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Clamped for unpaid PCN but not at registered address
Hi,
I hope someone can help me, I know I was naughty for not paying my parking fines, but it's a long story, that I'm sure you don't want to get bored with....
But anyway to cut a long story short I have a pcn apparently with Lambeth cancel that has been unpaid (I don't even remember ever parking in Lambeth), but anyway my car was clamped for removal on the 15th of this month outside my fiances flat (on a public road), by the bailiff company Equita. My car was parked legally in an area with no parking restrictions
I was told previously that a bailiff cannot touch a car if it is not at the registered address is this correct? I have been trying to find the relevant legislation, but cannot find it
Also I believe that the clamper has to have an SIA licence, I have checked the site and found no licence details for the bailiff, can anyone enlighten me on how this works.
I owed £185.00 to the Lambeth and they have added £342.17 worth of fees, which I will not pay, that is ridiculous!
Also what would happen if I decided to just bust the chain off the clamp, would I be criminally liable?
Lastly, if they are within their rights to take my car (and I guess I deserve it, if they do), what rights do I have regarding them auctioning it. Am I entitled to anything?
Re: Clamped for unpaid PCN but not at registered address
I stand to be corrected if I am wrong but I don't believe that the baliffs need an SIA licence for clamping in these circumstances. It's only the companies who clamp on private land who need to be SIA registered, as I understand it.
With regards to the issues of what the bailiffs can do, I would suggest you post in the debt section and hopefully a member called TomTubby will come along and advise you.
Re: Clamped for unpaid PCN but not at registered address
Very SIMPLE.
Unless mistaken, your vehicle was located by use of ANPR. The bailiff CAN ONLY visit the address on a Warrant. That is why he will wait to find your vehicle on ANPR.
You need to immediately file an Out of Time late Statutory Declaration.
OUT OF TIME LATE STATUTORY DECLARATION.
Telephone the Traffic Enforcement Centre on 08457 045 007 . They will send you via e-mail an "Out of Time Late Statutory Declaration" .
You need to complete this stating that you did not receive the original pcn or Notice to Owner and state on the PE3 why you are making the declaration late. It is normal to say that the reason for this is that you were unaware of this action until your vehicle was seized. This information needs to be on the PE3.
You need to either take this to a local solicitor to have sworn (approx £5 or to the local county court for swearing (free).
Fax IMMEDIATELY to TEC on the number that they provide for you.
TEC with then inform the bailiff company etc who MUST BE LAW DISCONTINUE any enforcement action until such time as the court has DETERMINED your Stat Dec. (At present approx 2 months)
Ask the Tec when the Warrant of Execution was issued......very important.
Contact the local council who issued the ticket and request a TRUE COPY of the ORIGINAL ticket.
Finally, the bailiff does NOT need an SiA Licence. The Statutory ruling concerning this was amended after complaints from the bailiff industry.
Re: Clamped for unpaid PCN but not at registered address
Confused. Did you get a pcn or not. You said you cut a long story short. Did that mean the bit about a Notice to Owner, Charge Certificate, Order for recovery, etc.
If you didn't receive these then there are things you can do.
Cutting the clamp will almost certainly get you arrested and charged with criminal damage.
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Re: Clamped for unpaid PCN but not at registered address
Originally Posted by BettyBoomBoom
I was told previously that a bailiff cannot touch a car if it is not at the registered address is this correct? I have been trying to find the relevant legislation, but cannot find it
Don't think that's the case having seen a programme on BBC where clampers drive round the City Centre with ANPR camera's and clamp any car that has an outstanding debt that is parked on any public road.
Re: Clamped for unpaid PCN but not at registered address
Originally Posted by sameagle
I should be very careful, if I were you.
You never know, somebody who owns a set of bolt croppers or whatever, could just go down there tonight, and whip the clamp off!
He could have a mate with him to keep watch, and they could both be masked and gloved to prevent identification.
Then if the car were taken to a lockup somewhere, nobody would find it!
Perhaps my imagination is running away with me?
I wonder who's responsibility it would be if the car was removed like that?
Great idea!! What next have plastic surgery and flee to Brazil?
The charge will not go away and each visit from the balliff will increase the size of the costs and I'm sure the removal of the clamp won't help your case.
There seems litte point in owning a car and then hiding it for the rest of its life in a garage, because as soon as you use it you risk getting clamped again.
Re: Clamped for unpaid PCN but not at registered address
Well I DID hear or read somewhere very recently that a bailiff can only serve/enforce a warrant for an unpaid parking ticket at the address at which it was issued - presumably this would also mean that they couldn't clamp/remove the car legally at any other address. Just because they are going around with ANPR cameras in London doesn't mean they're acting legally, we all know the stunts they get up to.
