Showing results for tags 'car clamped'.
This morning I received an enquiry from the Metropolitan Police about the legal case of R v Ali (Bromley Magistrates Court) 2011. It would seem that a gentlemen had attended a police station in London last Friday and personally delivered a car clamp that he had removed from his vehicle following a bailiff visit earlier that morning. He also hand delivered a notice to the police to outline the reason why he had removed the clamp. The notice left was one that I had featured a copy of on another thread a while ago (details later). Given that the new regulations that were imposed on 6th April specifically state that removal of a wheel clamp without lawful authority is a criminal offence the debtor was arrested and bailed. During questioning the debtor provided another notice to the police (which I will post up later). The document (which appeared to have been obtained from the internet) is extremely worrying as it states the following: DO NOT SHOW THIS DOCUMENT TO A PROSECUTOR, IT CAN BE SHOWN TO YOUR DEFENCE SOLICITOR TO ASSIST IN PRESENTING YOUR DEFENCE TO A COURT. You have been charged with criminal damage under section 1 of the Criminal Damage Act 1971 for cutting off a padlock to release a wheel clamp which had been fixed to your own vehicle by a bailiff for an unpaid debt e.g. A Penalty Charge Notice. YOU ARE NOT GUILTY OF AN OFFENCE Section 1 of the CDA1971 says a person who without lawful excuse destroys or damages any property belonging to another. In your case, you are excused. You had lawful authority to cut off the padlock[/u][/color] to remove the wheel clamp from your vehicle. This was the finding in the case of R. v Ali Bromley Magistrates Court  on April 18 2011. The accused vehicle had been wheel clamped and was charged with Criminal Damage after he cut it off. The court decided a person removing an illegal clamp is not guilty of criminal damage because this method of distraining goods is not compliant with traffic debt enforcement regulations and procedures. This means you are a victim of unlawful enforcement action. PS: The Met Police officer said that the only reference that they could find to the case of R v Ali was that of a Court of Appeal case from 1995 regarding an appellant who had become involved in drug dealing and owed a large sum of money to his supplier. The supplier threatened that he would be killed unless he robbed a bank. Clearly this case was not the one referred to in the notice.
Please please help, I woke up this morning to find a notice of seizure from Marstons group posted through my door and my car has been clamped!!! This is with reference to PCN's which were issued on the same day, one at 11:28 18/10/2009 and the other at 12:50 18/10/2009 by city of london, both of which now relating to a car I no longer own. I contacted Northampton county Court/TEC earlier today to find out the details of the warrants. Apparently City Of London registered for enforcement on 09/03/2010 and issued the warrant on 29/08/12. According to the TEC the warrant is perfectly legal even though over 2 years has passed since the warrant was registered and enforced. The TEC advised that I could fill in a TE7 & TE9 out of time declaration. Before filling this form in I would like some advice as to how this form works and what declarations I need to tick as on further inspection I believe that there was no grounds to issue the tickets in the first place. Please let me elaborate, On visiting (pcn.cityoflondon.gov.uk/legacy-3sc-user/ticketdetails.asp) which gives more details of the original PCN. I have discovered that the first ticket issued at 11:28 on 18/10/2009 was issued on a completely different vehicle.. There are 4 pictures in the evidence section. 2 are of a red fiat punto (I have never driven nor owned a red fiat punt). 1 is just of a brick wall with a "smith fields, goods vehicles loading only" sign on it and the final picture is of the rear of MY car (a silver car). The 2nd ticket which was issued at 12:50 has 3 pictures of evidence attached. 1st of the rear of my car (in exactly the same spot it was pictured in the 4th picture against ticket issued at 11:28, I had not moved my car) showing no illegel parking, no yellow lines, no goods vehicle only signs. The 2nd pic a close up of a ticket on a silver car and the 3rd picture a close up of a goods vehicle only sign on a brick wall.... this could be any brick wall anywhere.. I would like the opportunity to appeal as I believe I was not originally in the wrong for parking where I did and I believe that there is a massive level of incompetence on the wardens/councils behalf as they not only issued me two tickets within an hour and a half of each other but there own photographic evidence for the first ticket is predominantly for that of another vehicle. How can I stop Martsons from removing my car??