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Police helped bailiffs to take owner's car for registered keeper's fine......


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]I wonder if you could point me in the direction of the law on ownership of a vehicle. I am the owner of a car (bought and paid for by myself) – I registered the car in the name of my wife as she already had insurance (which I am also on). Last year a parking fine was incurred and my wife has an ongoing dispute with the council that issued it. In the meantime bailiffs arrived after sending a letter and tried to take the car away. When I showed them the receipt and warranty in my name they unclamped the car and said they would come back to take something else if my wife didn’t pay £700. A few weeks later two of their colleagues arrived at 04.15 in the morning and clamped my car. They didn’t leave a contact number but reappeared at 07.45 to tow the car away. I showed them my receipts and warranty but they said that because my wife is the registered keeper they were going to assume the car belonged to her even though I was showing them proof of purchase and the warranty which belongs to me. I also showed this to the police and they said there was nothing they could do – in fact they handcuffed me and forced me to leave my car. They also used physical force to move my wife who was holding our 5 month old baby before asking her to step away from the car – all so that the bailiffs could take a vehicle that does not belong to my wife. In the end I was forced to pay £800 or lose the car. The bailiff then refused to accept payment unless in cash. He refused to allow us time to go to a cash machine. The police officer tried to reason with him but he said that because I had inconvenienced him he would only accept cash. The police officer insisted to the bailiff on driving me to the bank to get the money. This has meant that I have used all my cash and has left my family without any money as I would have paid by credit card.Is this legal and correct procedure?Do I now have to go through small claims court to get my money back?I hope you can help.

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Forgot to mention - it is JBW. I have paid them £700 before for an alleged parking offence (they were very intimidating and my wife was 8 months pregnant and terrified to lose the car) and then claimed it back from the council - do I do the same again - they say I have to go to court to prove ownership of the car.I

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]I wonder if you could point me in the direction of the law on ownership of a vehicle. I am the owner of a car (bought and paid for by myself) – I registered the car in the name of my wife as she already had insurance (which I am also on). Last year a parking fine was incurred and my wife has an ongoing dispute with the council that issued it. In the meantime bailiffs arrived after sending a letter and tried to take the car away. When I showed them the receipt and warranty in my name they unclamped the car and said they would come back to take something else if my wife didn’t pay £700. A few weeks later two of their colleagues arrived at 04.15 in the morning and clamped my car. They didn’t leave a contact number but reappeared at 07.45 to tow the car away. I showed them my receipts and warranty but they said that because my wife is the registered keeper they were going to assume the car belonged to her even though I was showing them proof of purchase and the warranty which belongs to me. I also showed this to the police and they said there was nothing they could do – in fact they handcuffed me and forced me to leave my car. They also used physical force to move my wife who was holding our 5 month old baby before asking her to step away from the car – all so that the bailiffs could take a vehicle that does not belong to my wife. In the end I was forced to pay £800 or lose the car. The bailiff then refused to accept payment unless in cash. He refused to allow us time to go to a cash machine. The police officer tried to reason with him but he said that because I had inconvenienced him he would only accept cash. The police officer insisted to the bailiff on driving me to the bank to get the money. This has meant that I have used all my cash and has left my family without any money as I would have paid by credit card.Is this legal and correct procedure?Do I now have to go through small claims court to get my money back?I hope you can help.

 

Which local authority does this relate to?

Have sent you a message.

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Thankyou for contacting me tomtubby.

The bailiffs work for JBW and on the behalf of Southwark Council.

I noticed on your website that bailiffs cannot take a car not belonging to the person being fined and that the onus was on my wife to prove she didn't own the car.Prior to this visit I had sent an email to JBW telling them very clearly that I was the legal owner of the car and had the documentation to prove it.They did not reply but I have a receipt for the email to prove they received it.

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Regarding the website tomtubby - interestingly, my wife quoted the Human Rights Act regarding property to one of the bailiffs - he just pulled a face and shrugged....and the police payed no attention whatsoever.

Edited by rubycon
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talk about scare tactics

 

quote

 

“The council has also applied for warrants for the arrest of some of the borough's largest debtors. These will be heard in court and could carry a prison sentence of up to three months.

 

maybe more complaints to the MOJ should be on the way

..

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