I wish I could remember where I heard this - it might actually have been on the BBC programme but I definately remember it because I remember saying to the missus at the time "that's interesting, that's something I didn't know!"
I only mouth my opinion, please look elsewhere for sensible advice!
Re: Clamped for unpaid PCN but not at registered address
Hi All....
Thanks for all your advice. Actually the strangest thing happened...
The clamp was removed, neither by myself or by anyone I know, I had just given up, and told myself the car was gone, and that after all I deserved it, but my brother called me on Friday morning to ask me if he could borrow my car, he said he'd seen he car the day before with no clamp on it and had assumed that I had dealt with it. I thought he was lying at first, but it turned out to be true.
My fiance thought either myself or my brother had something to do with it, but we didn't.
I guess there must have some truth in what I said earlier, I was told that bailiffs cannot remove a car, from an address other than where the car is registered, by someone from the CAB, plus I am pretty sure there is some act regarding this, but I can't find the info on line.
Re: Clamped for unpaid PCN but not at registered address
Oh per--leeeeze!
Was this all just a spoof?
Your car is far from safe and neither is your bank balance. I can't begin to imagine the various costs the bailliff might be allowed to charge now!?
x hours staking out the RK address to find the car, further 'visit' charges, another clamping and removal, immediate summoning of a private tow firm, storage, auction fees or disposal fees.
I imagine you'd be lucky to see any return on the value of the vehicle at all (depending what it's worth). Might even end up owing yet more and still have no car.
-- but it was never real anyway was it? Are you a bailliff testing the water by any chance?
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Re: Clamped for unpaid PCN but not at registered address
.....Erm!!!! Helloooooo!!!!
What a know it all you are 'Ting'! Where did all that rubbish stem from, I sense you may be watching too much Eastenders.
Do I sound like a bailiff to you? I really would not bother anyones time making up stories, stop being silly, and even if I was I think I would make up more juicier story. It was exactly how I said it was, thank you very much! If you have nothing useful to add, then please add nothing at all... How extremely irritating!
I came on here for some advice regarding my situation, I would appreciate it if someone who actually knows something or actually has some useful advice that either I or someone else in the future can make use of makes a useful contribution to this thread
Re: Clamped for unpaid PCN but not at registered address
What i know is that you are going to lose your car. i don't like the idea but i'm trying to bring you back into the real world!
When asked about the details all you could mange was "yes I got a pcn but ignored it"! or something like that. Why so coy? You ask advice - you get the truth.
What kind of useful contribution do you want other than fact? You have no case, no defence, no reason to dispute the debt and are making things worse by burying your head in the sand.
I sincerely hope that someone can tell you differently but at the moment, quite frankly, you are being stupid and costing yourself more money.
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Had to tell you that as a last ditch attempt to save you some time and money but other than that i shall accept your invitation to FRO.
Re: Clamped for unpaid PCN but not at registered address
Thanks Ting, I'll be glad to let you know when I finally do lose the car as you keep putting it, I'm sure then you'll be happy! What do you suggest anyway, that I call them to put the clamp back on?
I know exactly the risks I face with the car... I was and am prepared to live without it if need be...thank you! I hardly get to drive it anyway, as I don't use it to go to work
I just wanted to know from someone why they could have removed the clamp, they must have done something wrong? Ting need not reply!
Re: Clamped for unpaid PCN but not at registered address
Originally Posted by BettyBoomBoom
I just wanted to know from someone why they could have removed the clamp, they must have done something wrong? Ting need not reply!
Thanks
Since you claim never to have been to Lambeth or received a parking ticket surely that is enough reason to remove the clamp....maybe it was clamped in error?
Re: Clamped for unpaid PCN but not at registered address
Originally Posted by green_and_mean
Since you claim never to have been to Lambeth or received a parking ticket surely that is enough reason to remove the clamp....maybe it was clamped in error?
Ooops, i'm not supposed to be here!
@'mean' - again, have you read the thread? at no point did she say she has never been to Lambeth?
" I received a pcn but did not pay it..." i suppose the demand addressed to the OP for £500+ is also a mistake?
If it was a 'mistake' I hope so, but read a bit more deeply.
Betty, I promise I'll stay out but you are misreading me. I fight and despise Councili tickets for various reasons. Check various threads and see my responses - including the other bailiff case today. In your case you are just being daft and that is all I'm saying. If you get some kind of positive input then good but I can't see it happening.
Please don't insult me by suggesting that I want you to lose your car - it's your problem so don't try to make it mine.
Clamped for unpaid PCN but not at registered address
apparently with Lambeth cancel that has been unpaid (I don't even remember ever parking in Lambeth), but anyway my car was clamped for removal on the 15th of this month outside my fiances flat (on a public road), by the bailiff
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Re: Clamped for unpaid PCN but not at registered address
Originally Posted by BettyBoomBoom
