Balliff clamped my car

[revdrun]

Good night all. A good friend of mine woke up this morng to find her car clamped by ballifs. She said she saw two men outside her flat. She then left to take her kid to school and when she came back her car had been clamped! She called the number and all the baliff said was to pay over £500 in baliff chrgs plus the outstanding parking ticket of £120. She said she didnt have it so they said they would come and tow the car away. She then foned a friend (not me) who removed the clamp and she moved the car. She doesnot dispute the ticket, but the balliff chrgs and the fact that they did not even knock on her door first before clamping the car.
What can I tell her to do? Please advise

[ChloeJane]

First thing tomorrow she needs to file an out of time stat dec.

The links are here.

Traffic Enforcement Centre

http://www.hmcourts-service.gov.uk/c...cationPack.pdf

You will need to have them signed at a local court and immediately fax them to TEC on the page of information that sets out how it works.

By doing this, it will stop further bailiff action for now untill the matter is sent back to the council to deny or accept the reasons you have put on the declaration.

Post back if unsure.

[ChloeJane]

This is a reference guide for information.


7. STATUTORY DECLARATIONS -THIS IS QUOTED FROM THE (TEC CODE OF CONDUCT)

Traffic Enforcement Centre

http://www.hmcourts-service.gov.uk/c...cationPack.pdf

Open up the above document. These are the documents you will be completing.

What does a statutory declaration do.

The acceptance of a valid statutory declaration will always revoke a registration (registration means warrant and.( stop bailiff action putting a stop on the action temporarily. )

Where an acceptable statutory declaration has been filed by a respondent,(you) a copy will be forwarded to the applicant (counsel)(see Annex 11A,23 & 24) and a notice of revocation of registration (see Annexes 13A, 13B & 2 will be sent to both parties.

Once the TEC has issued a revocation order to the applicant and the respondent(s), the Local Authority will be expected to inform the respondent(s) what action it intends to take next or that it intends to take no further action.

A statutory declaration must be signed by the respondent in the presence of a commissioner for oaths, an officer of the county court appointed by the judge to take affidavits, or a justice of the peace and a ground must be indicated (box ticked).

For London Borough Parking Offences (See Annex 21 & 22) the witness must provide a full postal address and only one ground can be indicated on the Statutory Declaration.

The grounds on which a statutory declaration can be filed are:

• the respondent did not receive the notice to owner / enforcement notice;

• the respondent made representations about the penalty charge to the Local Authority concerned within 28 days of service of the notice to owner, but did not receive a rejection notice; or

• the respondent appealed to the Parking / Traffic Adjudicator against the local authority’s decision to reject his or her representation,within 28 days of service of the rejection notice, but had no response to the appeal.

For Congestion Charging the grounds on which a Statutory Declaration can be filed are:

• the respondent did not receive the penalty charge notice.

• the respondent made representations about the penalty charge to the Local Authority concerned within 28 days of service of the notice to owner, but did not receive a rejection notice; or

• the respondent appealed to the Parking / Traffic Adjudicator against the local authority’s decision to reject his or her representation, within 28 days of service of the rejection notice, but had no response to the appeal.

For Vehicle Emissions the grounds on which a Statutory Declaration can be filed are:

• the respondent did not receive the fixed penalty notice.

• The respondent made a request for a variation of the fixed penalty to the authority pursuant to Regulation 19 of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002, but did not receive notification that the amount of the fixed penalty had been reduced or (as the case may be) that the respondents request had
been refused nor of the amount that was payable.

Extending the Time to file a Statutory Declaration

The TEC will review applications to extend the time for filing a statutory declaration, provided the request is made within 36 days from the date of authorisation. The maximum extension period is one calendar month from the end of the 36-day period. A member of staff acting on the District Judge’s delegated authority will deal with applications of extension of time as long as a warrant has not been issued.

Accepting an out of time statutory declaration

Once a warrant of execution has been authorised by the TEC a respondent cannot file a statutory declaration. The respondent may make an application to file a Statutory Declaration Out of Time and complete a Statutory declaration form.

