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  1. The following is from the BBC News today: http://www.dailymail.co.uk/news/article-4057088/Car-clampings-double-tax-discs-axed.html
  2. I thought vehicle clamping wasn't allowed in Scotland https://www.scotcourts.gov.uk/about-the-scottish-court-service/scs-news/2016/11/24/fines-dodgers-pay-up-after-cars-clamped
  3. My wife took our car to her work today, parked in a bay that lets her stay for 3 hrs. S he works part time. Came back at dinnertime to find the car clamped with no note or stick left on the car and no identifying marks on the clamp apart from a "H" cut into it. She collared a warden who said it was nothing to do with him, and who checked with the local council, no record of them clamping the car. She checked with the police who checked the car was insured/taxed/MoT'd etc. They also contacted DVLA, and there was nothing outstanding, no warrants etc. (I'm sure I'd remember one). The Police advised us to cut it off, so we did. Should I expect any comeback and how should I deal with it??
  4. Can a HCEA - Agent - clamp a car on my private drive?
  5. My husband is on dialysis 3 times a week and was in hospital with a chest infection at the time. I will be as succinct as I can. Our old car gave up the ghost and had a Exemption Car Tax attached to it. We bought a stop gap car which was a category 'C'. The garage gave us 2 forms, 1 to obtain a log book and 1 to apply for car tax. I switched the insurance from the old car but during all this my husband was ill ... panic to a certain degree. I tried to find a website on the DVLA to explain the fact our Tax was exempt and it needed to be switched to the new car but of course I needed the replacement log book (this takes up to 5 days). I paid the clamping fee of £260 and the woman on the end of the phone said I could try appealing when she had listened to my story of why it was not taxed but told me to take it off the road, I then considered renting a car but thought why don't I pay the £99 for 6 months car tax (would be cheaper). I went to the post office and they did it all for me .... the application for the log book and the car tax was paid. I think this was a bit of an unusual case where the Tax Exemption comes in....and the time frame. Where do I appeal for the cost of the £260 ...
  6. Nearly 100,000 cars have been clamped or towed away by the DVLA following the removal of paper tax discs last October, with some drivers facing fines of more than £800. In July, 10,554 vehicles were clamped, up by 87% compared with the same month in 2014. Release fees start at £100, but double within 24 hours, and errant motorists may also have to pay storage fees running into hundreds of pounds. Drivers must also pay a £160 surety, which is returned once they have correctly taxed their vehicle. What is catching out many motorists is that vehicle excise duty is automatically cancelled if a car changes ownership. http://www.theguardian.com/money/2015/nov/20/car-clamping-paper-tax-disc-dvla
  7. I hope someone can give me the advice I need. I have a broken arrangement with a bailiff and I received a second visit today. Obviously I did not answer the door and he put an Attendance Notice to Take Control of Goods through the letterbox. The debt is now for just under £1,100 and although my car is only worth about £200 I am concerned he will clamp it just for spite. If he does can he still return to attempt to get the rest, or does he have one attempt only? I am self employed and need the car to go to clients - does this make it exempt? How often do these guys normally leave between visits? Thanks for any advice. David
  8. Ok, I'm maybe being a little naïve and probably more than a little thick (Not to mention coming from Scotland, who kicked clampers out years ago, so have no experience with this.) But aren't there laws over clamping? I got clamped for being 11 days into the month without tax. I'd just got the van out the garage (Which hadn't fixed the problem,) so was waiting for it to get picked up again. Next thing, I'm clamped. Fair do's I'm guilty, put me up against the wall and shoot me. Now, I've had tickets before (Parking mostly, and speeding) and I always get a formal notification in the shape of some official government form. In this case, I got a yellow sticker, and an "INFORMATION" pamphlet with a phone number on the back, which demanded I pay £100 immediately or I'd be towed and disposed of (I do hope they meant the van, not me personally.) Two things that immediately make me balk, is that surely, under law, an INFORMATION pamphlet is not a legal notification of an offence. I've spoken to the police, and they said it looked like something someone had picked up at the post office for a laugh. The associated website (cartaxenforcement.co.uk) is also very dodgy looking, with no details of who you are paying, etc, displayed on the site at all. The police have taken copies and they have taken it, and are investigating it, as - in his words - "This looks so much like a con." Now, after a morning of research, and talking to the DVLA, it turns out the "contractors" are a company called NSL. Now, at no point did anyone identify themselves to me, neither by phone nor in person, and the sparse documentation (The INF32 and website) does not mention the name of the company. I asked the DVLA directly "Is CarTaxEnforcement a contractor you use?" and they said no." Only NSL is used in my area apparently. So the question of misrepresentation is eating at me too. So what is the law? Can someone who doesn't tell you who they are, simply put a pamphlet under your windscreen and clamp you? Certainly the local plod don't think so, and my bank is supporting my withholding payment on the basis that the cartaxenforcement.co.uk website looks well dodgy. I'm really ready for a fight, so if someone can give me a legal basis, I'll give them grief.
