant is £203, £75 compliance x 2 , £235 enforcement x 1 and £110 sale stage fee x 2, £791.

And that certainly isn't right! rolleyes.gif A bailiff can't charge a 'preparation for sale' fee twice for the same vehicle; that would be nonsense. Even if it was charged at all?
Your other figures are assumptions since we don't know what a PCN or PCNs was/were for or even how many there were.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Tue, 30 Jun 2020 - 10:05
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So onto the matter of why a bailiff was pursuing you and possibly the more rewarding to look at, as suggested here and elsewhere.

It turns out there were at least two PCNs, one from Southwark and at least one from TfL; info you haven't given here?

So we need to know :-
> The dates of each PCN
> What each allegation was
> How they were served (on the vehicle or by post)
> How you responded and when
> What then went wrong for this to escalate to recovery stage.

------------

It then transpires that you've already filed OOT statutory declaration(s) or witness statement(s)
That (or they) have been refused, almost three months ago or more. When exactly?
You've tried to file N244(s) but ran into problems with the EX160A form.

Again, all information you failed to tell us here.

I'm not sure whether it's going to be possible to persuade a judge to even hear your case(s) after such a long delay.
Way past the 14 days permitted --- but in admittedly difficult times, which might help.

But to proceed we need to also know/see:-
> See your OOT application(s)
> See the copy of any local authority objection(s) that were sent to you

Let's see if we can actually move this forward.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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jimsecurity
post Tue, 30 Jun 2020 - 10:39
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QUOTE (Neil B @ Tue, 30 Jun 2020 - 10:43) *
QUOTE (jimsecurity @ Tue, 30 Jun 2020 - 07:20) *
I concur, that figure doesn't sound right, The warrant is £203, £75 compliance x 2 , £235 enforcement x 1 and £110 sale stage fee x 2, £791.

And that certainly isn't right! rolleyes.gif A bailiff can't charge a 'preparation for sale' fee twice for the same vehicle; that would be nonsense. Even if it was charged at all?
Your other figures are assumptions since we don't know what a PCN or PCNs was/were for or even how many there were.



Comments like this are rather grating.

The sale stage fee can be charged for each warrant when the bailiff removed the goods, the rule is regulation 5.1.c of the Taking control of goods fees regulations 2014.

The £800 charge suggests two PCN’s otherwise he has been overcharged £177.

The OP’s question doesn't challenge the PCNs, rather the enforcement agent not playing by the rules.

From what I see is the OP was not given a notice when the agent took the car, and not following a data request.

The former can be addressed by making a claim, or a detailed assessment to straighten out the charges, the latter is for the ICO.

An EX160 aplication is much easier online.https://www.gov.uk/get-help-with-court-fees

The OP wants marston to pay more than their offered £500, we just need to know why, and see whether its pursuable.
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Neil B
post Tue, 30 Jun 2020 - 11:07
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QUOTE (jimsecurity @ Tue, 30 Jun 2020 - 11:39) *
QUOTE (Neil B @ Tue, 30 Jun 2020 - 10:43) *
QUOTE (jimsecurity @ Tue, 30 Jun 2020 - 07:20) *
I concur, that figure doesn't sound right, The warrant is £203, £75 compliance x 2 , £235 enforcement x 1 and £110 sale stage fee x 2, £791.

And that certainly isn't right! rolleyes.gif A bailiff can't charge a 'preparation for sale' fee twice for the same vehicle; that would be nonsense. Even if it was charged at all?
Your other figures are assumptions since we don't know what a PCN or PCNs was/were for or even how many there were.



Comments like this are rather grating.

The sale stage fee can be charged for each warrant when the bailiff removed the goods, the rule is regulation 5.1.c of the Taking control of goods fees regulations 2014.

Nowhere do the Regs say the bit I've bolded above.
It is simply impossible to transport and prepare the same item of goods twice.

Your figures are completely cocked and don't add up to £791, rather £808 because you've used just one debt then multiple fees.

£791 is likely correct but we never make such assumptions here without knowing the facts. How do you know one of the PCNs wasn't
for a congestion charge for instance?
And if £791 is the figure he paid then it shows he wasn't charged any fee of £110 at all.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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screwmarstons
post Tue, 30 Jun 2020 - 14:25
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The £800 was because I was fighting it, filling out the stat declaration etc. I got it signed by the judge but they disapproved my claim. I then had to send them 3 months bank statements so I could fight it without paying (low income) but I couldn't get the bank statements in time - Then corona hit and everything stopped. I emailed them again recently and I think I can still fight it.