Upon receipt of a completed application and statutory declaration form staff at TEC will check the documents for validity. The statutory declaration will be checked in the same way as if it were being filed in time. The application is checked:

IMPORTANT -CHECK - or it will not be accepted.

correct signature and filed by the named respondent.

that it has been witnessed.

respondent has stated grounds for making the application
outside the relevant period (21 days).

A ground has been indicated on the Statutory Declaration.

For London Borough Parking Offences (See Annex 21 & 22) the witness must provide a full postal address and only one ground can be indicated on the Statutory Declaration.

The application is logged onto the TEC system and a list containing all penalty charge numbers processed is then faxed to the local authorities.

A copy of the forms and all attached correspondence is posted to the Local Authority who then has 14 days to respond indicating whether they are going to accept or oppose the application.

At this stage the Local Authority must suspend any bailiff action on a case until a final order has been made, in compliance with the Practice Direction that supports CPR Part 75.

If the Local Authority accepts the application it will be processed by the TEC as a normal Statutory declaration. The registration will be revoked and the action will be passed back to the Local Authority.

If a Local Authority makes no response to a respondent’s application within the 14-day period then on the 15th day the statutory declaration will be accepted by the TEC. The TEC cannot guarantee the 15th day target in abnormal circumstances.


Unacceptable Statutory Declarations
A Statutory Declaration will be refused by the TEC if any of the following reasons apply:

it has not been signed in the presence of a commissioner for oaths, an officer of the county court appointed by the judge to take affidavits, or a justice of the peace; or

it has not been filed on one of the valid grounds.

If the penalty charge is a London Borough parking offence, the TEC will also refuse the Statutory Declaration for the following reasons:

it has been filed more than one of the valid grounds. (see Annex 26)

if the witness has not provided a full postal address. (see Annex 27)

the named respondent has not completed the Statutory Declaration. (see Annex 25)

The person completing the Statutory Declaration has not stated the form has been completed on behalf of the respondent company.

This is the TEC Code of Conduct on the area. Might be useful as a sticky!

[revdrun]

Thanks for your reply. She told me that she doesnot dispute the original parkg tckt. However, I do not know if she has had any further notification to pay or any subsequent calls/letters re same. If I assume she has, will she still be able to do what you advised? I wont know any further info until l8r. Also, how 'easy' will it b for her to go thur this process (looks complicated).
Once again thanks!

[ChloeJane]

The process is simple honest.

You choose the reasons that are listed as for example, if she did not receive further communication.

As the Bailiffs have already clamped the vehicle, they would claim they have visited previously.

It is important that you phone the enforcement centre and find out when the warrant was issued. What date.

I added the bulk of information as it is important to get the declaration right.

All you need do is click on the links and it guides you through how to fill the form out, but what is important is cross checking it with what is expected and accepted for reasons.

Ask your friend in the morning. Take 10 minutes max to fill out the form, use the reference guide for reasons that are applicable, have it signed and sworn and faxed to TEC and the matter will be withdrawn from bailiffs. After that post back if you get to that point.

** It is illegal, to remove a clamp**

[revdrun]

Thanks again for reply. I will let her know what 2 do. Where will she stand with the fact that she had the clamp removed? Im going to get sum sleep now. THANK YOU!!!

[TaxedAndConfused]

Originally Posted by ChloeJane

** It is illegal, to remove a clamp**

Is it ?

(Genuine question, not having a go)

[10110001]

Yes it's illegal to remove a wheeclamp - unless:

1. The bailiff placing the clamp is not certificated. Check the public register on 0207 210 0516.

2. The bailiff firm does not hold a Category E consumer credit license. Check the public register on 020 7211 8608 and press 1 to search the register.

3. Something is wrong with the warrant or court document.

4. Something is wrong with the traffic violation.

If you remove a wheelclamp, you could be liable for criminal damage unless you are recovering property under Section 3 of the Torts (Interference with Goods) Act 1977. A charge is otherwise unlikely because unlicensed trading is a criminal offence.

Using a cordless lobster cutter, cut the top chain, and one of the two side chains of the wheelclamp. Place the chain into the jaw of the cutter and press and hold the trigger for about 5 seconds until you hear a gronk sound. Pull the clamp away from the wheel and drive away. Use caution, the chains are 8mm hardended high tensile steel and can shatter at high velocity when the rebar jaw closes.

