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.
I have declared my car as SORN 2 years running and it has been parked in a retail car park (privately owned), however I came home from work yesterday to find that my car was missing. I spoke to the local furniture shop and found out that a truck had lifted the car that morning.
At the beginning of the year I found a red sticker on my car saying that it had been seen on the public highway etc but no contact number (the car hadn't moved from the private car park), I then received a letter from the DVLA 2 weeks later asking if I was the registered keeper and for an explanation, I replied explaining I was the keeper and that the vehicle was declared SORN and kept on a private car park. I received a letter from the DVLA on the 13 Feb to say that they were happy with this and no further action would be taken.
Back to present day, I phoned the DVLA this morning asking if there were any issues with the car and if they had removed the car, they said no and that there were no outstanding notices, advised to phone the police, which I did, who informed me that NCP who work for the DVLA had impounded the car. I spoke to NCP and asked why they had impounded the car since it had a SORN statement and it was on private land, they explained that they could clamp and then remove the car as it was unlicensed. I then spoke to a very helpful chap at the DVLA who said NCP didn't have the authority to do this and he even tried to talk to them but it's like talking to a brick wall!! The chap from the DVLA is sending me a form out tomorrow and asked me to email the wheelclamping people which I have done.
The main problem is that I don't know where I stand legally, I have confirmation that my car has a SORN statement, that isn't in dispute and a letter on the 13 Feb from the DVLA saying they are ok with the car being parked off road on private land but NCP won't budge and return my car without first paying £260 plus £21 per day that it is there.
According to Watchdog they have and even court orders haven't made them return the property or refund those that have paid.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
There is a local NCP van that parks near where I live and soon I will fill his windscreen with pretend parking tickets
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
Then hide around the corner and film his return and put it on YouTube.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
I DO hope that you won't use a water-insoluble glue.
Be green, there is a word too many in there.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
get neighbour(s) to put up a sign. " Contractual Agreement. Any NCP vehicles that park within 15 metres of this sign etc etc" Please tell me its a private road !
We have written to Watchdog and still waiting for a reply! Does anyone have any advice as to what I do next, I have complained to the email address (wheelclamping) that the DVLA provided but haven't even received a reply yet, I am now concerned that the 7 day time limit will be up in a few days when they will be able to dispose of my car, can they do that when there is a disagreement?
BTW - Someone in the DVLA also posted me an internal memo which quite clearly states 'Where there is no reason to believe the SORN has been breached the vehicle CANNOT be wheel clamped or impounded' and then it goes on to list places where the car can be parked with a SORN, which are:
Parking bays and car parks associated with housing association flats
Housing Association roads
Supermarket car parks
Retail Car park (which is where mine was, and it is also private)
Works car parks
Council owned car parks
Pub car parks
Waste ground, parks or common ground
Unadopted road/alley.
Also on the SORN application form, the only stipulation is that 'the car will not be used or parked on a public road from the date given on the declaration'
You seem to haave all the paperwork and evidence required, now go for the throat and issue a summons and include the cost of getting it from their compound back to where it was and any other out of pocket expenses.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
You seem to haave all the paperwork and evidence required, now go for the throat and issue a summons and include the cost of getting it from their compound back to where it was and any other out of pocket expenses.
I would suggest that you send a letter before action to their registered address as per Civil Procedure Regs. As NCP are a limited company their registered address is available at companies house. AIUI there are several different companies that operate under the NCP name (National Car Parks Limited, NCP Limited etc) - they are different entities so you need to make sure you get the right one.
Send it recorded delivery so that their is an auditable trail or else they may try and claim they didn't receive it.
Give them 7 days to comply then issue an action against them in the court.
BTW I would suggest a formal complaint to the police as IMV this is TWOC. You might need to involve a senior officer as they are likely to tell you it's a civil matter.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
Ok, I have written a letter to the Customer Relations Manager (DVLA) copied to the NCP Sheffield and will definitely send it Recorded delivery. I have also phoned NCP and told them that I dispute the legality of the vehicle being taken and that they are not allowed to do anything with the vehicle until this dispute is resolved. I have also enclosed copies of all evidence proving that they unlawfully removed the car and I have asked NCP to return my car within the next 7 days (undamaged) or face a court case.
I still end up questioning myself as to whether I have done something wrong, they just make you feel as though I am the one to blame.
Watch this space, even the contact I have been speaking to at the DVLA is fighting my corner and point blank said that NCP will keep refusing to listen to your argument in the hope that you will finally give in and pay up!!
recorded delivery isn't always recorded. Use Special Delivery then they can't wriggle past the delivery of the letter when you take them to court. It is highly likely that their paperwork breaks several statutes (it normally does) this can be added to your case.
I have experienced a similar problem when my stolen car was parked on a site controlled by a private company. by the thieves The company refused to return it even though i provided evidence and the police reng them to explain They wanted £1500 to return the car or threatened to sell or crush it. As I had no idea where it was i paid the release fee (by credit card) and got the car back. I then obtained a CCJ against them which I am now pursuing using HCE bailiffs. The big issue is that it takes too much time to get an order for specific performance and in that time they dispose of the car.
Sorry, it sounds like you have had much more trouble than I have....
I have a question, since NCP work for the DVLA in removing unlicensed vehicles should they also not be regulated by them, it seems that they have been given powers to clamp, impound, dispose, crush and charge extortionate amounts of money but with no penalty if they get it wrong. When I have spoken to the impound all I get is the same 'you will have to pay the release fee etc', the fact that I don't have this money and that I haven't done anything wrong doesn't matter.....
Impounded Car - help
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Business Studies BA(Hons) 2:1
Originally Posted by Rooster-UK