But forget that. Also, forget the PCN details.

but I'll go over it once more, the PCN:

This is a link to the map showing where I went in the buslane: https://drive.google.com/file/d/1Pr_SKCXxfJ...iew?usp=sharing

This is the story / times:

Got a letter regarding bus lane - I replied via their portal (https://tfl.gov.uk/modes/driving/red-routes/penalty-charge-notices/make-a-representation)

I got their receipt email. Heard nothing back for 6 months until I got a letter from EA. I ignored them and re-contacted TFL via email. (I have a email reading checker and it was viewed over 20 times) Still no reply.

Link to emails: https://drive.google.com/file/d/1PdOXYYppyu...iew?usp=sharing

Here's the rule books and things he didn't follow:
- https://drive.google.com/file/d/1IdLCqnpwUa...iew?usp=sharing
- https://drive.google.com/file/d/16VdGn6lWt_...iew?usp=sharing

This is the emails back and forth regarding no notice being left: https://drive.google.com/file/d/1fmd7Da7PvR...iew?usp=sharing


I'm saying that: TFL refuse to send letters via recorded delivery, they also refuse to have an email address/any online form of contact apart from their challenge portal, which they still only reply via letter (with no recorded delivery). Now my point was, I have electronic proof I've made contact, all they've done is send letters that I haven't received.

I don't think any of that is fair or good business practice.

The EA refused to ID himself, was aggressive etc. and when I brought it to Marstons attention, all they initially did, was lie and say what happened (in video evidence) didn't happen.

This is all bad business practice.

Also, I contacted Whatdotheyknow.com and asked TFL (officially) why they don't offer an email form of contact, rather then answer that they posted my personal info on a public forum. Which they was 'repremanded' / warned about my the website mods.

Link to their email to me regarding the issue here: https://drive.google.com/file/d/1v5kpKIa0pU...iew?usp=sharing

^^ I've still got access to the data breach but I can't post it cause it had my full name and address, but it shows TFL being difficult AND not actually answering my question, just posting my personal info to a public forum - I felt like I was being bullied for speaking out and not just paying it.

I've had so much distress, I haven't driven my car since (only once with a friend to bring it back from the pound)

I've had to battle everyone at every stage, all with TFL offering no support: telling me I have to go through marstsons complaint process before I can even discuss with them, which isn't fair because they've been making 'mistakes' throughout.

Hopefully this explains something and doesn't make me sound even more like a c*nt.

Thanks everyone!

This post has been edited by screwmarstons: Tue, 30 Jun 2020 - 14:31
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Neil B
post Tue, 30 Jun 2020 - 15:27
Post #16


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I can't help with your allegations against a Marston agent; not my area of knowledge.
QUOTE (screwmarstons @ Tue, 30 Jun 2020 - 15:25) *
but I'll go over it once more, the PCN:

This is a link to the map showing where I went in the buslane: https://drive.google.com/file/d/1Pr_SKCXxfJ...iew?usp=sharing

This is the story / times:

Got a letter regarding bus lane - I replied via their portal (https://tfl.gov.uk/modes/driving/red-routes/penalty-charge-notices/make-a-representation)

I got their receipt email. Heard nothing back for 6 months until I got a letter from EA. I ignored them and re-contacted TFL via email.

It's a start but not much of what I said we need; which I took the time to list in detail.

You mentioned, elsewhere, a Southwark PCN as well?

As for this TfL one, ok so for a bus lane.

"a letter" A what exactly; a PCN?

The problem with London bus lanes is that it is a two stage process and formal representations can only be made against
an Enforcement Notice (like a Notice to Owner) sent later. Did you receive this?
If not and you didn't respond at that stage then the case would progress to recovery, after two more notices which I guess
you're saying you also didn't receive? That's odd; is there an address problem?

If it helps, this is the process for London bus lanes >
https://www.londontribunals.gov.uk/eat/unde...rcement-process

And we still don't know on what basis you made your OOT(s).

btw the case history of each PCN can be found on TfL website; a list of each event at every stage. It might help you and help
us understand.

