Coming to get my car!

[DAVEJMAG]

Hi there,i have a debt over a parking ticket i tried to fight with South Lanarkshire council Scotland. I have posted the whole story of it in the Parking ticket forum so wont go into it again. Anyway i received a couple of visits from Sheriff Officers where they handed me letters explaining i had to pay the debt then another to say it would be attached to my car. I then come home a few weeks ago and theyve put a letter through my door and will be coming yo get my car tomorrow 20th Feb. Aside from paying the charge is there anything i can do to put them off,can they take my car from anywhere like a public street or just from my property. Any help is appreciated.

[CourtOfficerSpeaks]

When ever i seize a car, we have to by rights, write to the debtor asking him to "surrender his Car " (hide it in other words, they always do!). I tell them we'll have it stoppe at the roadside. Technically we could probably do this. However we never would, wouldn't be worth it. If i saw your car though, and it was clear to take and you didn't pay me - yes i'd tow it away. If you pay it though, they won't take any further action. Your car is just a scaring tactic. Although to be fair, are you sure sheriffs are involved? I've never dealt with a parking fine before?!

If you don't want them to take it, just hide it just incase. although parking fines and Scotland are 2 areas that may affect what i've said. We could technically clamp cars if we wanted. We just again, never do.

[DAVEJMAG]

Yes sheriffs are defo involved. They have paid me 2 visits and also posted last letter which asks that i arrange for access to my property so they can remove my car.

[CourtOfficerSpeaks]

Yeah asks that YOU arrange it. Because unless its sitting there with the keys in it. I'd have to seize it as a "non-runner" which is worth pennies.

[DAVEJMAG]

So if i dont give them the keys,what can they do.

[CourtOfficerSpeaks]

Hi DAVEJMAG

If it was me, i'd take it away as a non runner technically. Depends on what the car value is in relation to the debt. It's worth a lot less without the keys.

Plus mate, if this relate to parking fines, they're probably more likely to want to seize your vehicle then anything else...?! If that makes sense....

Like i said if you hide it, then they won't find it. I had a man drive through a brick wall in an old rolls royce just as we were about to lift it, we didn't have the keys but his partner came to the door with a debit card. The officer walked off and bam. Gone, even being blocked in by the Passat the officer drives.

If sheriffs are involved then there's a Court judgement.

Cars to us mean very little in value. Plus if it relates to car fines, they probably have more powers (i.e. clamping and things)

If they started clamping your car, i'd be very surprised if they were sheriffs.

What you've got to remember is, i think this is Scottish. HCEO's in England can ONLY do England & Wales. So my knowledge is only based on my own experience in the English system. Sheriffs may collect parking fines in Scotland. (Sure someone will enlighten me no doubt)

[tomtubby]

If you had not received one of the Statutory Notices I would normally recommend that an Out of Time late Statutory Declaration be served with the Traffic Enforcement Centre which of course is a "freezing order" and prohibits any enforcement so the car cannot be removed,clamped etc until the matter has been decided by TEC.

However, I realised that your PCN was incured in Scotland and therefore the warrants cannot be enforced by the TEC and neither can you apply there.

I am unsure on how you can object but I will look into this asap.

[DAVEJMAG]

Thanks for the advice guys,i believe Scotland is way different than England though. We have Sheriff Officers instead of balliffs,who deal with council parking debts etc. The debt is 360pounds and the car is worth at least 11grand so the car is worth way more. I dont know if in Scotland they can forcefully take the car or do they need me to give them the keys. Any help guys,need to know as i may need to hide it tonight.

[Goldlady]

If it was me I would be hiding it right now.

[DAVEJMAG]

Have hidden my car now so hopefully its safe for now and buys me some time.

[chris600uk]

Please someone correct me if I'm wrong.

I though the OP had the protection of the Statute of Marlborough if the vehicle was parked away from the house?

I'm pretty sure the vehicle cannot be seized in that case.

any comments anyone?