MARSTON Bayliff trying to take my motorcycle for a parking ticket from a year ago!

alexandermayor1321

Hello all,

it's the first time I have used this website but a friend recommended it after getting good advise so here goes.

a month ago now I woke up to find my motorcycle had a clamp on it with a piece of paper stuck to the tank with the marston logo and a number with the name 'Dave'. I called it and was told I owed 437 pounds for parking fine from westmister council which dates back over a year ago which I have never heard about until now. I told the guy I would sort it later, received a number of calls from him but when I got home the clamp was gone so I figured it might be a scam.

Today I received a letter from marston with a REF number from Westminster asking for 437 pounds which I have to organise by the 22nd of October. I find it very distressing that these people can turn up out of the blue demanding a large amount of money for an offence which I was never made aware of.

on the letter I received today it says 100 pounds is owed to Westminster council for the overdue parking fine and another 327 pounds for marston! am I obliged to pay these people? would it be worth seeking legal help? has anyone ever been in a similar situation?

Any help would be greatly appreciated!

Many thanks!
Alex

bazster

This is the wrong forum for bailiff advice. Not sure which is the correct forum, but someone will know.

This is the place for council parking tickets: http://forums.pepipoo.com/index.php?showforum=30

In the meantime you need to hide your bike.

EnigmaPart1

Personally i would speak to Shelia , she charges a small fee but is very good

http://bailiffadviceonline.co.uk/

Coupon-mad

Definitely use both websites linked. The first (pepipoo) will advise you on what to do as you have said the matter dates back over a year ago which you have never heard about until now. Sounds like you need to file an application to the TEC, pepipoo will advise.

The second website are the experts in helping you scrutinise the bailiffs fees and to help you if the charge is wrong/unfair. That website costs you £10 to register for help as a one-off fee, but it's run by Sheila who is the expert on bailiffs and what they can and cannot do. People are always signposted to Sheila if they have an issue like yours.

BenefitMaster

IMO, This is an excessive levy and is illegal. Has the bailiff stayed with the bike? If not, this is an Abandoned Levy and he is breaking the same law as any other Clamper.

Cut the chain off (which is you using a common law remedy to their illegal act) and move the bike somewhere they can't clamp it again.

bazster

BenefitMaster wrote: »

IMO, This is an excessive levy and is illegal. Has the bailiff stayed with the bike? If not, this is an Abandoned Levy and he is breaking the same law as any other Clamper.

Cut the chain off (which is you using a common law remedy to their illegal act) and move the bike somewhere they can't clamp it again.

The clamp was mysteriously removed anyway, but yes he needs to shift the bike to somewhere they can't find it or can't get at it.

atrixblue.-MFR-.

bazster wrote: »

The clamp was mysteriously removed anyway, but yes he needs to shift the bike to somewhere they can't find it or can't get at it.

I suspect it was a force contact trick, clamp bike/car forces person to contact bailiff and is a trick that is against their code practice.


its a trick used in America the debt company will send a recovery truck to lift the car and make contact with debtor, once contact is made the debtor is forced to contact finance company or the DRA they then drop the car back down once a finance repayment agreement is made.

atrixblue.-MFR-.

BenefitMaster wrote: »

IMO, This is an excessive levy and is illegal. Has the bailiff stayed with the bike? If not, this is an Abandoned Levy and he is breaking the same law as any other Clamper.

Cut the chain off (which is you using a common law remedy to their illegal act) and move the bike somewhere they can't clamp it again.

AN illegal act cant be followed by another illegal act to remedy the situation. If he cut the chain its criminal damage. if he got someone else to do it, then they would have to persue the person who cut it hint hint.

BenefitMaster

atrixblue.-MFR-. wrote: »

AN illegal act cant be followed by another illegal act to remedy the situation. If he cut the chain its criminal damage. if he got someone else to do it, then they would have to persue the person who cut it hint hint.

It is a defence against any charge of felony to show that the lesser felony was committed to prevent the greater felony from becoming choate.

Criminal damage to a single link in a chain is a Magistrates offence. Blackmail and unlawful clamping are both Indictable offences.

However, I agree, have Capt Clamp cut it off.