Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My car was towed away last night, I had to pay £345 (cash) to get it back today.
I had a disabled badge on show as my partner who was in the car at the time is disabled.
I was on the understanding that it is illegal to remove or clamp a disabled vehicle?
The clamping company insisted that it was not on show when they towed it away.
I pointed it out to them when i collected the car, it had slid to the side of the dash, and the clock was on the floor, It had slid when they lifted my car onto the truck. they then said it was not valid as the clock was not on show.
The clamping sign where my car was parked was on the floor as the glue was still wet and it had fallen off, so im thinking they only just put the sign up AFTER i parked.
I have parked in the same place for the past year without problems and there was never a warning about parking
The £345 was bad enough but the inconvenience of getting a disabled person home without transport was worse.
They say i can appeal within 14 days, and they say they have photographic evidence that i did not display a disabled badge, which is impossible.
I had to pay the cost as i needed to retrieve my partners medication which was in the car,, also they were going to charge £40 per day storage.
Any info as what i should do next please?
The company is called Midway Parks Birmingham
Yes, you cant tow, clamp or otherwise immobilise a vehicle displaying a disabled badge.
Since this seems to be a private company:
Was the clamper and tow agent wearing their SIA badges clearly.
Did the reciept they give you have their SIA badge numbers on.
If so, I'd complain directly to the SIA, as this type of thing will loose them their badge.
If you couldnt see their SIA badges, and theres no number on the reciept - you may of been [problem]med by unlicensed clampers.
I would do some research - google the company name, look on companies house to get the registered address and company information, and then write to them demanding your money back.
99% of clamping companies take phots to prove there was no permit displayed / no damage to vehicle - so their photos will prove that there was a badge displayed.
I do wonder if these people are properly licensed - what clamper would risk their badge (and all the easy money it brings in with it) over a disabled badge clearly displayed.
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even if SIA registered (which I doubt) the 345 if far too excessive.
if they are fly by night getting the money back from them will be v.hard.
go for the landowner
thanks for the advise, how do i get hold of SIA to complain?
This is a definite breach of the SIA regulations. The SIA can be contacted at www.thesia.org.uk. You can also make a complaint to the police and/or use crimestoppers.
You have definite recourse via the small claims court to recover your money.
There is a clamping guide in the stickies section which will give you more information.
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Send them a letter giving them 14 days to refund or you'll take them to court.
If they don't and give you BS about how they're in the right, send them a 2nd letter, called letter before action, giving them another 14 days. At the end of the 14 days, sue.
In addition to holding a valid SIA licence, vehicle immobilisers must observe the following requirements:
A vehicle must not be clamped / blocked / towed if:
a valid disabled badge is displayed on the vehicle.
Unless they have proof that your disabled badge was not being displayed, (forget the clock, there's nothing that says the clock has to be on display on the SIA rules), they are going to have a hard time to show the judge they acted lawfully.
Apologies to people who I was in the process of helping, I may be gone some time.
Thanks for all the advice. I have sent them a letter today out
lining the points raised on here.
I noticed that the receipt they gave me has the location of where my car was towed from, as the wrong street to where it was parked.
I checked out there Sia liscence number on line and it came back as valid.
Ill wait and see if i get a response, if not ill take it to the small claims after i report them to the SIA.
I took Midway Parks to court and won.
They were told to repay me any money they had taken. They never did so the bailiffs were instructed to collect it.
They said that there was nothing of any value at the premises to remove.
So it looks like these guys win no matter what the outcome.
I took Midway Parks to court and won.
They were told to repay me any money they had taken. They never did so the bailiffs were instructed to collect it.
They said that there was nothing of any value at the premises to remove.
So it looks like these guys win no matter what the outcome.
They can't wriggle our of a "Contempt of court charge" which can carry a jail sentence. Find out of you can pursue that line somehow and make it really awkward for them. As it may be a court issue ther should not be any further costs involved. You just have to find the right buttons to press.
I took Midway Parks to court and won.
They were told to repay me any money they had taken. They never did so the bailiffs were instructed to collect it.
They said that there was nothing of any value at the premises to remove.
So it looks like these guys win no matter what the outcome.
was the judgement against the bailiff company or the bailiff ? if it was the company what was the company name ? I cannot find a Midway Parks company.
Surely the tow truck would be registered to them and you could get an attachment on it. Perhaps observe the compound and take note of the registration number of any tow truck bringing in a car.
Surely the tow truck would be registered to them and you could get an attachment on it. Perhaps observe the compound and take note of the registration number of any tow truck bringing in a car.
It may be registered to them, but you can be sure that some other entity is the owner.
The summons would have been against the company and not the individual owner so if the truck belongs to the company it could be a legitimate catch. If it is on lease then another story but if it is impounded the owner will need to come out of hiding. Of course the other way could be to apply to have the company shut down due to contempt of court and other issues.
Disabled vehicle towed away.
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Originally Posted by Mutley12345
