Thread: HELP! My car towed away for previous owners unpaid parking tickets?

Hi everybody i bought a car through a private sale and paid cash and was given a hand written receipt together with my part of the log book and the seller kept his part filled with my details ready to send to the dvla (what the law requires). The car needed some minor repairs and was dropped to my house after completion, the next day I went on holiday to Brazil after 8 days of my holiday I received a voicemail from one of my neighbours that my car had been taken away by bailiffs after being clamped for a couple of days.
To cut a long story short I made my way back home and was advised that the car was removed after being detected by a vehicle containing a scanner that spots cars with outstanding county court warrants, to my surprise the car had a few outstanding warrants with the previous owner and so they took my car.

I contacted the bailiffs and advised them that I was new owner of the vehicle and they told me they did everything within the law and the vehicle was still registered to the previous owner so they could remove the car, I then explained to them that i had a receipt and the other half of the log book whilst i wait for the registration document to come from the dvla.

They asked me if I had insurance for the car and I said no because it was in the garage and they delivered my car back to me once they had completed the work and the next day I went on holiday. They advised me as far as they were concerned I had no proof that I was the new owner and that the receipt I have for the vehicle could of been written by anybody.

I contacted the council and pleaded my case to them and they ordered the bailiffs to return my vehicle.

The bailiffs Director then contacted the councils Director explaining to them that they were not prepared to release my car? the council then advised me it was out of there hands and I must now deal directly with the bailiffs. I have since sent the council a letter explaining that I hold them totally responsible and that I'm not liable for any fines or costs incured. PLEASE CAN ANYBODY HELP ME!

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Originally Posted by richardbox82

Hi everybody i bought a car through a private sale and paid cash and was given a hand written receipt together with my part of the log book and the seller kept his part filled with my details ready to send to the dvla (what the law requires). The car needed some minor repairs and was dropped to my house after completion, the next day I went on holiday to Brazil after 8 days of my holiday I received a voicemail from one of my neighbours that my car had been taken away by bailiffs after being clamped for a couple of days.
To cut a long story short I made my way back home and was advised that the car was removed after being detected by a vehicle containing a scanner that spots cars with outstanding county court warrants, to my surprise the car had a few outstanding warrants with the previous owner and so they took my car.

I contacted the bailiffs and advised them that I was new owner of the vehicle and they told me they did everything within the law and the vehicle was still registered to the previous owner so they could remove the car, I then explained to them that i had a receipt and the other half of the log book whilst i wait for the registration document to come from the dvla.

They asked me if I had insurance for the car and I said no because it was in the garage and they delivered my car back to me once they had completed the work and the next day I went on holiday. They advised me as far as they were concerned I had no proof that I was the new owner and that the receipt I have for the vehicle could of been written by anybody.

I contacted the council and pleaded my case to them and they ordered the bailiffs to return my vehicle.

The bailiffs Director then contacted the councils Director explaining to them that they were not prepared to release my car? the council then advised me it was out of there hands and I must now deal directly with the bailiffs. I have since sent the council a letter explaining that I hold them totally responsible and that I'm not liable for any fines or costs incured. PLEASE CAN ANYBODY HELP ME!

Pop down the Police Station and report it stolen, the baliffs have taken your vehicle without consent and any legal juristriction since YOU as the owner do not owe them a penny.

They say because I'm not yet the registered keeper on the dvla records they are totally within there rights to take the car, which has warrants in the name of the previous owner and it could take up to 6 weeks for the logbook to come back. They also say that when it does come back it still does not prove I'm the owner in this time they can auction the car.

Originally Posted by richardbox82

They say because I'm not yet the registered keeper on the dvla records they are totally within there rights to take the car, which has warrants in the name of the previous owner and it could take up to 6 weeks for the logbook to come back. They also say that when it does come back it still does not prove I'm the owner in this time they can auction the car.

They may say many things but what they say and whats legal are two very different things. Assuming this is not a '[problem]' and you have not aquired the vehicle from a friend to escape the fines they are not entitled to take the vehicle if you have proof of ownership.