  9. In n order to better understand the current position regarding the above, I thought I would put my understanding on here and then hopefully people will correct any misconceptions. The TCEA The immobilization of vehicles as part of the taking control of goods procedure, is covered by schedule 12 of the TCE. http://www.legislation.gov.uk/ukpga/2007/15/schedule/12 The power to take control of goods is given by section 13 of the schedule. 13(1)To take control of goods an enforcement agent must do one of the following— (a)secure the goods on the premises on which he finds them; (b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance; ©remove them and secure them elsewhere; (d)enter into a controlled goods agreement with the debtor. (2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care. (3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision— (a)determining the time when control is taken; (b)prohibiting use of any of those ways for goods by description or circumstances or both. The relevant sections being; Subsection (a) which covers the securing of goods on a debtors premises, Subsection (b) which covers the procedure on the highway. Section 3 permits the creation of regulations which define the procedure to be used: Taking Control of Goods regulations (2013 8094) http://www.legislation.gov.uk/uksi/2013/1894/contents/made The relevant sections contained within the regulations are: Section 16 which covers the immobilisation (clamping) on debtors premises: 16.—(1) Subject to paragraphs (2) and (3), an enforcement agent who is securing goods of the debtor on the premises on which they are found (under paragraph 13(1)(a) of Schedule 12) may secure the goods— (a)in a cupboard, room, garage or outbuilding; (b)in the case of goods on premises (or on a part of the premises) which are not occupied for residential purposes, by the enforcement agent remaining on the premises to guard the goods of the debtor of which the enforcement agent has taken control; ©by fitting an immobilisation device (which must be provided by the enforcement agent); and Section 18. which covers he procedure for immobilization on the highway Securing goods of the debtor on a highway and removal: vehicles 18.—(1) Where the enforcement agent is proceeding under paragraph 13(1)(b) of Schedule 12 and the goods to be secured are a vehicle, those goods must be secured in accordance with this regulation. (2) The vehicle must be secured by an immobilisation device, unless the debtor voluntarily surrenders the keys to the vehicle to the enforcement agent. (3) The immobilisation device must be provided by the enforcement agent. There are differences in the two procedures which can be discussed later, hopefully in this thread. The next post will concern the Protection of Freedom Act 2012 and how (if at all )it effects the EAs ability to immobilize vehicles by the use of a clamp.
  10. On 6th April 2014 significant changes were made to 'bailiff enforcement' and it is important for anyone viewing this forum to understand how the new regulations affect the 'clamping (or immobilisation) of a motor vehicles and the implications on debtors (or others) if a wheel clamp is removed. The following is a brief summary: 'Clamping' (Immobilsing) of a motor vehicle: The regulations clearly provide that an enforcement agent may immobilise a vehicle by fitting a wheel clamp. For those interested, the relevant legisation can be found under Section 1© of Regulation 16 of the Taking Control of Goods Regulations 2013 entitled: Securing Goods of the Debtor on Premises where found. Location where a vehicle may be clamped (immobilised) The regulation clearly provide that a vehicle may be clamped at: The debtor's home The debtor's place of business or: On the 'Highway'. NB: CIVEA and I differ on the interpretation of 'Highway' and I will write more on the 'definition' at a later stage. However, for the avoidance of doubt, an enforcment agent may NOT take control of a vehicle in either a public or a private car park (which includes supermarkets, large shopping outlets etc), unadopted roads or other land that is owned by private individuals (such as a neighbours or relatives driveway). Does Section 54 of Chapter 2 of the Protection of Freedoms Act apply? NO!!! Section 54 is ONLY in relation to unathorised parking on private land (such as supermarket car parks, large shopping centre etc). It does not apply to private driveways given that the new regulations allow for goods to be 'taken into control' at "the debtors home". Clamping of a car belonging to wife/husband One area of the new regulations that I confess to being uncomfortable with is that of 'joint-ownership'. In this respect, goods in which a 'co-owner' has an 'interest' may be taken into control. The enforcement agent would need to either 'know' that the person has an 'interest' (in the goods0 or that he would know if he made 'reasonable' enquiries.
