ฝัง
- เผยแพร่เมื่อ 10 ก.ย. 2024
- #Marston Bailiff Recovery Agents are commonly known as third party interlopers. What is an interloper? It is a person who becomes involved in a place or situation where they are not wanted or are considered not to belong. They have also been likened as leeches who then attach themselves to many financially burdened people, and view them as their financial source of income! They often have no empathy!
BANAMAN has got some reserved views about interlopers, and unlawful wheel clamping is not something BANAMAN takes to kindly towards. When they bring their intimidation tactics to his door, the only option for BANAMAN will be one of opposing reaction by use of the force, like a trained Jedi Knight...
May the force also be with you...
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Since he left the clamp unattended and drove off, did he come back for it within the 2 hour period? Since it wasn't on the highway and it was on your own drive you can to a CPR fee recovery and a charge back claim if you managed to get the PCN. You are a victim of drive by clamping.
I advised him he was about to commit an offence, but I didn't realise he had already clamped my vehicle which I use for business. Then he never returned to remove the clamp at all. He returned once and stopped a little further down the road before shortly afterwards driving off again. Even though he had the opportunity to return and remove the camp, he also did not return after 2 hours to recover the vehicle.
It was an unlawful clamping and once notified it was used for business he had a duty to remove the clamp. He didn't even bother to ask for the insurance certificate because he probably was on an ego trip! He also did not have his SIA license on display that authorises him to lawfully clamp vehicles so he breached the licensing conditions of the Private Security Industry Act 2001 section 9 subsections (1) (c) failure to display while operating overtly. Subsection (4) describes enforcement of failing to abide by legislation regarding the non display of license.
There is much more to this matter still to come, and also Citizens advice are putting in a complaint for the poor lack of service on the telephone from a group conference call initiated between myself, a Citizens Advice representative and Marston's themself. Any developments in this matter will be collated for a future video update, but only when they come to light.
[UPDATE edit added]
Complaints are now in motion directly with Marston Recovery and Chesterfield Borough Council.
If you had tried to pull off / unscrew the black handle you may well have found the spare key in the void of the handle.
@@markc7440 Or he can use the universal key that Makita make. :-P
@@davecarter2508 I used that universal key when I forgot to tax.
Came off quick with little disc wear.
I taxed straight away at the post office And asked if I could pay the back tax. Post office said no, not without the reminder you can just tax from today.
I did that & nobody ever wrote to me or came back ever again On the matter.
My neighbour said a car lifting truck drove past week later and paused at my house.
maybe they can only lift cars that have clamps on but mine didn’t have a clamp on. Nobody return for the clamp so it’s now recycled into something nicer no doubt by my local council tip. 😀👍🚙
@@davecarter2508 could do, but if a key is there why not take the easy option?
Clamp to be given back on payment of release charge and storage fees
i had one on my drive, i offered to pay him £1 a week, he said thats not acceptable, i said ok give me a letter saying you have refused payment, he just drove off
Good job 👍🏻
I love how this video ended.
Councils waste so much money and achieve very little for the taxpayers.
All over a £25 parking fee…. Society is messed up
You're no longer innocent until proven guilty in this country you're just guilty until proven guilty.
Along those lines yes it would appear
So true ❤
I worked for a large company dealing with so called warrants and you would make an initial call to house and part of the process you had to list colour of front door type of house etc and leave a notice you would call back in 14 days. I found that's agents not bailiffs were sat at home filling the forms in to claim £30 visit fee, and they did the same again for a second visit. When l raised my concerns l no longer received any more work from them. By the way we were all self employed.
I'm pretty sure clamping on private land is not legal anymore
Only a judge can give a warrant to go on any land that is private .
No name of a magistrate/judge on a "warrant" means it has no power. How does anyone know if marston parasites have a template online they can use whenever they want? No accountablility, no authority. And as he has stated the claim is in dispute, no collections agency can get involved. The council have even broken the law by not allowing a fair hearing
Universal Declaration of Human Rights
Article 10
"Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."