Hi, richardbox. Have you asked DVLA if they have received a notification of change of ownership from the previous keeper? If the previous owner fails to send it to DVLA then a new V5 will not be issued in your name, without you filling in an application for a new V5.
You say it was a private sale, how did you come to know of it? Was it through an advert, or was it someone you knew?
The bailiffs act as agents for the Council, so ultimately the Council is responsible.

I have contacted the DVLA I they have said that it has not shown on there system as yet, and I must wait up to 6 weeks and it's a busy period for them with the Bank holiday and the new 2008 reg plates.

I got to no of the sale through someone I new and the council now keep telling me it's out of there hands and I must deal with the bailiffs.

Originally Posted by richardbox82

I have contacted the DVLA I they have said that it has not shown on there system as yet, and I must wait up to 6 weeks and it's a busy period for them with the Bank holiday and the new 2008 reg plates.

I got to no of the sale through someone I new and the council now keep telling me it's out of there hands and I must deal with the bailiffs.

Might be worth PMing Tomtubby or Screwthebailiff who normally post in the bailiffs section and see if they can offer any suggestions.

Richard-Green and Mean had the best suggestion-go to the Police. As long as
you were not colluding with the previous owner then that should be your best
line of attack to recover your car before the bailiffs auction it.

The Police have said it is a civil matter and they can't get involved and if they do only to keep the peace and told me to seek legal advice. Because the car is still registered in the previous owners name.

Originally Posted by richardbox82

The Police have said it is a civil matter and they can't get involved and if they do only to keep the peace and told me to seek legal advice. Because the car is still registered in the previous owners name.

So what they are saying is if it WAS stolen they would do nothing because they think technically you don't own it?? The DVLA only keeps a record of the registered keeper, baliffs can only take goods belonging to the person who owes them money. They have no legal grounds to take YOUR car once you have informed them of the change of ownership and in keeping they are commiting a crime.

The bailiffs don't seem to be worried at the least so I'm going to the county court to plead my case and obtain an order.

Originally Posted by richardbox82

The bailiffs don't seem to be worried at the least so I'm going to the county court to plead my case and obtain an order.

Don't forget to issue a claim for your losses, inconvenience, replacement car etc .

Originally Posted by richardbox82

The bailiffs don't seem to be worried at the least so I'm going to the county court to plead my case and obtain an order.

G&M is bang on. I'd be inclined to go back to the Plod. If they won't play ball ask to speak to a senior officer and put your case to him.

Point out that the change of ownership came about as soon as you paid the dosh and is not dependent on the DVLA receiving the paperwork on the change of RK.

As this is a breach of the law insist that your vehicle has been stolen and that you expect the police to investigate and assist you in its recovery.

If they still seem reluctant then I would make a formal complaint to the IPCC. The threat of that may wake them up to their responsibilities.

Originally Posted by kaz_1

exactly the same thing happened to me aswell, bought a car non starter on sunday, parked it up off road until it could get fixed and it got clamped today i rang the number on the sticker and next min car was towed away.

how did you get your car back?

i havent got any insurance on the car either. but have got reciept and my part off log book. but my friend has got traders insurance and is willing to help if he can.

i think there were about 8 outstanding tickets thats what the guy said.

How did they find it if it was not at the previous owners house?

i havent got a clue, it was about 2 miles away from the previous owners house, in the same town,

i think one of those vans with number plate recognition must have clocked it or something, but i was shocked..

and the baileff was not being any help, he doesnt give me any straight answers. i asked him what i need to show him, he gave me the number for his office which turned out to be a payment number that guy was useless aswell.

What concern is it of a private firm of bailiffs as to whether or not you have insurance? Surely all that is necessary is for you to prove you are the owner of the vehicle?

thats what im telling them.
but they are insisting that there is insurance on the car, i told them that there is shown them the certificate told them to even ring the company who will confirm that car is insured etc etc.

they keep going on about it for some reason, and are saying its unlikely that ill get the car back.

i shown them the new keeper suppliment and reciept and the saying i could have back dated that and made it up.

how else can i prove that i am the onwer of the car?