Urgent Help - baliff and clamp - unpaid parking fine.

[kregrs]

Right, woke up this morning to find a notice on the door mat to say the car had been clamped due to an unpaid parking fine. Rang the number on the notice to ask whats going on, to be told it relates to a parking ticket issued on 23/9/08, and that I have been written to about it, both by Newlyn and council. Having moved house twice since last september, and honestly not receiving anything to do with said parking fine, what can I do? According to the baliff, its been to court and Newlyn have written, but I honestly have not received anything. The car is parked on a private drive, and belongs to finance company, but mr baliff says that doesn't matter, as he's working for 'the courts' he can do as he pleases and take it anyway.

I offered to pay in installments, both me and gf on benefit, with baby on way in august and 3 other kids, but he wouldn't hear of it, had to be the whole £450.

So, now I've got the family transport stuck outside with a clamp on, a fine that I've heard nothing about until now and no idea what to do.

[kregrs]

Just a quick one, notice thru the door has the wrong name on it, 1st 5 letters of surname are the same, but last bit is wrong, says ridge, not dice. They've clamped my car and its the name they've put on the clamping notice.

[hallowitch]

On line search to check if a Bailiff is Certificated is the baillif certifacated

 

If you do not know anything about this PCN then it is VERY LIKELY that this PCN and all styatutory notices had been sent to a previous address or been wrongly addressed.

 

In the first instance you need to contact the Traffic Enforcement Centre on 08457 045 007 for details of the Warrant of Execution and confirmation of the address of the Warrant. HOWEVER....you will need the PCN number. This will start with 2 letters followed by 8 numbers.

 

If you did not receive the PCN or Notice to owner then you will need to file an Out of Time late Statutory Declaration. The Traffic Enforcement centre will provide a copy to you.

[tomtubby]

Right, woke up this morning to find a notice on the door mat to say the car had been clamped due to an unpaid parking fine. Rang the number on the notice to ask whats going on, to be told it relates to a parking ticket issued on 23/9/08, and that I have been written to about it, both by Newlyn and council. Having moved house twice since last september, and honestly not receiving anything to do with said parking fine, what can I do? According to the baliff, its been to court and Newlyn have written, but I honestly have not received anything. The car is parked on a private drive, and belongs to finance company, but mr baliff says that doesn't matter, as he's working for 'the courts' he can do as he pleases and take it anyway.

I offered to pay in installments, both me and gf on benefit, with baby on way in august and 3 other kids, but he wouldn't hear of it, had to be the whole £450.

So, now I've got the family transport stuck outside with a clamp on, a fine that I've heard nothing about until now and no idea what to do.

.

 

This is VERY SIMPLE.

 

You need to file an Out of Time late Stautory declaration with the Traffic Enforcement Centre.

You will need to IMMEDIATELY telephone TEc on 08457 045 007 and they will e-mail the form to you. You will need the PCN number to hand.

 

PS: The telephone line gets VERY busy....

 

MOST bailiff's will REMOVE the clamp once advised of the Out of Time.

 

I would suggest contacting the bailiff straight away to ask him for the address on the Warrant. If this does show you new address, then please do ask TEC to confirm where the ORIGINAL notices had been sent.

[kregrs]

Right, have spoken to boro council, and newlyn, before I read the replies. All notices and letters were sent to a previous address, where I left in April 08. The Address the baliff gave me was the address the letters had been sent to.

[kregrs]

I have also tried the online search, either Its not working or they not on there. Tried the 2 balliff's names I've got, and Newlyn, and juist comes back as nothing.

[hallowitch]

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

 

phone to confirm that they are not bailiffs

 

then phone the council and inform them that MR XXXX and MR xxxx who clamped your car are not certificated bailiffs

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates.

[hallowitch]

can you P M the bailiffs names please and the area you live in

if you don't want to then thats OK i understand some people wont want to give out the info

 

On line search to check if a Bailiff is Certificated this was only posted on 23/7/09 and I would like to try and keep a database of these name so that i can see how many times there names come up and if bailiff firm still employ after the council in voled are aware that they are not bailiffs

[kregrs]

Thanks to Tomtubby's invaluable help, the clamp is now off and the balliff's have left. Forms have been faxed and posted to the TEC, and what started out as a nightmare this morning has now been made a lot better, thanks to Tomtubby.

[hallowitch]

yes the woman/man deserves a medal

[tomtubby]

Thanks to Tomtubby's invaluable help, the clamp is now off and the balliff's have left. Forms have been faxed and posted to the TEC, and what started out as a nightmare this morning has now been made a lot better, thanks to Tomtubby.

 

I am glad that I could be of help and that commonsense has prevailed in that the bailiff has now removed the clamp.

[seanamarts]

They will class that as a clerical error no doubt

[buzby]

Incompetence is allowed - if you owed someone for something, and the clamping itself is legitimate, then you might complain about it's accuracy of name - but not the fact that you are the debtor otherwise identified.

