Bailiff rights

[michelelee]

I have been away for a few days and got home on 9/7/07 to find a letter from bailiff company requesting £185 for parking fine, the letter was dated 3/7/07. When I got up on 10/7/07 a bailiff had clamped my car and did not bother to knock on door for payment first. They charged me £536 to remove it. I was unable to take my children to school or get to work and they have made 3 large scratches to the wheel of my car. Should they have knocked on my door for payment first? Can I do anything about the damage to wheel? I feel that they did not give me much time to sort this out before clamping my car. Please can someone advise me

(posted twice - one of the posts removed )

[seanamarts]

who is the creditor, ie council or private firm

[Herbie]

Michelele,

Do have more details. Which firm of bailiffs are involved and did they provide a breakdown of the fees and charges.

This fees does not seems right. Which local authority and do you have the date of the PCN. Many tickets are non compliant for a variety of reasons, most commonly due to the ticket not having the two dates. If this is a non compliant ticket, then you can make a claim to have a refund.

Most importantly, do you have the name of the bailiff that attended. His name should be on the paperwork left. If not telephone the bailiff firm and say to them that you wish to know who's case this was. Once you know, can you please send a private message to me with the name and I will check the database to see if he is legally certificated.

No names please on the public forum.

[michelelee]

The parking ticket was redbridge council who I sent payment to but also sent a covering letter stating that only one of my wheels was on the yellow line and I was displaying a valid disabled badge the pavement was supposed to have yellow markings but had completely worn away so I did not know the badge would not be valid. Redbride council returned my letter and my cheque and told me I had to (A) pay or (B) complain by swearing on affidavid. The next thing was this letter from EQUITA bailiffs dated 3/7/07 followed by the clamping at 6.30am on 10/7/07

[michelelee]

Also no I have had no breakdown of charges

[Herbie]

There are a number of question I am afriad.

The first thing is when did you send a payment to Redbridge and what was the date of their response?

Second. What did the letter dated 3rd July 2007 from Equita say and was it sent first or second class post. How long did it allow you to pay. This is important as they arrived on 10th July and clamped.

When Redbridge mentioned about swearing a document. this is simply a Statutory Declaration and is very simple indeed and is used very often indeed.

Could you provide details of the ticket to see if it is a legal one or not.

[michelelee]

I do not have the ticket or dates all I have is this letter from equita saying that they wanted full payment within 24 hours of £183.99 and I needed to ring them and tell them if I was going to pay but I had been away for a short holiday so did not open the letter until my return on Monday evening. Tuesday morning my car was clamped the very earliest the letter could have got to me was Wednesday the 4th I am just annoyed at why didn't the bailiff knock for payment at least then I could have gone to work and got my children to school. Is this right that they clamp your car without trying to knock and get payment first. Should they provide breakdown of charges as £350 seems a lot to put on and remove and they have put 3 large scratches on the alloy wheel

[seanamarts]

If your car is registered as a disabled vehicle they cannot clamp it or take it away. I suggest you phone the council and have a word with them.

[michelelee]

no it is not My mum is registered disabled so I use her blue badge when I take her shopping

[seanamarts]

Originally Posted by michelelee

no it is not My mum is registered disabled so I use her blue badge when I take her shopping

I would phone the council and explain the situation followed by a letter