  11. https://uk.news.yahoo.com/clampers-facing-full-regulation-115058608.html#Dw3mr1D A pet hate of motorists is to be fully regulated with all clampers forced to abide by a cap on fines and penalties. Under new rules operators targeting private car parks and property will be forced for the first time to follow the same restrictions and guidelines as companies policing public roads. Among the fees for illegal parking will be a maximum 100 euro charge for releasing a clamp and a 50 euro charge for releasing a car that has been towed away. But there is also a provision for clampers to be fined if they are in breach of regulations. Transport Minister Leo Varadkar said the new regime was designed to weed out bogus clampers. "This new Bill protects motorists and legitimate clamping operators, but will penalise bad behaviour by rogue operators. There will also be a simple appeals mechanism for all types of clamping for the first time," he said. "There have been a number of cases where private clampers are reported to have behaved unfairly or inappropriately, so we are now regulating the entire clamping industry for the first time. "I don't favour an outright ban on clamping on private property, as business owners and apartment complex management companies need to be able to deal with nuisance parking. However, the practice must be regulated." Up until now the clamping of vehicles on private property has not been restricted by any laws. The Vehicle Clamping Bill 2014 will create an appeals process and a regulator will be appointed under the auspices of the National Transport Authority (NTA) to bring overall consistency to parking enforcement. Further rules to be determined by the NTA include the time period that must elapse a vehicle can be clamped or towed away and the length of time a motorist will have to wait to be released after a fine has been paid. The new code of practice will require prominently positioned, clearly marked warning signs - including the penalties and fees - on every site where clampers police parking. Appeals will be dealt with on a two-tier system - first by going to the landowner, council or parking enforcement company to challenge a clamp, and secondly, if the complaint is not satisfactorily resolved, by going to an independent clamping appeals officer designated by the NTA. Further rules to be determined by the NTA include the time period that must elapse before a vehicle can be clamped or towed away and the length of time a motorist will have to be released after a fine has been paid.
  12. Hello. 1st time poster. Had a bailiff from TASK enforcement ltd knocking on my front door at 6-40am on Tuesday 11th Feb, 2014. Not sure how he got in through the communial front door. Said that he had put a clamp on my Mercedes Vito van, which was parked "off road" on the driveway. He said that I had received a parking ticket in "September in Bromley". I have no knowledge of this. I have not seen a ticket or a photo identifing my vechicle. He said I have to pay £799-34 to release the clamp. I am a self employed carpet-fitter, and most of my tools are on the van. He took the keys and gave me a number to phone. My van is clamped. Question is, Is this legal: I don't even know what I'm supposed to have done wrong. Been on various sites and will fill in a "Form 4" when I get home later. Thank You Paul.
  13. Hello all, need some help rather urgently please. A couple of weeks ago, I recieved a plain white envelope, un posted, pushed through my letterbox, stating that Newlyn PLC were chasing a debt for an outstanding PCN from the LA from april 2013. Demanding a sum i cannot remember (approx £300), for which I had tried conversing with the LA about this to find out the detail surrounding the PCN, but to no resolution other than the date and location, even more problematic as I had not recieved a NTO, Charge Cert, or any court documentation since the original PCN was issued. Fast forward to yesterday afternoon and i arrive at home from work to find my car clamped and a scruffy hand written form stuffed in my letterbox, now demanding £467. Called the bailiff to find out what was going on, to have him warning me not to interfere with the clamp and it was to be "recovered" if I was not to pay. In my frustration, I removed the clamp (taking photos too) without damaging it, as it was incorrectly applied in the first place (very easy to remove) and moved the vehicle. Informing him this morning to collect it. The bailiff has now informed the council I have CUT it off (photos prove this is not the case), Newlyns and the council are unwilling to help. along with moving the vehicle,I have also today lodged a TE7 and TE9 with the TEC and am awaiting news from them. Is there anything else that i can do or is it just a waiting game? It may also be worthy of note, that the bailiff does not show up on the "certificated bailiffs list" either under his name or under newlyn's company. Any advice gratefully recieved.