Magistrate
@@mijimonmaster It’s not a criminal case. It’s a civil matter and the law is different for that. Charges can be imposed and if you want to dispute them, it’s YOU that has to go to court to prove you don’t owe it. Try contacting a solicitor to check the legality, not Google or TH-cam!
@@stetomlinson3146 You rights still count, no matter what man made rule is in effect. They have violated said rights by there not being a fair hearing. Or do you agree with them being able to say whatever they want behind closed doors and you have to agree to it?
@@mijimonmaster No of course not. But as it stands, civil law is different to criminal law. In this case the burden of proof is on them. if you want to object, YOU have to take them to court. (Which by the way the video poster could do.)
In a criminal case the state takes YOU to court and THEY have to prove their case, because the burden of proof is on you.
It would not be in the interests of us for it to be the same, because then, for example, trespass becomes a legal case.
£25 escalates to £394 money grabbing at its finest
16:25 So he dials 999 because he was gently pushed. No way could that be seen as appropriate use of police time and resources. He is abusing his job and role to get preferential treatment from the police. And trespass is a civil matter. And even all the auditor trolls say that you can use reasonable force to remove a trespasser.
And escalating the report by not stating the severity of the pushes means the police will assume that extreme violence has been used. Why else someone call the police. Shameful actions by James Pike.
No1 will appreciate this video if they skip bits. Absolutely fucking pure class!
Westminster Council tried same with me. The Marston bailiff took £423 off my mother to pay fine i wasn't at property. Unfortunately the parking fine was issued illegally and was paid back within 3 days. The parking attendant who issued ticket had taken a picture of a payment sign not related to parking space I was in. All proved yet Westminster and marstons still pursued matter. Country is corrupt.
The last 10 mins are like an Earling studio film's, you are a classic.
Mate! That was class! Take no prisoners bro! Lol fantastic!
I listened to your words of advice [edit added] and applied them Jedi Style!
Awesome Video and many thanks Banaman. It pays to have a spare wheel in the boot of your cars when the Third party Interlopers are after your money.
How can they take a car, a car is worth more than £394 😮
It is a road traffic offence that he blocks you in
30:00 That lever bar is longer than the vehicle hahahahaha
padlock and chain the tyre and clamp to your gate and write out a penelty notice on it. removal of chain fee £394
"What's your name?"..
👉"DON'T TELL HIM PYKE!"
The police should not be allowed to help the bailiffs. As police are a public servant not a company servant
No one needed fitting up or illegally arresting so therefore it wasn't a police matter.
No kiddies needed fiddling so they weren't gonna show up
Shame you didn't have a spare clamp . You could've clamped his car for blocking your driveway !
A hero all of us can be proud of our kids following, stop the steal.
high quality slapstick very well done
Should have got the angle grinder out to remove that tool, then...cut the clamp off. The wheel change...inspired by Laurel and Hardy I take it. You dealt with it very well. Well done, I'm inspired by you and I hope others don't fall into the trap of believing these parasites.
I grew up on Laurel and Hardy, they inspired me, I even remember Hectors House and Mary Mongo & Midge... even the Flower Pot men and the Keystone Cops... I have noticed there are many Keystone Cops around in the UK, but they do say, what comes to America, eventually comes to the UK 😎
Ahh The flower pot men... Surely time for a movie version. As long as they keep Titchmarsh out of it..👍
@@Cybertruck1000 Good old Alan and booby dimmock 😂
That would be criminal damage. You can take it off, but you must not damage it.
@@BANAMAN Yes they were a lovely couple... But I didn't like him.😊
Should have used a grinder , the tool not the app
Not the app 😆
£400 for a £25 ticket ? how do these people sleep at night ?
there's just one man but he is so big i cant handle him, can you send some girls please ? if police stopped supporting these crooks maybe they would stop
coz they have no morals.. plain and simple..
