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Help N244! Bailiff taken car, Stat dec OOT refused
Hi everyone, found this forum in a desperate search to sort out a pickle i'm in. So thought to request if anyone with more knowledge about bailiffs/processes and filling out forms can help me out here please?
Basically i am in the middle of disputing a parking fine with local council in London.
Story Goes.
April 2007 Car breaks down, immobilizer & electrical error I pulled over and put car in safe place. On car stopping, alarm goes haywire and locks doors and does windows up.
I have an emergency door release system in event of the electrics failing, so used this method to get out, phone and other personal stuff in the car is still left in i go to the boot to get out my bag, car goes into lock-down, locking me completely out. After fiddling with a secret method to get in, having to borrow a few tools to return ticket on car. (They work fast in London)
Appealed ticket, with explanation & receipts of work done to car.
Council claim as it was not towed away, so it didn't break down. Specialist garage outlines the faults in invoice.
Appeal rejected.
Resent appeal, nothing heard... and over time just forgot about it...
New year 2008 Jan
Buzzer with someone just asking for my name, go down and see who it is; he as being very shady.
Bailiff presents me piece of paper saying I owe him £498, I asked him what it was for - he told me a PCN, asked for more information, as i had no idea about it at all. he said they and he had sent letters (I had not received).
I responded i would that I need to know more about this before i start handing out £500 - he responded every time he turns up his costs go up considerably.
Stated I would be in contact; closed door. Shocked, I searched internet, made about 30 calls to org's for help as had no idea about the process. I spoke to local council, they claim as the letters were sent 1st class mail they deem the letters turned up, very unhelpful and getting conflicting information about how they can get my car back if I file some forms.
By this time found out about PE2 and PE3 forms (statutory declaration out of time) phoned local council & bailiff office to keep in loop, went to get PE2 and PE3 forms signed on my bike in the week, returned home picked up mail at the bottom of the door, found letter stating £900!! is now owed and “we have taken your car at 5:30AM” bailiff need a van and a truck and 2 bailiffs to take my car – costs for van and truck hire are ludicrous!!... Went outside to see car was missing (off street parking - car is not always outside my house).
Called bailiff to find out they had taken it - despite me keeping in the loop. (i think they saw the car make and thought "happy days") Bailiff office deny me calling to let them know of the steps i was taking, I have call records they I called their number bailiffs say local council should’ve informed them. but this never happened.
In panic sent forms to TEC via fax and email, and chased for 2 weeks pretty much everyday.
Statutory declaration out of time refused, no grounds given as its all done in private (great legal system!)
now have N244 application, filling out now, and i'm stuck on this form. i've "Sets aside the Court Officer’s Order" but no idea on how long i need for time what do i put in:
Part A (3) (Briefly set out why you are seeking the order. Include the material facts on which you rely, identifying any rule or statutory provision)
Do I include evidence to support original appeal against the ticket; I never received a rejection to the second appeal, which i sent 1st class which I cheekily said I deem this as you receiving it, since that was their policy.
I cannot prove I didn’t receive the Statutory declaration, bailiff said he sent letter, never saw this, I get tons of junk mail and throw out any letters without stamp or address to me on.
Also I’ve been informed –if the seizure was not on your property or on the highway directly in front of your property, they may have committed an offence. (Statute of Marlborough Law)
Advice and help please…. car has been with bailiff nearly a month now.
Thanks
Deano
Re: Help N244! Bailiff taken car, Stat dec OOT refused
Hi patrickq1,
its the N244 application that i need help with more, the bailiff i think has acted out the warrant, whether he has done it legally i'm not sure, certainly sneakily, and whilst i was trying to get the bottom of the issue, he seemed to speed up the process when i informed him of what i was doing.
also the lack of help from anyone regarding this from local council, tec, and bailiffs... its like the system is just to send you round in circles and misslead you.
If you have a complaint about a certificated Bailiff, there is a very simple procedure that you can use, which is dealt with very quickly, but more importantly is free.In the bailiff profession, this is commonlly refered to as a FORM 4 COMPLAINT.
ring up the court for this form and let them know you are making an official complaint i will get a mod to look at your thred and answer your questions as to what to do
patrickq1
Re: Help N244! Bailiff taken car, Stat dec OOT refused
Good Grief Really hope you get your car back without and problems.
sorry im not any use on the forms but just thought i would pop on and say "Good Luck".
I know if my car was taken i would be climbing the walls and mine is rubbish, you dont say what your car is but from the sounds of it, it wouldn't fit the same category as "rubbish" lol
Re: Help N244! Bailiff taken car, Stat dec OOT refused
In very similar circumstances I said this on my N244:
intend to apply for an order that
SETS ASIDE THE COURT OFFICER'S ORDER TO REFUSE MY APPLICATION TO FILE A STATUTORY DECLARATION OUT OF TIME
because
I HAVE NOT BEEN NOTIFIED OF A TIME LIMIT. NO DOCUMENTS RELEVANT TO THIS HAVE BEEN RECEIVED.
In part C you could say that you understand, due to wholly unexpected enforcement action, that a time limit of some description has passed.
You will need to take as much as possible to court, (in relation to what documents you have received/sent) but if you have sworn that you have not received documents, which should be sufficient, you cannot be expected to prove a non-event.
Once the N244 is accepted you can get your car back.
There is no reason for you to believe that anything they or the bailiffs say was sent, was sent. Especially the bailiffs, it’s a well rehearsed [problem].
I am campaigning on this issue by including it in a judicial review. I would appreciate being in touch with you as you have another example of the same problem, could you pm me?
Re: Help N244! Bailiff taken car, Stat dec OOT refused
“we have taken your car at 5:30AM”
I had an idea that bailiffs can't operate before 8am or after 8pm. Anyone got clarity on this? Debt Basics - Bailiff Guide - know your rights "Can a bailiff call at night or on a weekend?
Only bailiffs collecting rent are obliged to call between sunrise and sunset, all other bailiffs can call at any time of day or night. However most bailiffs should call at a 'reasonable' time, either during normal office hours or between 8.00 a.m. or 8 p.m."
Are they obliged to let you know that they are about to remove your vehicle?
Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.
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Re: Help N244! Bailiff taken car, Stat dec OOT refused
UPDATE:
i won the appeal of my N244, where do i now go from here, seems like i'm going to go round in circles. Judge was very unaware of the process and offish towards me. Wandsworth council did not show.
I now have the car back after paying £936.63 for the privilege.
There was also 1700+ damages to my car, including paintwork, exhaust being ripped off.
I have not added up costs of time and receipts for fuel travelling, calls etc. yet.
Now the N244 appeal has been granted, at what stage do I get to ask for this back?
Help N244! Bailiff taken car, Stat dec OOT refused
/processes and filling out forms can help me out here please?
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Originally Posted by robin9342