[10110001]

filler..filler

[PizzaMaker]

A bailiff can clamp a vehicle on first visit and charge Attendance to remove, van fee and clamp fee. The normal amount on first visit on a 125 fine is around £430.

I heard that a certain company the other day charged £700 on their first visit.

[10110001]

Only if the authority has given approval for the bailiff to charge attending to remove fee on a first visit.

[ChloeJane]

It makes me laugh when I hear that. A Bailiff can clamp on first visit.

Firstly over 75% of warrants are not valid for enforcement. According to the TEC code of conduct, which is supposed to be adhered to states the following;

On receipt of an authority from the TEC for the issue of a warrant of
execution, the Local Authority shall produce the warrant (PE9) within
seven days from the date of authorisation (see Annex 17).

9.22 A copy of the warrant must be forwarded to a Certificated Bailiff for execution. The warrant must be enforced as a county court warrant. The certificated bailiff must have the warrant in his personal possession when he visits a person or premises with a view to enforcing it and he must produce it on demand to anyone who has reasonable grounds to see it.

So often you don't get to see the warrant. Was it produced with seven days? That is thinking that the Council actually followed protocol at the start to even have the warrant authorised!

The next point is that once passed to the Bailiff they are required to send a letter. 7-10 days is allowed for payment upon receipt of the letter. This is sent second class, so add a further 2 days you could argue by law. So for a Bailiff to clamp on the first visit, he has to prove the letter was sent and received!

Argueable point I assure you.

So you say a Bailiff can clamp on the first visit? The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003 don't make it clear so again an argueable point. So why though, would visits be allowed to be charged for, if they aren't done and they can clamp first time? A visit to collect on the debt agreed, but to go with a van charge and costs......first visit with evidence shown of previous contact, show the warrant, show your certification and ask for the amount due without the van charge reasonable.

Facts are...........the local authorities break the rules. They do not follow the law nor the protocols of the court that issue the warrants! If they did, then I doubt Bailiffs would make such a profit.

So....while no legislation states they have to visit, it again shows how open ended the industry is for self interpretation. Yes, they have to write a letter, they are paid for. Yes they have to visit to collect and it is unreasonable to clamp on the first visit! Argueable point by matters of law.

[revdrun]

Thanks for that last reply. It appears that the councils and the baliffs are counting on us not knowing the law or not being willing to pursue them using the law. You guys and gals are GRRRRRREAT! THANK YOU!!!!!!!!!!!!!

[PizzaMaker]

Originally Posted by ChloeJane

It makes me laugh when I hear that. A Bailiff can clamp on first visit.

Firstly over 75% of warrants are not valid for enforcement. According to the TEC code of conduct, which is supposed to be adhered to states the following;

On receipt of an authority from the TEC for the issue of a warrant of
execution, the Local Authority shall produce the warrant (PE9) within
seven days from the date of authorisation (see Annex 17).

9.22 A copy of the warrant must be forwarded to a Certificated Bailiff for execution. The warrant must be enforced as a county court warrant. The certificated bailiff must have the warrant in his personal possession when he visits a person or premises with a view to enforcing it and he must produce it on demand to anyone who has reasonable grounds to see it.

So often you don't get to see the warrant. Was it produced with seven days? That is thinking that the Council actually followed protocol at the start to even have the warrant authorised!

The next point is that once passed to the Bailiff they are required to send a letter. 7-10 days is allowed for payment upon receipt of the letter. This is sent second class, so add a further 2 days you could argue by law. So for a Bailiff to clamp on the first visit, he has to prove the letter was sent and received!

Argueable point I assure you.

So you say a Bailiff can clamp on the first visit? The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003 don't make it clear so again an argueable point. So why though, would visits be allowed to be charged for, if they aren't done and they can clamp first time? A visit to collect on the debt agreed, but to go with a van charge and costs......first visit with evidence shown of previous contact, show the warrant, show your certification and ask for the amount due without the van charge reasonable.

PM me. The company send the first letter then gives seven days to pay. After 7 days it can be passed to the bailiff.................. ...but can take a lot longer...