Just Jack car up and put spare on it
How the FFF does it go from 25 to394 legally, No Fing way
They'll quadruple that when they turn up to collect goods, these parasite are evil bastards
I think the funniest part of this video was watching the guy trying to work out what to do with his already peeled sticker since he couldn't place it.
i once got a clamp in a private car park, i explaind to the filth that the vehicle was damaged due to the clamp being put on.... he turned to me, winked & said" i didnt see him put it on though did i ". i came to understand his response & i havent paid my council tax or any parking ticket since, thank you
"Filth" lmfao
Keeps saying it's a fine. A fine is from a court of law. From a council or any other like NCP it is a penalty and you receive an invoice for said penalty
Absolutely a legend, well done mate. 👍👍👍
As soon as you register anything, you are giving all your rights away, if you register your car and you break any of there traps, you are given up anything you own to them. Even your children. 😮
Well done Banaman. Your a legend brother
The police love to speed to the assistance of a bailiff. Always a good chance of escalating things and make an arrest. 999 Emergency!
A cordless angle grinder comes in handy I've found on your driveway. Marstons is not a court but a bulk buy fines company. No legal rights at all. Great video 👍
When they come back for the clamp give them an invoice. The invoice will be for the number of days you have provided them safe storage for their clamp, which they abandoned on your property.
Its not a court its a council meeting that always makes you guilty
What used to happen in such cases was that the clamp was removed.
Placed to one side.
A storage fee was set up 🙃
And within a few days the fees out-shone their 'claim amount'.
So if it ended up in a true court, to get them off your back, you just say "I'll drop my fees if you drop yours!" 😤
That "bailiff" can now be arrested (I think) for not ahowing you his card whilst enforcing a warrent, OR for impersonation of a bailiff.
Cheers.
Surly the Council should have taken this matter to a County Court before asking a phoney” Court” based ( Northampton), to try to fake some Warrant to attempt to disable a Car.
I hope he charged the Council for causing him problems and if these goons ask for their Clamp back, you should charge them storage fees of at least £10 per day ; then it is their choice if they want to pay.
I know someone who cut off the clamp and claimed it was a mystery who did it.
He then said that the Recovery ( Bailiffs) will have to pay a fee to get it back as he was charging storage !
Bollocks to ALL Bailiffs!
Don't know how these people sleep at night???
@@petermcfarlane6749 Just like The Nazis did. All Nazis have no self Respect.
If you can't Respect yourself, How can you Respect Others
This just shows that the only thing the council was interested in is ripping you off in 2 way. No change at the machine and refusing to repay the overpayment and then passing it in to debt collectors and ignoring letters. If the don’t take you to an actual court where you have the right to put your argument across then that alone is a a denial of justice. Typical of councils though thinking they and only they have a that right to deny people access to courts to defend themselves. They do it over council tax too, so it’s not unusual for councils to ride roughshod over justice.
I saw a job advert yesterday, online.
It was for the position of enforcement agent working for Marston's. £90,000 PA but commission only. That is a royal piss take.
Clamp his car for blocking your drive!
Brilliant job mate. You stood your ground very well!. Respect from Glasgow
The bailiff cannot clamp a car on private land.
Section 54 of the Protection of Freedoms Act, 2012, created a new criminal offence to clamp a vehicle without lawful authority on private land. “Clamping of motor vehicles on private land is illegal. ”
Bailiffs do not have lawful authority for using a wheel clamp on a debtors vehicle if it is on private land, under regulation 16 of the Taking Control of Goods Regulations 2013.
Thank you for pointing this out, and in line with - The Taking Control of Goods Regulations 2013 section (4) (1) (a) ; items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350 www.legislation.gov.uk/uksi/2013/1894/regulation/4/made
And in conjunction with Protection of Freedoms Act 2012 Section (54) (1) www.legislation.gov.uk/uksi/2013/1894/regulation/4/madeA person commits an offence who, without lawful authority-
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,
The vehicle was used for work as explained to the bailiff but the bailiff did not comprehend this in his line of work!
