URGENT! Clamped on private property for unpaid parking ticket

[sideshowbob]

My mother has just been clamped outside her flat for an unpaid parking ticket. the flats are located on a private estate. She is disabled and cannot go anywhere without her car and the company are demanding £600 for release which she cannot afford.
Does anybody have a solution to the problem?
Is it unlawful for her to be clamped whilst parked on a private road?
Is there anyway to get the clamp removed without paying the release fee?
It is very important for me to get this sorted out for her quickly. She has hospital appointments, and cannot even go to get food without the car, but has no means of coming up with £600.

[nero12]

Originally Posted by sideshowbob

My mother has just been clamped outside her flat for an unpaid parking ticket. the flats are located on a private estate. She is disabled and cannot go anywhere without her car and the company are demanding £600 for release which she cannot afford.
Does anybody have a solution to the problem?
Is it unlawful for her to be clamped whilst parked on a private road?
Is there anyway to get the clamp removed without paying the release fee?
It is very important for me to get this sorted out for her quickly. She has hospital appointments, and cannot even go to get food without the car, but has no means of coming up with £600.

have you recieved or seen a warrant of execution or notice from a baliff , how old is the origional ticket


Ps not 100% but clamping a registered disabled persons car is illegal, tho not sure maybe someone can verify im prety sure tho.


were you showing a registered disabled drivers badge.

[sideshowbob]

Thanks for replying nero- im in a bit of a funny situation. Im trying to sort this out for my mother after her crying down the phone to me, in a blind panic at 7.30 this evening. She suffers from a heart condition and any stress exhausts her. because of this i cant reach her on the phone to ask her these questions, she is just ignoring the phone.
From what i have been able to find out-
1/ She has seen a notice from the bailiff to recover goods- nothing said about clamping a car as far as i am aware.
2/ She is registered disabled with a blue disc which i think she was displaying in the car.
3/ I have no idea how old the parking ticket is, but recently she talked about being in the process of disputing one. knowing her illness and circumstances she may not have replied to a dispute in time.

After just speaking to her partner he seems to have rung up the bailiff who has agreed to remove the clamp if she gives him walking possession to the property. Now i know that you NEVER intentionally give walking possession to a bailiff. Does anyone else have any thoughts on the matter?
Does anyone alse know the law about clamping disabled vehicles?
Sorry for the urgency but im worried for my mother, this is the sort of problem that can set off a heartattack, and the bailiff is due to call again in the morning.

[ThisIsRacket]

sideshowbob, start reading this (just copy and paste the address into your address bar): http://www.consumeractiongroup.co.uk...riff-officers/ - it is a part of this consumer forum group, sticky notes first then posts that might be relevant. (Also found this page: Consumer Debt and Bailiff Advice - Hello & Welcome , BUT not sure how good it might be, looks ok at first sight) meanwhile people here will have time to respond.

[tomtubby]

Can you let me know the name of the bailiff so that I can check if he is certificated ( and the name of the company who he works for). Can you ensure that you send this info by private message ONLY.

I am very shocked that the bailiff has done this very shocked indeed.

If your mother has grounds, she should immediately consider filing an Out of Time late Statutory Declaration. This should ensure that the clamp is removed straight away. If you require any help if completing the forms please let me know.

Finally, as the bailiff has now seized the car he must by law have left behind a breakdown of the fees and charges, Notice of Seizure and a copy of the Warrant of Execution. Did he provide these?

[pin1onu]

This should probably go in the bailiff section. I've sent a PM to one of the bailiff experts, Tomtubby, asking him to take a look.

It might be worth you PMing him directly for advice.

[tomtubby]

This should probably go in the bailiff section. I've sent a PM to one of the bailiff experts, Tomtubby, asking him to take a look.

It might be worth you PMing him directly for advice.


Tomtubby........is a SHE

[nero12]

Originally Posted by tomtubby

This should probably go in the bailiff section. I've sent a PM to one of the bailiff experts, Tomtubby, asking him to take a look.

It might be worth you PMing him directly for advice.


Tomtubby........is a SHE

anyone clamping a registered disabled persons car should be sacked and beaten up!!

[ThisIsRacket]

Tomtubby, thumbs up to the she, well pointed out, kudos to a woman who knows her stuff. We, silly, mostly self-centered and blinkered men, always presume the he.

