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.
Clamped and fined relating to traffic offence I knew nothing about! Help!
Hi,
I'm a first time poster, so please be gentle – I’m in dire need of some help.
Yesterday evening (17.12.08.) I received a call from my neighbour (I am currently working in Europe, due to return to Manchester tomorrow - 19.12.08 informing me that my car (parked outside my home) had been clamped. She kindly provided me with the number of the bailiffs (Marstons), whom I duly called in order to clarify the problem. They informed that, in relation to an unpaid traffic offence (driving in a bus lane) committed on the 24th February 2008, my car had been clamped, and would be removed unless the total value of the outstanding fine (£182.50) and associated clamping charges were paid (bailiff attendance charge £96.50 and release fee £150.00), totalling £428.
This was the first time I had been made aware of the incident, the impending fine, the degree to which the fine had grown and the ultimate impact of my failure to respond.
Following various phone calls to the DVLA, insurance companies and friends, it transpired that - at the time of committing the offence (24.02.08.) my vehicle was registered at my previous address and I had not re-registered it at my new address until the 22.03.08 (in line with tax disc renewal). It would appear then that all mail relating to the incident had been sent to my previous address and not redirected at any point following re-registration. I appreciate that I should have re-registered the vehicle immediately upon moving to my new home, but unfortunately, I didn’t, hence my failure to be made aware of the offence and associated fine.
The upshot is that I have paid the clamping charge given that the bailiff’s were adamant that the vehicle would be impounded at extra cost (£150 removal, £15 per day storage), laying it on quite heavy with regard to the potential costs I may incur in the long run should an appeal fail etc. I had no real option, after corroborating the information and confirming their legitimacy, but to pay the fine. I have requested a receipt from the bailiff’s head office and the attending agent was asked to drop one through my letter box. My neighbour has since confirmed that the clamp has been removed.
Naturally, had I been aware of the offence in the first place I would’ve paid it immediately (I guess everybody says this!), assuming that I agreed with it!
It was incredibly difficult for me to do anything else, given that I was out of the country, not even aware of the offence in the first place and concerned about potential costs of non payment.
I understand there is a form called an “Out of Time” document which may help me, but I’m also concerned that, given that I’ve paid the fine, it may be too late for me to reclaim any of the associated costs? If I’m honest, I’m absolutely devastated, as I consider myself to be as honest as the next person and have not intentionally avoided paying the fine. I feel as though these actions and degree of cost incurred is completely unjust and unnecessary. And although I understand that I’m not without blame and should’ve re-registered my vehicle earlier, I would have taken the fine on the chin and paid up.
Clamped and fined relating to traffic offence I knew nothing about! Help!
(Marstons), whom I duly called in order to clarify the problem. They informed that, in relation to an unpaid traffic offence (driving in a bus lane) committed on the 24th February 2008, my car had been clamped, and would be removed unless the total value of the outstanding fine (£182.50) and associated clamping charges were paid (bailiff
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