No , the point of a court is not to issue warrants it’s to judge the fairness of a claim and if someone is claiming against you, you MUST have a right to defend yourself in person.
F****** brilliant video.
Inspirational :) great job Banaman 😊
They don't like it when you use the rules against them.👍
I thought the Warrant had to be stamped and signed wet by a judge, anyone can print that off.
That’s a myth, unfortunately. It would be good if it were true 🤷♂️
A court official does it all it doesn't have to be a wet signature or a stamp many are just printed off. See black belt barrister he covers warrants
There are videos on how to remove those clamps.
And now a video how to remove a bailiff 😎
a court where the supposed perpetrator is not invited/demanded to attend is simply NOT a Court.
Wheels on pavement, driving offense...
Blocking access to private drive, driving offense...
Unfortunately, blocking a driveway isn't an offence that would involve police, even with a lowered kerb. Blocking an access road is. The only reasonable offence is a parking offence with Councils mandated to issue fined. Ironically.
this was a lovely way to start my day, its nice the see a viceo of things going the right way for us the people for once, a good warming feeling. Thanks
10:12 UK Law requires services to remain accessible, and by the agent not reading out the text and explaining it to you, does that not somehow breach accessibility rights?
If he doesn't want to read it out, they should have a screen reader available.
Absolutely amazing
Tip for anyone who has a clamp like that one use a plastic nozzle from a sealant tube it opens them with no damage I did this and when the bailiff came back he said where's his clamp I said it had run away PLASTIC NOZZLE
I had this happen to me for an unpaid parking ticket. Goon came round threatening to break in and allsorts just laughed at him and shut door. He went round backs and found my car parked on my drive telling me its going to be taken away 😂. So you know what i did? I fitted a floor anchor and chained the car to it because i know they cannot cause criminal damage by breaking the lock or chain. They never came back and i no longer own the car. 🖕😂
You should have called the police, he was parked across your dropped kerb which is instant vehicle removal by the council. Also ask the police to confirm that vehicle is insured for bsiness purposes
Is it not an offence in the highway code that blocking a driveway that has white lines marking the entrance results in an automatic £120 fine on the CONcil employee/PARASITE. THIRD PARTY INTERLOPER.,?
This sounds very wrong. Fine issued .... no court of appeal ?? Court fine not means tested ??
Seriously what kind of scumbags want to do this for a job.
The council breeched GDPR Passing your details on.
It’s a civil matter. How do these clowns get away with seizing cars when they/aren’t allowed to seize cars under $1350 lawfully. Yet the pigs sometimes assist in this fraudulent ,yet somehow legalize theft. Everyone needs to stop paying all these fines.
the sparrow are well chirpy, nice one 👍🏻
Well done mate, loved this video... ending was hilarious 😅
You had it right about breach of GDPR as you have not consented to the DVLA sharing your data. That's where it should have ended. DSAR and compensation 5,000 minimum.
The way they get round that is, the DVLA have 2 databases, vehicle database and the driver database, obviously no details can be handed over if they are enquiring about a particular driver or his details, however the DVLA can if paid for, hand over details on the vehicle that a recovery firm are enquiring about and it just so happens that the registered keeper is one of many particulars included in a vehicle enquiry..
Never appeal, any court decision or council ruling. Legally, appeal means to throw yourself on the mercy of the court. Never appeal, refute and dispute their claim against you. They have their case against you, you should formulate your case against them.
Spot on- you would be contracting with the courts, fuck em. These companies can’t lawfully steal your cars. Vehicles commit offences?. 🤣🤣🤣🤣
Any court run by the council is a kangaroo court 😂
get in the car and lock the doors..
Didn’t they change the law stating that now they can’t clamp vehicles on private land ???