  14. Right, in keeping with my confusing life, here's a confusing clamping / tax disk issue. I bought a pup of a van from a "reputable" dealer in November last year. That is another story, but is going to court due to the fact it was a wreck that was patched up. It has been in a garage (Mechanical workshop type of garage, not a lockup) since the 20th December last year, getting major repairs. I got it back last Saturday, but the repairs hadn't sorted the matter, so I phoned the garage to come back and pick it up. I also noted that the tax disc had expired while it was in the garage (31/01), so tried to tax it, but the DVLA wouldn't let me, as they say they hadn't received the V5(?) or whatever documentation it is that they needed to allow me to tax it online. I'd have to go to a Post Office to do it. Back to the pup of a van. As my home garage (The lockup variety) is under a coach house with a low arch, I was concerned the pickup truck wouldn't be able to get in to get it, so I left the van on the roadside, just down from my house, waiting for the mechanics to pick it up. When I went out this morning, I had been clamped. It turns out, after phoning around, that not only had they booked me for "expired" tax, but also that the Tax disc was a phoney, from another vehicle. When I'd bought the van, I'd simply noted that the tax disc was current, and the dealer had said that it had "about six months tax on it" when I bought it in November, and I'd taken it at that. My concerns are: 1. The clampers left no "formal" documentation, as to time / date etc. All I got was the lovely yellow clamp, a sticker on the windscreen, and an official leaflet (INF32). Even parking tickets have to log the date and time and notify the driver, surely they have to as well? It turns out if had been clamped at 8:43 the previous day (I use my car to go to work, as the van is a wreck.) and if I'd missed the yellow clamp then, the vehicle would have been removed and possibly crushed. 2. As the vehicle was only on the road for a pre-arranged pickup, how can they get away with charging a clamping / release fee? 3. What is the position regards the tax disc supplied by the dealer? 4. Can I claim the "fees" back from anyone, and if so, which party is liable?
  15. Just a thought that crossed my mind during some studies in the industry that Im doing at the mp, has there been anyone found themselves illegally clamped since the clamping ban came in? and what did you do about it if you did?
  16. Being new here, I will do my best to get the detail to you. I have no debts, judgements, or other oustanding items. I named my first born after me, some 27 years ago. He moved out of my home in Sept this year. I found a flyer in my letter box "REMOVAL 5pm TODAY" dated 20th Nov. The bailiffs buzzed on my garden entrance intercom on 21st Nov.(3pm) He said he had clamped my car and wanted £495ish or would remove it. I told him that it was my car and I was not the person he was looking for. He was rude, beligerant and somewhat threatening because he thought I was lying. I called the police and after some time an officer turned up to stop any "breach of the peace" The bailiff had no interest in my explanation of what the true circumstances were. The officer entered my house, checked all my documentation and was wholly satisfied that I was indeed the owner of the vehicle, and that my son was indeed the debtor. He relayed all those facts to the bailiff, and was perplexed at the bailiffs stance that he intended to leave my vehicle clamped. The officer felt that he had no power to act and suggested I ring the council, which I did. They saw that there indeed there could be an issue and I am led to believe they contacted Jacobs Bailiffs. After phone calls to and fro (me & council / me & Jacobs ) the bailiff left, leaving my car clamped and it was clamped for 24 hours before they came to release it. Because it was clamped in front of my garage, my wifes car was also unavailable. I have processed a Form 4 complaint. Do you think I have a valid case. There are two issues here. The wrongful clamping and the excessive and I believe illegal fees that they are attempting to charge my son. At this point I am only trying to deal with the clamping issue. I have never been in debt in my life and they treat me like a common criminal.
  17. Ive recied a late notice today for not taxing my car for £80 or £40 if paid within 14 days but was not given chance to pay this penelty as my car was clamped and inpounded today.My car was insured and was going to pay penelty and tax car which I explained to the clamping firm but they said I still had to pay the penelty aswell as the release fees.I believed and understood from the late penelty letter that I had 28 days to pay and no clamp would be put on my car but ive now been told ive got this wrong and the penelty was just for tax backdated I owed .This seems harsh please can anybody tell me the laws
  18. Just a quick question........ I am aware that clamping on private land has now been outlawed, but what are the rules on signage? My local Homebase store has a large sign up in the car park stating that illegally parked vehicles will be clamped and a release fee will be charged. As clamping is now illegal I assume this is just a scare tactic and they will not clamp anyone, but is it legal? Thanks
  19. Hi all. Ive just got a notice from MARSTON full of all kinds of crap designed to scare people into paying extorionate fees. It states that it is a removal notice under the terms of a warrant issued on behalf of the council. Its a parking ticket which I thought I had paid. The amount is 374.16 which ofcourse is outrageous for this visit. I contacted the above mentioned ******* who will only accept the full amount. I was bankrupt last year and am now unemployed. i spent the whole day on the phone yesterday which only resulted in him becoming abiusive and me threatening him. I have contacted the compnay without success and now emailed them with a type of complaint. i receievd an automated reply which basically states that if my account is with an enforcement officer then I can only discuss it with him. its him i am compalining about. I just cannot win. I want to make an offer of paying half in 2 weeks and then half 2 weeks after. I have been advised that this is totally acceptable but neither he or the company will not accept anything I offer except the full amount. I am worried about my car being clamped what can I do. The car on hp by the way I dont own it yet.
