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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 7th March 2007, 20:32   #1 (permalink)
rambo
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Default bailiffs clamping car

Hi, just a quick one.
I work as a licensed private hire driver and my car is a licensed private hire vehcile. I know that a bailiff cannot take my car as it is "the tools of my trade", but can they clamp it?.
Specific law would be helpful.
cheers.
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Old 8th March 2007, 00:31   #2 (permalink)
Gingerheid
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Default Re: bailiffs clamping car

I know that HMRC would be content to seize the car as it isn't necessary for you to carry on your trade (you could 'easily' hire one or drive someone elses so there would be nothing to stop you being a private hire driver).

Does this extend to other grabbers of goods in respect of monies owed?

Last edited by Gingerheid; 8th March 2007 at 00:35.
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Old 8th March 2007, 03:37   #3 (permalink)
i_spam
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Default Re: bailiffs clamping car

If it is parked on a private driveway they have to either have a sia licence or their company have to have been authorised by the sia. If not call the cops and have them nabbed. Do not tell the cops who it is !!!!!
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Old 8th March 2007, 07:55   #4 (permalink)
rambo
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Default Re: bailiffs clamping car

Can they clamp it on the public highway?, logic tells me that if they cannot take it because its "tools of my trade" how can they clamp it.
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Old 8th March 2007, 22:19   #5 (permalink)
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Default Re: bailiffs clamping car

Quote:
Originally Posted by rambo View Post
Hi, just a quick one.
I work as a licensed private hire driver and my car is a licensed private hire vehcile. I know that a bailiff cannot take my car as it is "the tools of my trade", but can they clamp it?.
Specific law would be helpful.
cheers.
I think that most councils will allow clamping of PCO Driver's car and even to be towed away at bailiff stage. A London Taxi (Black Cab) is not allowed to be clamped although i would argue that the "knowledge" is in their head.

I think the only time a london taxi can be seizured is by Inland Revenue although i have seen whilst driving through parts of London, the local council's contracted tow trucks have had a few black cabs on the back of their trucks for illegally parking.
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Old 9th March 2007, 04:40   #6 (permalink)
rambo
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Default Re: bailiffs clamping car

I cannot see that council will allow bailiffs to take licensed private hire vehciles for a parking ticket, the council cannot overule the law of the land. I'm not saying that a bailiff won't take it, it's just that they should not.
What I would like to know is can they clamp it.
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Old 9th March 2007, 16:38   #7 (permalink)
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Default Re: bailiffs clamping car

if you dont own it they cant take it. sell it to your wife and rent it back for £1 per year. you are still the registered keeper but not the owner.......might work?? worth a try ??

Dave
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Old 9th March 2007, 18:04   #8 (permalink)
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Default Re: bailiffs clamping car

Quote:
Originally Posted by rambo View Post
I cannot see that council will allow bailiffs to take licensed private hire vehciles for a parking ticket, the council cannot overule the law of the land. I'm not saying that a bailiff won't take it, it's just that they should not.
What I would like to know is can they clamp it.
The council DOES allow bailiffs to take PCO vehicles.

Bailiffs ARE allowed to clamp PCO drivers.

Why are you so worried that a bailiff should not take a registered car, do you have outstanding PCN's then?
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Old 9th March 2007, 18:07   #9 (permalink)
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Default Re: bailiffs clamping car

Quote:
Originally Posted by davefirewalker View Post
if you dont own it they cant take it. sell it to your wife and rent it back for £1 per year. you are still the registered keeper but not the owner.......might work?? worth a try ??

Dave
I believe that if you are the registered keeper of the vehicle and that information shows up with the DVLA then they are within their rights to take the car. You may sell the car to your wife, but they are various documents you will need to prove that you have sold it. Some companies will just refuse to give the car back as they know what the individuals are up to and the councils are backing the companies.
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Old 9th March 2007, 18:37   #10 (permalink)
i_spam
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Default Re: bailiffs clamping car

Lots of ways to sort ownership problems out but cannot discuss on the forum !!!!!
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Old 9th March 2007, 18:48   #11 (permalink)
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Default Re: bailiffs clamping car

agreed i_spam.

I know people who have had the right documents and still have had to pay.
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Old 9th March 2007, 19:12   #12 (permalink)
rambo
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Default Re: bailiffs clamping car

I have not got any outstanding PCN's at the moment, but I keep having problems with 2 london council's with ilegall PCN's and despite writing to both of them it always turns into a nightmare.
Thanks for the advice.
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