If a car is seized by levy should the bailiff have put a notice on it?

[dawnwb]

A bailiff attended my house to collect on a parking ticket on 17/09/09, he didnt get in as i wasnt in. I texted him today and asked him what goods did he seize?

He told me that he seized a fiat which was on the drive. I had sold the car a few days ago but still had it on the drive as the person who bought it was picking it up at the weekend. He had paid me cash in full.

When the bailiff put his notice of removal through my door that day, there was no mention of the fiat or any mention that goods had been seized. It just gave me an amount to pay and the bailiffs name and number.

There was no notice on the car. The car has gone now obviously as I had sold it and had no idea it was part of his levy.

 

The case is now on hold as ive filed an out of time statutory delaration.

Im disputing the amount hes charging me for attendence to remove (£240 inc vat) I thought I had nailed it as I thought he hadnt seized any goods.

 

Is it valid without a notice on the car and the fact I had sold it? I have sent the log book to DVLA. Im also worried that im going to get done for selling seized goods! Although i sold it before he came.

 

Any input would be greatfuly received

[ambershadow]

If you have a receipt to say the date is before he came then the levy I would presume is unvalid...

[dawnwb]

Thanks for your reply ambershadow:)

 

well i gave the buyer a receipt but i dont have one.

What about the fact he never mentioned to me that he has seized the car untill today?

Its been 10 days since he came and he didnt put anything on the letter he put through my door or a notice on the car, would that make it invalid?

[dx100uk]

bailiffs must give you previous documentation to show what they are taking when the return

 

i think the fact that it was not yours negates the whole thing.

all you have to do is to prove that you had already sold it

 

not my best subject, bit i think the bailiff should have indicated on the levy notice 'what' he is going to seize and on what date.

he cannot just turn up and do both on the same visit [levy and seize]

 

hth

 

dx

[tomtubby]

A bailiff attended my house to collect on a parking ticket on 17/09/09, he didnt get in as i wasnt in. I texted him today and asked him what goods did he seize?

He told me that he seized a fiat which was on the drive. I had sold the car a few days ago but still had it on the drive as the person who bought it was picking it up at the weekend. He had paid me cash in full.

When the bailiff put his notice of removal through my door that day, there was no mention of the fiat or any mention that goods had been seized. It just gave me an amount to pay and the bailiffs name and number.

There was no notice on the car. The car has gone now obviously as I had sold it and had no idea it was part of his levy.

 

The case is now on hold as ive filed an out of time statutory delaration.

Im disputing the amount hes charging me for attendence to remove (£240 inc vat) I thought I had nailed it as I thought he hadnt seized any goods.

 

Is it valid without a notice on the car and the fact I had sold it? I have sent the log book to DVLA. Im also worried that im going to get done for selling seized goods! Although i sold it before he came.

 

Any input would be greatfuly received

 

.

.

The statutory regulations covering the enforcement of unpaid PCN's provide a Notice of Seizure of Goods & Inventory. Sad;y, a lot of bailiff companies have MODIFIED these forms !!!!

 

By reading the CORRECT form it is clear without doubt that for this form to to valid it requires the bailiff to correctly LIST what item( s) have been seized.

 

What you need to be aware of as well is that the bailiff will have a copy of the Warrant of Execution in his possession and this lists the registration number of the vehicle that was used at the time of the contravention. !!!

[dawnwb]

Thanks for replying Tomtubby.

 

After reading the DISTRESS FOR RENT RULES 1988 Section 12 levy and removal.

part 2 says the bailiff must leave a form 7 with a detailed inventory

 

part 3 says a bailiff intending to remove goods or withdraw from possession must leave a form 9 setting out the expenses of removal.

 

seeing as i didnt get either of those forms I will continue with my complaint to marstons being that I should not have been charged an "atttendence to remove fee" to the sum of £240!

 

Im posting this on here to help other people in a similar situation. People should read DISRESS FOR RENT RULES 1988 and The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

The rules for DISTRESS FOR RENT apply to The enforcement of road traffic debts 1993.

As i was searching the internet last night and i was disregarding DISTRESS FOR RENT RULES as i didnt realise that applyed to enforcement of parking tickets but IT DOES!

Thanks to all that have took the time to help me with this

[dawnwb]

Ok so ive now sent another text asking the bailiff if he is telling me he seized the car, hes gone quiet again!....Bless!

 

Ive now finished composing my 2nd complaint letter to marstons and ive included that the bailiff seems to be under the impression that hes seized my car, I reminded them of section 12 paragraph 2 and 3 of Distress for Rent Rules 1988 here they are.

 

(2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.

 

(3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules.

 

As i didnt get either of those forms then any levy on my goods is invalid.

That should give them somthing to think about!!

[dawnwb]

finally got the bailiff to say , by text, that he had seized my car on his first visit, I texted him saying I need to know because its up forsale.

He said "yes i seized it but you can sell it" so obviously dosent know what hes talking about!