The Difference in the tone of the voice from the call handlers is disgusting, when the bailiff rings 999 it's all nicey nicey ok love, but when you phone as a member of the public it's combative straight away.... It's like they have been trained to take the baillifs word all the time, the second person you spoke to seemed ok but that show's that they have no consistency.
His vehicle will not not be insured for business just social domestic and pleasure, report him to the insurance database giving registration number and his name and times and details and the fact he claimed to be engaged in business activity and not social or domestic or pleasure.
Brilliant 👏 I had a goon turn up threatening to clamp our vehicles. He had no id on show and he did not identify himself. I stood in the way of the vehicle told him it was not my vehicle and he called the police stating I had assaulted him. Liar as I recorded everything the police attended and stated no assault had taken place.
We raised a complaint to the courts as to his ability to abide by the rules of I d . I asked him to leave 3 times abd told him I would remove him from my property as he was trespassing and now aggrevated trespass.
The judge from the court watched the footage and has literally turned everything around stating we knew we had not paid the debt and the EA was withing his lawful rights 😳
Wtaf .
Corruption personified
While an alleged debt is in dispute, no legal action can be taken by the claimant. Evidence must be presented to prove that a debt exists between two parties under law. If such evidence cannot be produced then no debt exists and while the clarifiation of such a matter is in process, any attempts to obtain an alleged debt (by, in this case, Marstons) are attempts to extort money by menace. The enforcement officer here also committed assault (not to be confused with "battery").
wow you deserve a medal well done for asking for his credentials hahahahahaha
Sorry for my lack of knowledge how this clamp works but it looks like you can just jack the car up and put the spare on?
Edit: 5 minutes later spoke too soon.🤦♂️
Time to return the clamp with a new lock on it onto one if their vehicles.
Police assistance
If the police assist to force entry they are jointly liable on the claim, or if the police force you to hand over cash or goods then they are guilty of conversion and the chief constable is liable on the claim.
“If a police constable aids a bailiff to gain forceful entry by using a police power of entry, then nothing that follows is valid and the police force is jointly liable for damages with the authority the bailiff is working under” - the precedent set by the case of Skidmore v Booth [1834] 6 C&P 777.
The constable is personally liable for damages in a civil claim following Lister and Others v Hesley Hall Limited [2001] UKHL 22 and may also be subject to a disciplinary action”.
Thanks for pointing this out.
The ending needs to be its own video
"HOW TO REMOVE A WHEEL CLAMP"
Love it!
Thank you for making my day , the end of your video made me laugh so much I nearly peed myself . TAKE CARE .
Should have had the belter given a ticket for parking across your driveway. He blocked your driveway, hence he committed an offence
I don't think it's an offence to block a driveway.
@@gwaponobby just did a quick search and it is an offence in the UK.
@@Iwishiwasflying Under what law are you committing an offence?
@@gwaponobby a quick google search will tell you. I've researched it, you do your own
@@Iwishiwasflying Haha you won't say because you're wrong and now you are lying.
It's not a criminal offence, it's a civil matter.
😂 court! With a name county court business centre, yeah, its a court 😂
Keep it simple keep it real from the outset, NAME = PUBLIC, COMMERCE- a calling is not a name, causing torts up and down the country on living souls via attachment & adhesion contracts ❤ representing costs, we have no business together, I albert could go on 👍🏻 good old blacks law, know of them, plus redemption manuals. 💜💪 knowledge is power.
Can't wait for next part
The court? It is in fact the Bulk Processing Centre, Northampton, not an actual Court but a CAPITA business funded by the Taxpayer. Their paper work invites you to incriminate yourself.
My understanding is that it is a well established legal principle that an individual CANNOT be "deprived of the means to earn a living"
This means that if you use a car to travel in order to work then it cannot be seized.
Additionally having given notice that IMPLIED RIGHTS OF ACCESS HAVE BEEN REMOVED. then is it not your right TO CHARGE ANY PERSON A FEE/ ACCESS CHARGE. The same way as say the NATIONAL TRUST OR ENGLISH HERITAGE DO for the public to enter on their Wealthy clients private property?
