Equita Bailiff help required they have clamped my car!!!!!!!

[siddy1978]

ill see what happens tomorrow hopefully it wont get to that but im not gonna lose my car even though it is only leased for work.

[gni03349]

So its not even your car then? Who is the registered OWNER of the car? And who is the registered KEEPER of the car?

[siddy1978]

I shall see what we can do tomorrow. Hopefully tec will sort it and order them to take the clamp off. It would make my day to see them come back with their tails between their legs. After that I can sue for trespassing and then make an oficial complain about the bailiff

[lamma]

Holy crap - its a leased car !!

[PPC Buster]

Bailiffs don't understand the difference between Owner and RK. As far as a bailiff is concerned, RK=Owner QED.

[siddy1978]

does the fact its leased make a difference?

[siddy1978]

i would be registered keeper the leasing compnay would be registered owner

[lamma]

In this position I would also notify the leasing company.

[siddy1978]

okay i will do that as well.

[gni03349]

Take a look...

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/131511-clamped-outside-my-house.html

[siddy1978]

thanks gni it makes a very interesting read. Im going to start faxing equita tonight and texting the bailiffs first thing as well or i might just record the call somehow. Does anyone know where I can get the 3 minite angle grinder?

[lamma]

clamp removal can be achieved without access to the wheel nuts and without damaging the clamp - depending on configuration.

the suspension is undone at the back of the wheel and you let the tyre down and the clamp can be kicked off without damage to either. reattach wheel, re-inflate tyre - presto hey !

 

any mechanics live in your block ?

[siddy1978]

sounds fairly simple but no mechanics on my development at all.

 

will have to find another way of doing it? Can i hire someone to do it?

[gni03349]

lamma... you should have pointed us to that thread... YOU were in it!! lol.

[siddy1978]

hi ive phoned the TEC and they have said that the action was stopped on the 3rd May 2008 and was sent back to the relevant authority

[gni03349]

So why did they clamp you?? I would very definitely still go ahead and sue the clampers for loss of use, and trespass. The point here is TREPASS, not that the action was stopped (although that is very much in your favour).

 

I would call TEC again and tell them you were illegally clamped.

 

Who initially authorised these bailiffs anyway?... I ask because whoever did, are responsible for their actions, and so are co-defendents in effect. It's best to get hold of whoever authorised the bailiffs and tell them this, bearing in mind you said you would be suing... it might just help speed up the unclamping.

[siddy1978]

I have just phoned up Camden and they have said that they have not asked the bailiff to do this as my appeal is with the adjudication department. What do i do now as bailiff company is refusing to move clamp

[gni03349]

You inform Camden again and tell them they are co-defendents when you sue the clamping company. Camden are responsible for the actions of anyone it employs, whether directly or indirectly. Failing that you can get the clamp off any way you wish (ie.. angle grinder). You might wish to inform the clamping company you will be taking off the clamp whichever way you see fit, and when they come running, they commit trespass.. AGAIN.

[gni03349]

Don't compromise by the way. They have illegally deprived you the use of the vehicle. Stick to your guns, and make these cowboys pay!! Good luck.

[siddy1978]

Thank you for the advice Camden have asked to see proof of why they have clamped me which i have just done. Now I need to find someone with an angle grinder

[gni03349]

I think you might not need one now. Now that Camden know you are serious, I think the clampers will come and release your car. However, that doesn't let them off the hook. Still sue at a later date, and include Camden on it. They might think twice about employing a bunch of gangsters to do their work, so it might help to get rid of the bailiffs and the clamping company from your area, to do work on behalf on Camden. After you sue, it's up to Camden to then sue the bailiffs and clampers, but that isn't your problem.

[pin1onu]

I think you might not need one now. Now that Camden know you are serious, I think the clampers will come and release your car. However, that doesn't let them off the hook. Still sue at a later date, and include Camden on it. They might think twice about employing a bunch of gangsters to do their work, so it might help to get rid of the bailiffs and the clamping company from your area, to do work on behalf on Camden. After you sue, it's up to Camden to then sue the bailiffs and clampers, but that isn't your problem.

If you have any details of the identity of the bailiffs concerned it will be worth contacting Tomtubby by PM. She can check whether they are certificated or not. She can possibly inform you of other action to take to ensure release of your vehicle.

[siddy1978]

Thank you pin how do I get hold of tomtubby?

[PPC Buster]

Private message would be best. Go to the bailiff forum and click on one of her posts and send a PM from there.

[tomtubby]

Soory, I have only just read this post (it should really be in the bailiff section)

 

Firstly, bailiff companies look at these forums every day....and in fact have used posting in evidence when there is legal action. Therefore please, until such time as it has been established that Equita have done something wrong.....do NOT mention cutting off clamps. In particular as our office just this morning are dealing with a case where the vehicle owner has been arrested after a bailiff has reported the clamp as being removed and the motorist is currently in police cells after being arrested on suspicion of "stealing the vehicle".

 

Coming back to this case. You say a Statutory Declaration has been filed. Was this a Stat Dec or Out of Time?

 

From your post it would appear that your application has been acccepted in which case all enforcment action must cease. However as much as I may complain or argue with bailiffs in the course of our work it would appear that Equita are not at fault. Camden are.

 

Notification from TEC is sent to the local authority on whether an application has been accepted or rejected. The LA (Camden) will then instruct their relevant bailiff company to cease all action. I am at a total loss as to understand just why Camden have failed to do this. They are under a duty to ensure that their bailiff must cease enforcment. They are completely at fault.

 

However, it all cases that we see , where a bailff is made aware that a Stat Dec has been filed, he will release the clamp. I do not know why the bailiff has not done that.

 

I have sent you a pm.