 

I text back saying

"ok so if you seized it where is my notice of seizure? you cant charge me attendence to remove without one, also if you had seized the car i cant sell it by law! Although I have sold it anyway. If marstons dont waver that attendence to remove fee, i will be filing a FORM 4 against YOU and the council."

 

Now this is the best bit! He text back

 

" you should have a notice of seizure and its not my case so you need to talk to Marstons"

 

I think someone is worried!.....dont you;)

[tomtubby]

finally got the bailiff to say , by text, that he had seized my car on his first visit, I texted him saying I need to know because its up forsale.

He said "yes i seized it but you can sell it" so obviously dosent know what hes talking about!

 

I text back saying

"ok so if you seized it where is my notice of seizure? you cant charge me attendence to remove without one, also if you had seized the car i cant sell it by law! Although I have sold it anyway. If marstons dont waver that attendence to remove fee, i will be filing a FORM 4 against YOU and the council."

 

Now this is the best bit! He text back

 

" you should have a notice of seizure and its not my case so you need to talk to Marstons"

 

I think someone is worried!.....dont you;)

 

 

 

 

 

I have said the following MANY TIMES before but here goes ONCE AGAIN......

 

It is SO important that you ensure that you DO NOT keeping speaking with the bailiff. ALL enquiries must be made to the company IN WRITING....

[letsmakeamark]

Never speak to the bailiff. Always issue against them first and then talk. I have experience in this.

[tomtubby]

finally got the bailiff to say , by text, that he had seized my car on his first visit, I texted him saying I need to know because its up forsale.

He said "yes i seized it but you can sell it" so obviously dosent know what hes talking about!

 

I text back saying

"ok so if you seized it where is my notice of seizure? you cant charge me attendence to remove without one, also if you had seized the car i cant sell it by law! Although I have sold it anyway. If marstons dont waver that attendence to remove fee, i will be filing a FORM 4 against YOU and the council."

 

Now this is the best bit! He text back

 

" you should have a notice of seizure and its not my case so you need to talk to Marstons"

 

I think someone is worried!.....dont you;)

 

This is utter nonsense !!!

 

If the bailiff is enforcing an unpaid Parking Charge Notice he will be aware that he will have to have the "legal authority". This will be the Warrant of Execution that would have been "authorised" by the Traffic Enforcement Centre.

 

Unless a Warrant has been authorised he cannot enforce the debt.

 

HOWEVER.........

 

Printed on the Warrant of Execution is the following:

"If your goods are seized you will be left a Notice of Seizure of Goods & Inventory together with a copy of this Warrant of Execution"

 

Clearly. in your case, in the absence of valid documentation the bailiff has not completed a seizure on your vehicle and he therefore cannot charge anything other than the statutory visit fee.

 

If this was me I would be inclined to write a letter of complaint to the company and state that you believe that their bailiff has attempted to deceive you with the sole intention being of extracting additional fees.

[fieryred0_0]

Wondering if anyone can offer me on any advice regarding bailiffs visit to sieze goods in relation to an unpaid parking ticket, There have been a lot of problems with the company used, Bristow & Sutor, I`ll explain best I can and hope you dont all get bored before you finish reading my post.

 

Firstly I accept full responsibility for it ever getting this far, Was given many warnings and lots of time to clear the debt with Erewash Borough Council, who issued the ticket, and didnt, a combination of good intentions going astray and burying my head in the sand led to them instructing Bristow & Sutor to collect, So the fact that my £30 PCN was now £136.25, I accepted was a consequence of my actions and I had no-one to blame bu me, I dont want to rant about the injustice of paying more than £30, I had the chance to pay and didnt-end of!!

 

My grievance/anger/frustration is at the errors made by Bristow & Sutor and the fact that they wouldnt listen to reason at all.

 

Details of visits:

 

1st-4th April 2011-Bailiff visited explained why he was attending and who he worked for etc and told me he was there to collect balance in full (cannot remember if I recieved any letters from B&S before this visit) I made no excuses said i`d ignored it, hoped it`d go away etc and said I didnt have enough to pay in full (£136.28) but would like to make an arrangement to settle the debt, He said he`d need at least £50 to set up a payment schedule, I told him I didnt have any cash in the house but that when collecting my children from school I could withdraw some from the cash point if he wouldnt mind returning at 3:30 (approx 2 hours later) When he returned I apoligised and explained i`d already taken some cash out that day and could only withdraw a further £30 on my daily limit,I asked if I could give him that if i bought the phone ouitside and made another payment of £20 via telephone banking whilst he was there. He told me that it wasnt worth taking just £30 and asked if I could make 2 payments of £68, on 20th may and 20th June, I agreed but stated I didnt have sort code etc, he said he could get them but hed still need to complete a levy (think thats what it was called) on my car in case I didnt pay, I accepted this but that I needed to start kids homework/tea etc.and asked if he could knock when he`d done the paperwork.

After 10 mins he knocked again handed me the levy and the corner from a brown envelope with acc number sort code and left.