Absolutely beautiful,.. Knowledge is King.
I love this guy. 😁
Oh he fly's thru the air, on his flying trapeze, the daring young Bannerman, who won't take the knee 🤣🤣🤣🤣🤣🤣🤣🤣🤣
A crappy automatically generated document on an iPad from the vehicle blah-de-blah place isn't a warrant issued by a court signed/stamped by a judge
And in the UK you do have the right to a fair and reasonable trial by a jury of your peers... Not sure about parking fines, but that definitely isn't fair, or even legal.
As for the clamp, jack your car, let the air out the tyre, and wiggle it off.
Warrants aren't signed and stamped by a judge but can by a court official. Black belt barrister has explanations of this. The clamp is fitted on the wheel not the tyre only a key can be used to remove it.
@@laceandwhisky the vehicle blah-de-blah place, is it a court? I don't know to be fair
If the tyre was deflated it might be possible to wiggle it off...
One big pit of seething slippery vipers the lot of them
Parking fines are the biggest scam since the dawn of time. Councils working in conjunction with the “courts” and collection agencies, and even have the backing of the police 😤. The business model of these car parks is the hope that people don’t pay a few quid to park, and then within months it becomes a few hundred quid plus, due to all the “court fees” 🤷♂️
I hope you are charging storage fees for the clamp he left on your property.
4:50 So he says once a case has been settled then anything else is between you and the council. We'll that's the issue, the case hasn't been settled. That the council have jumped the gun and got Marston involved means Marston are on the clock too. They need to have done their own due diligence with the council to ensure that the case is completed. To not do so means they are jointly liable with the council.
The wheel change was extremely funny and made me lol. Hope you kept the wheel with the clamp locked up until they paid up. Well done Sir.
This guy is basically saying we have no right to a fair trial. I thought it was innocent till proven guilty.
Actually not in every case.
Excellent stuff Mark, exactly how to deal with these sycophants! ❤😂
I did hope he would commit theft by taking a business vehicle worth less than £1,350.00 I also have another little trick up my sleeve and I hope I am around if they decide to turn up with a recovery truck... hope I am around if that happens.
@@BANAMAN they ain’t coming back 😂
@@nicotoscani1707 Acting stupid is what I enjoy to do, but I must admit, when they bring it to your home, it's a different kind of stupid I have found for myself. Life's a learning curve and I'm always a learner with an open mind.
dont these bailiff companies buy debts....try to enforce then when unable to collect apply to gov for re-reimbursement.....the debt is still floating around for another debt collection company to pick up and then add their bit......an on an on it goes like a wheel
Great stuff banaman had a bailiff at my house 2 weeks ago wanting me to pay a £900 court fine I says il give you £20 a week he said ohh it's to late for that now you can't pay in installments now you have to pay £900 so I says we'll your not getting nothing then 😆 he says il come back tomorrow with a locksmith I says alright then il see you tomorrow that was 2 weeks ago not seen him since if he comes back I might end up giving him a good hiding 😆
If your on universal credit you should not be owning a vehicle.
Taxpayers are sick of scrotes like you.
@@teddy5069 You will find that Universal Credits has replaced Working Tax Credits. Working Tax Credits are no longer available and anybody who needed Working Tax Credits in the past, will now have to claim Universal Credits instead. Everything has been rebranded. [edit added] People who are currently on Working Tax Credits is the same for people being on Universal Tax Credits. Not a lot of people know this, including yourself!
Make sure you stay within the law when you give him a good hiding... I interpret hiding to mean a game of hide and seek and he will have to be good at finding you 😂
@@teddy5069 Teddy nobody likes you mate it's no good taking it out on me and banaman 😆
@@BANAMAN ye banaman definitely stay within the law when these scumbags come around with there body cameras on and yes hide and seek is actually a better safer option when dealing with these bailiffs 😆👍
Gonna take his car away for an unpaid parking fine! What the actual F