This post has been edited by Neil B: Tue, 30 Jun 2020 - 18:37


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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screwmarstons
post Tue, 30 Jun 2020 - 19:23
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QUOTE (Neil B @ Tue, 30 Jun 2020 - 16:27) *
I can't help with your allegations against a Marston agent; not my area of knowledge.
QUOTE (screwmarstons @ Tue, 30 Jun 2020 - 15:25) *
but I'll go over it once more, the PCN:

This is a link to the map showing where I went in the buslane: https://drive.google.com/file/d/1Pr_SKCXxfJ...iew?usp=sharing

This is the story / times:

Got a letter regarding bus lane - I replied via their portal (https://tfl.gov.uk/modes/driving/red-routes/penalty-charge-notices/make-a-representation)

I got their receipt email. Heard nothing back for 6 months until I got a letter from EA. I ignored them and re-contacted TFL via email.

It's a start but not much of what I said we need; which I took the time to list in detail.

You mentioned, elsewhere, a Southwark PCN as well?

As for this TfL one, ok so for a bus lane.

"a letter" A what exactly; a PCN?

The problem with London bus lanes is that it is a two stage process and formal representations can only be made against
an Enforcement Notice (like a Notice to Owner) sent later. Did you receive this?
If not and you didn't respond at that stage then the case would progress to recovery, after two more notices which I guess
you're saying you also didn't receive? That's odd; is there an address problem?

If it helps, this is the process for London bus lanes >
https://www.londontribunals.gov.uk/eat/unde...rcement-process

And we still don't know on what basis you made your OOT(s).

btw the case history of each PCN can be found on TfL website; a list of each event at every stage. It might help you and help
us understand.


Hi Neil,

Thanks but you're trying to answer questions I'm not asking. I'm here to say a EA acted unlawfully. Then TFL told me I had to take it up with Marstons before I could bring it to them. They also acted unprofessionally by posting my personal info on a public platform. Marstons have made many 'mistakes' from the beginning which has forced me to spend over 50 hours dealing with them. I've had to fight to get straight answers.

The possible 'wrongdoings' that TFL have done are not Marstons fault but all of them together, against me. I would've thought you would be proud that I'm fighting back.

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cp8759
post Tue, 30 Jun 2020 - 19:25
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Joined: 3 Dec 2010
Member No.: 42,618



screwmarstons if you don't want to give us all the facts, I'm not quite sure what you expect from us?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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jimsecurity
post Wed, 1 Jul 2020 - 03:37
Post #19


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QUOTE (screwmarstons @ Tue, 30 Jun 2020 - 20:23) *
Hi Neil,

Thanks but you're trying to answer questions I'm not asking. I'm here to say a EA acted unlawfully. Then TFL told me I had to take it up with Marstons before I could bring it to them. They also acted unprofessionally by posting my personal info on a public platform. Marstons have made many 'mistakes' from the beginning which has forced me to spend over 50 hours dealing with them. I've had to fight to get straight answers.

The possible 'wrongdoings' that TFL have done are not Marstons fault but all of them together, against me. I would've thought you would be proud that I'm fighting back.




I can see where you are coming from.

Your dispute is nothing about fighting traffic contravention debts, the purpose of this forum.

You are querying illegal enforcement action. I use the word "illegal" carefully because we are not dealing with common law here.

Enforcement is regulated, although not reliably enforced and absent of an industry regulator.

From the limited information you give, your claim for illegal enforcement is on two potential grounds.

The first, the EA not giving you a notice of enforcement, which says, the debtors address on the warrant is not current. You can find out if that is true by calling the TEC and giving the PCN number, then see if the security check trumps up the postcode for your previous address.

The second, the EA did not give a notice when he clamped your car, and did not give a notice when he removed it. That again, says the EA didn't have your current address, otherwise he would have gone to the warrant address and given a notice.

I don't know whether ANPR van drivers actually give a notice to the debtor, or how they give it when clamping, and then removing a traffic contravention car from the street. But that is a discussion for another day.

Perhaps, with a yes or a no, say whether the warrant address is current, then we can guide you going forward to recovering your damages, and in particular, what level of damages.
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hcandersen
post Wed, 1 Jul 2020 - 10:08
Post #20


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Joined: 2 Aug 2008
From: Woking
Member No.: 21,551




OP, let's try another way:

Is there a warrant in your name which prima facie makes you a debtor to the authority which obtained the warrant?

Do you own the car in question?

Were the enforcement agents executing this warrant?

If yes to all, then the car could be seized pursuant to the warrant irrespective of whether the car was involved in the initial contravention.

Seizing is not a synonym for removing, the former is a purely legal step which requires notice of seizure to be given to or served on the debtor by prescribed means.

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