[kregrs]

Sorry to drag this back up again, something been bugging me. After they clamped the car, a notice was stuck to the side window stating the obvious, that the car had been clamped, and that any damage caused to the clamp or any attempt to remove it would be illegal (or words to that effect). I was under the impression that damage to it was not allowed, but there was nothing to stop me removing it as long as I didnt damage it? Or could I have taken the grinder to it? Also, this may be a stupid question, but are there any rules etc regarding how said clamp is attached to a vehicle? As in should it be just to the wheel, or is it ok for the chain to be wrapped around the driveshaft and wishbone?

Finally, their van had 2 cameras attached to the outside, pointing at either side kerb, which turned out to be Anpr cameras. Any problems with that?

[kregrs]

Recieved 3 letters today from Newlyn, regarding outstanding parking fines. Now, according to Newlyn, who clamped my car on Tuesday, these letters had been sent to me previously. Car was clamped on 28th, letters are dated 29th. Thanks to Tomtubby's help, 3 x stat decs were filed on tuesday so what do I do about these letters, as they're headed as FINAL NOTICE, BALLIFF REMOVAL, and not to ignore them. The charges are as follows, £310.33, £276.88 and £558.73. Now on tuesday, I was told the total they were collecting was £692, now its over £1k. It just seems strange that they were told, and they confirmed, that letters had been sent to an old address hence stat dec, now these 'new' letters turn up, am I likely to be graced with a return visit from them and my car clamped again, as they seem to be threatening. What do I do? Do I need to contact them to tell them again that stat dec has been filed? Or is it safe to ignore them and wait to hear from Tec/council?

[tomtubby]

Recieved 3 letters today from Newlyn, regarding outstanding parking fines. Now, according to Newlyn, who clamped my car on Tuesday, these letters had been sent to me previously. Car was clamped on 28th, letters are dated 29th. Thanks to Tomtubby's help, 3 x stat decs were filed on tuesday so what do I do about these letters, as they're headed as FINAL NOTICE, BALLIFF REMOVAL, and not to ignore them. The charges are as follows, £310.33, £276.88 and £558.73. Now on tuesday, I was told the total they were collecting was £692, now its over £1k. It just seems strange that they were told, and they confirmed, that letters had been sent to an old address hence stat dec, now these 'new' letters turn up, am I likely to be graced with a return visit from them and my car clamped again, as they seem to be threatening. What do I do? Do I need to contact them to tell them again that stat dec has been filed? Or is it safe to ignore them and wait to hear from Tec/council?

 

 

The Traffic Enforcment Centre would have already advised the local authority that Out of times had been received and they in turn would have advised Newlyn.

 

If not.....they would have already been back to take the car!!

 

To be certain though you should ring TEC on 98457 045 007 for confirmation.

 

 

PS: Write to Newlyn for a full and detailed freakdown of the fees and charges.

[kregrs]

Just had a look at the Notice of Seizure they gave me for one of the tickets. The breakdown on it is Penalty - £110.00 and balliff fees inc vat £363.23 total £473.23. Notice i received today with same ref number, total has jumped to £558.73.

[tomtubby]

You have filed Ot of Time stat Decs and therefore you will need to await the outcome and the cases are on hold.

 

In the meantime you now have the opportunity to write to the bailiff co to request a copy of the screen shot of your account as you have serious concerns as to the level of charges applied to your account.

 

You need to mark your letter....SUBJECT ACCESS REQUEST

[kregrs]

 

You need to mark your letter....SUBJECT ACCESS REQUEST

 

Is that the same as a normal Sar, ie, costs £10?

[tomtubby]

Is that the same as a normal Sar, ie, costs £10?

 

YES...except that I would suggest that you modify the request to ask for a Screen Shot

[MRSWESTHAM]

Would just like to say make sure you get the FULL screen shot, I asked chandlers for this 5 tmes and all I got sent twice was a break down of charges. It wasnt until I got the defence from the bailiff that I saw her screen shot was a lot more detailed than mine, had notes of the conversations we aledgedly had on it !! Good Luck

[kregrs]

Right, last year i managed to get 4 council pcn's over a 3 month period. Totally forgot about them until woke up 1 morning to find car clamped and balliffs outside. After making stat dec now have until 3rd september to pay. Before I go ahead and just pay up, can I request to see any evidence, photo's etc relating to the tickets? Its Ipswich Borough Council if thats any help, have seen them taking photo's when issuing tickets so I assume there's photo's to go with my tickets.

[Jamberson]

You can request it, and they'll probably send it to you. It won't affect the position you're in though.

[kregrs]

I appealed 3 of the 4 tickets, 2 of parked on single yellow line, 1 of failing to display ticket. The fail to display appeal was accepted and penalty overturned, and 1 of the single yellows overturned. I'd queried the fact that the single yellow line looked a bit iffy and that there was no signage in the vicinity, which they accepted and agreed that the signage is missing from that area. Bearing in mind that the ticket was recieved last year, and other people may have been ticketed for same 'offence', and the situation with sign still hasn't been remedied.

[Jamberson]

Probably the lack of repair/signage is a result of the parking appeals team being seperate from the traffic/highways maintenance team (whatever they're called). It's unlikely they routinely swap information.

 

If you feel public spirited, phone them or write to them directly at the council address and request they undertake repairs. If not, it will likely stay that way until someone else gets on their case.