  20. [ATTACH=CONFIG]38349[/ATTACH]I am currently on crutches following a broken leg. My wife took me out to the cinema, & parked in a disabled bay, which is on private land. We checked the parking sign, & there was no stipulaton that a blue badge must be displayed. The only stipulation was that vehicles could be immobilised if "improperly parked in a designated disabled parking bay". See attached photo we took of the parking sign. We asked members of staff at the cinema complex if it was ok to park there, & no one seemed to know. When we returned to the vehicle, it had been clamped. We called the clampers & were told that we should have displayed a blue badge, & that it is why we were clamped. They were very rude to my wife, & demanded the £125 (in cash - the debit card machine was allegedly out of action), or the vehicle would remain clamped. We ended up paying the fine, if only to get home that night. We appealed, but received a standard letter from the clampers, saying that a blue badge must be displayed. I called CAB, & they admitted that it was a grey area, & it was up to me whether I pursue it. Any thoughts? If the painting of a yellow disabled sign on the ground automatically means that a blue badge must be displayed to park there, then fair enough. We were in the wrong. However, I cannot find anything to suggest that this is the case. I hope someone can help, & tell me if I am wasting time & money challenging this. Thanks in advance.
  21. My local Gp's have a brand spanking new Medicine Factory. They used to be called surgeries. At the gate is a sign saying that the car park is monitored , and anybody they don't like will be clamped . They claim that it is Trust Property. My take is that if the property belongs to a trust then within the meaning of the 2012 act it is private land. whether or not they can hide behind Crown Immunity and clamp without lawful authority I do not know. But I don't like practice managers , who seem to have more say than Doctors these days, chucking their weight about. We units of illness (It's now all our fault or in our heads) once called patients, should have a say. Any opinions would be welcome
  22. Hi all, I didn’t post my situation here but did follow the advice and ignored a Parking Eye notice; I received the expected two letters and since have heard nothing. So firstly thanks to CAG My Query The next time I was back at the services, I checked the signage and it warns that non-payment may result in your car being clamped at that service station or other Parking Eye managed service stations. How likely is that? Secondly I yesterday found that my local ASDA is managed by Parking Eye so became even so worried that clampers might turn up there? Any experience of this? Thanks in advance Aud
  23. A friend of mine was parked up whilst on his mobile as he didn't have his blue tooth, a private clamper put a parking ticket on his car, didn't ask him to move, my friend reacted by getting out and asking him what he was doing but was ignored. He then continued with his phone call as it was important, the clamper then tried to box him in with his van, so he could put a clamp on. The clamper left enough room so he could squeeze out, he felt angry and threaten. I was informed that the parking ticket was invalid as it wasn't issued by the local council or Police, by then my friend had sent his details off as indicated in the ticket. He was then issued with a fine he had to pay by a certain date or it would increased. Once again I was informed 'Tell him to ignore it', which he did. He then received a court summons from Northampton Court stating the private clamping company were intending to take him to court unless he paid £125, if he contested it, he has to pay £25 to the court if he wishes to do so. I need urgent advice on this as he is naturally stressed, and I feel bad as I told him to ignore it on the advice from someone on CAG.
  24. Can any one summarise what will be happening regarding parking on private land, i.e. supermarket car park etc? Will PPC be able to enforce their "tickets" as from October? Will clamping be totally outlawed except for councils? If you are parked on a NHS car park and exceed your time, can a "ticket" be enforced through the courts? Many NHS car parks now require a BB holder to pay a parking charge so what happens if they don't pay for a ticket or exceed the time after October?
  25. Hello Everyone, I need your advise, my car was clamped in April 2012 (under duress I was forced to pay £475 for the release of my car) and after my appeal was rejected by the clamping company I have filed a claim in small claims court. I have received a Notice from the court that a defence and counter claim (for £150, for time spent dealing with this case and also a day at the court) has been filed. I would like to defend the counter claim, can you please advise what options I have for defending the counter claim. Thanks in advance. Regards Bill
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