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  1. Sadly, this is yet another thread concerning the dangers of taking "legal advice" from websites without first checking whether the "advice" is correct. The brief background is that the gentleman's car was clamped on his driveway by bailiffs who demanded £477.13. A Notice to Seizure was posted through the door advising the debtor that the bailiff would return at 8.a.m for payment. The debtor visited various websites and read upon one of them the following "advice": "If the vehicle is parked on private land, the clamper has committed a criminal offence" "Section 54 of the Protection of Freedoms Act 2012 and the police must arrest the clamper. This legislation is nothing to do with "private car parks". "Time to get out the bolt cutters and report the clamper to the police" Unfortunately, the gentleman took this "advice". He did not use "bolt cutters" but he did manage to remove the clamp. He took pictures of the clamp on his car as "evidence". The bailiff returned to the car earlier than 8.30 and immediately called the police. The debtor had printed of a copy of the "advice" that he had received from the website and asked for the police to ARREST the bailiff. The police refused and informed him that he needed to check his "legal advice". Whilst the argument with the police was going on...the bailiff had called a "removal contractor" and within 20 minutes, his car was loaded onto a low loader. As the removal vehicle had been called the bailiff added a further fee of £175 to the debt. The gentleman offered to pay by CREDIT CARD but this was rejected by the bailiff on the basis that many internet "advice" sites are encouraging debtors to pay by credit card and to then apply for a "charge-back" against the card provider. The bailiff allowed him an extra 45 mins to make payment by alternative means. The debtor could not pay and his car was removed to the vehicle pound and it was not until 5 days later that he was able to get the car released after paying over £840 in cash. The debtor again relied upon the "advice" on various websites and wrote a letter "before action" to the local authority seeking a substantial amount of money. He has received a response from their legal department and contacted me this morning to ask me whether the information from the local authority is correct. YES IT IS !!!! Protection of Freedoms Act 2012. The Act received Royal Assent on 1st May 2012 and came into force on 1st October 2012 and this legislation is directed at the proprietors of private car parks. Below you will see a link to a Fact Sheet from the Home Office and Department for Transport In particular, you will need to read the paragraph under the heading of Lawful Authority which states as follows: The term “lawful authority” means where specific legislation or express powers are in force, which allow for vehicles to be legally immobilised or removed. Examples of lawful authority include where statutory powers exist such as Road Traffic Regulations which allow local authorities or the police to clamp or tow vehicles on public roads" "Certificated bailiffs retain their powers to immobilise or remove vehicles" "Certain statutory authorities also retain the ability to clamp and tow, such as the Driver and Vehicle Licensing Agency (DVLA) and Vehicle and Operator Services Agency (VOSA), who will continue to clamp or tow vehicles which are un-roadworthy or have not had their vehicle tax paid" https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/98406/fact-sheet-part3.pdf
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