[sideshowbob]

Tomtubby- thank you and everyone else on this forum for the amazing amount of support i felt after reading your replies. My internet went down last night while i was trying to respond and it still hasnt come back up yet!
Unfortunately i failed.
After the internet going down last night i couldnt get anymore information, and i arrived at my mothers house too late this morning. The Bailiff had been. He had managed to get walking possession by basically intimidating a disabled old woman into letting her into the house, after taking away her only link to the outside world. Im sorry if this sounds a bit melodramitic, but im currently typing this from her computer, and seeing the state she is in i am so ANGRY!!!!!!
But i do have more information. The only piece of paper my mother was given when the car was clamped was a headed letter from the Bailiffs company saying- "Notice of Bailiff Having Visited". To me it looks like a standard letter saying that a bailiff has called to request the amount, and will be returning again for another try at a later date. It is signed by an undecipherable name. No Breakdown of fees and charges was left, Nothing that looks like a warrant of execution was left, and Nothing saying notice of seizure on it. The only other thing that was left was a sticker on the car saying that "it is a criminal offence to interfere with or try to remove the clamp".
When the bailiff returned this morning he told my mother that he would not remove the clamp unless he could enter the property. Apparently he walked in, walked out, and that was that. After my mother telling him that she suffrered from rheumatoid arthiritis, and had had 3 heart attacks, as well as currently having a dislocated shoulder that she is waiting for an operation for (shes been waiting for 2 years!) his attitude changed and he became more helpful. He said-"he would speak to the court and see what he could do".
Apparently when he left he didnt leave any documentation, and he didnt get my mother to sign anything. But she says he did walk round the property and take notes.
I suppose i should stop worrying because the clamp has now been removed, but im worried about what their next move might be.
Its really sad. My mother is ill after catching a virus whilst working as an NHS nurse for 30 years. This virus led to rheumatoid arthiritis that has totally disabled her. She has spent her entire life looking after people, and now she has to deal with this sort of thing on a daily basis. Unfortunately i also got ill through work 5 years ago, and am not much use to her.
Rant over.

[nero12]

Originally Posted by sideshowbob

Tomtubby- thank you and everyone else on this forum for the amazing amount of support i felt after reading your replies. My internet went down last night while i was trying to respond and it still hasnt come back up yet!
Unfortunately i failed.
After the internet going down last night i couldnt get anymore information, and i arrived at my mothers house too late this morning. The Bailiff had been. He had managed to get walking possession by basically intimidating a disabled old woman into letting her into the house, after taking away her only link to the outside world. Im sorry if this sounds a bit melodramitic, but im currently typing this from her computer, and seeing the state she is in i am so ANGRY!!!!!!
But i do have more information. The only piece of paper my mother was given when the car was clamped was a headed letter from the Bailiffs company saying- "Notice of Bailiff Having Visited". To me it looks like a standard letter saying that a bailiff has called to request the amount, and will be returning again for another try at a later date. It is signed by an undecipherable name. No Breakdown of fees and charges was left, Nothing that looks like a warrant of execution was left, and Nothing saying notice of seizure on it. The only other thing that was left was a sticker on the car saying that "it is a criminal offence to interfere with or try to remove the clamp".
When the bailiff returned this morning he told my mother that he would not remove the clamp unless he could enter the property. Apparently he walked in, walked out, and that was that. After my mother telling him that she suffrered from rheumatoid arthiritis, and had had 3 heart attacks, as well as currently having a dislocated shoulder that she is waiting for an operation for (shes been waiting for 2 years!) his attitude changed and he became more helpful. He said-"he would speak to the court and see what he could do".
Apparently when he left he didnt leave any documentation, and he didnt get my mother to sign anything. But she says he did walk round the property and take notes.
I suppose i should stop worrying because the clamp has now been removed, but im worried about what their next move might be.
Its really sad. My mother is ill after catching a virus whilst working as an NHS nurse for 30 years. This virus led to rheumatoid arthiritis that has totally disabled her. She has spent her entire life looking after people, and now she has to deal with this sort of thing on a daily basis. Unfortunately i also got ill through work 5 years ago, and am not much use to her.
Rant over.

how are you getting on, have you contacted Tomtubby??

[pin1onu]

Originally Posted by tomtubby

This should probably go in the bailiff section. I've sent a PM to one of the bailiff experts, Tomtubby, asking him to take a look.

It might be worth you PMing him directly for advice.


Tomtubby........is a SHE

A thousand apologies...............

[sideshowbob]

Many apologies to everyone that has been watching this thread that i havent replied sooner- i have just got internet access back after it going down after my last post.
I have contacted tomtubby who has been very supportive and will reply to her last pm as soon as there is space in her inbox (im quessing that if she is this helpful towards everyone then she must have a lot of messages!).
There have been no more developments to date- we have heard no more from the bailiffs. My mother is going into hospital for an operation so sorting out these problems is on the back burner for now.
As soon as i hear anything i will post it up here.

[green_and_mean]

Originally Posted by ThisIsRacket

Tomtubby, thumbs up to the she, well pointed out, kudos to a woman who knows her stuff. We, silly, mostly self-centered and blinkered men, always presume the he.

Its not just men who make assumptions.....

Can you let me know the name of the bailiff so that I can check if he is certificated ( and the name of the company who he works for). Can you ensure that you send this info by private message ONLY.