 

2nd 4th may 2011-I answered the door to find a bailiff from B&S demanding £200+ for PCN or that he`d be taking my car there and then, I asked why he was visiting 16 days before my 1st payment was even due, He said I`d made no arrangement and no other bailiff had been, I described the bloke that had been, told him the amounts, due dates etc he was very intimidating and said I was buying time and that i`d need to PROVE someone another bailiff had been before or he wanted the full balance or was taking my car and that he`d wait in the van, I scrambled through my very unorganised filing system trying to find the levy/envelope corner whilst the 2 burly blokes sat in the van outside laughing, After half hour I was in tears but he knocked and said someone had been and set up the plan as i`d said but they had no authority to do so and they hadnt made any note of his visit on the system, I said I was panicking and said i`d be more than happy to make the £68 payment to him there and then, He said it didnt matter and that all charges/fees would be deducted, with that he left.

 

Additional info:made payment of £68 to the sort code/account number I was given on the 20th may, Did recieve a letter dated 24th, which was a notice of removal, Stupidly I presumed it must have crossed with my payment- could kick myself for not double checking!!

 

3rd- 16th June 2011 I answered to find a bailiff with his face virtually pressed on the door looming over me, saying I had no more chances that he was here to remove my car and if I didnt give him the keys he`d put a clamp on it, I started getting a bit hysterical cause his mate was already getting clamp out the van, said why was they doing this when I`d made the payment with the details i`d been given, he asked to see the details, I fetched them and he rung the office and kept saying no payments have been recieved, I kept repeating are they the right details i was given but he wouldnt ask, I explained about the 1st bailiffs visit, again they said I was buying time and although there was a record of 2nd bailiff, I was lying about the other and that either way i`d breached and he started opening my car door, I was beggin him saying please ring the office, if they speak to the bailiff that had visited on in May he should be able to tell them who he was and to check if the account i`d paid into was the right one, He refused point blank, my friend who was at my house came out to see what the noise was, I asked her to wait with my car whilst I called bristow nd sutor to try and clear up any misunderstanding, I was on hold 20 mins with him shouting it`s another £50 in 10 mins, I finally got through to someone and was sobbing that there had been a mistake and could they please tell him to hold off while they looked into it, she said, no we dont get involved with the enforcement officers and he said he was removing my car then he`d remove it and hung up.

I again tried reasoning that I could scrape up the £136 that would cover the missing £68 and the next payment that was not due for 4 days, he said £365 or your car your choose and that I had 2 minutes to decide before he would be adding the extra £50, I was threatening to sit in my car and not move as I didnt have anywere near that amount of money nor could I get it in less than 2 mins but didnt deserve to lose my car, he said he`d call the police and have me arrested and there would be noone home for the kids when school finished, I again pleaded saying just call your office and double check the details i`d made a payment to saying i`d tried to pay what I needed to and didnt know were the money had gone but didnt have the £350+ he was demanding,

Whilst this was happening my friend had been calling round HER family to borrow the money and her partner, who I barely know, turned up with his credit card and paid it off, They left me hysterical, almost £400 in debt and humiliated as neighbours had obviously heard the chaos and had come outside.

 

I phoned the office several times that day, they simply refused to put me through to any management, said they didnt need to speak to me if they didnt want to either and to put it in writing.

 

It turns out the 1st bailiff had given me the account number with 1 number wrong (ending in a 9 when should have been a 0, could be his handwriting, but looked like a 9 to me) but I called the bank and they said the payment would have appeared to leave my account but at midnight when all tranfers are processed it would have bounced back as there was no such account and there would be no record of it being paid as technically it hadnt been.

 

I`m writing a letter of complaint now, but as I cant prove I attempted to make the payment or that the details given to me by the 1st bailiff were incorrect i`m unsure of what basis to complain, feel so angry at the way I was treated by call handlers/enforcement officers, I have never felt so powerless and vunerable in my life.

 

Dont know if it matters but all I was left with was a receipt of payment, I was given no paperwork/documents at all

thanks in advance for any help or advice offered

[hallowitch]

Wondering if anyone can offer me on any advice regarding bailiffs visit to sieze goods in relation to an unpaid parking ticket, There have been a lot of problems with the company used, Bristow & Sutor, I`ll explain best I can and hope you dont all get bored before you finish reading my post.

 

Firstly I accept full responsibility for it ever getting this far, Was given many warnings and lots of time to clear the debt with Erewash Borough Council, who issued the ticket, and didnt, a combination of good intentions going astray and burying my head in the sand led to them instructing Bristow & Sutor to collect, So the fact that my £30 PCN was now £136.25, I accepted was a consequence of my actions and I had no-one to blame bu me, I dont want to rant about the injustice of paying more than £30, I had the chance to pay and didnt-end of!!

 

My grievance/anger/frustration is at the errors made by Bristow & Sutor and the fact that they wouldnt listen to reason at all.

 

Details of visits:

 

1st-4th April 2011-Bailiff visited explained why he was attending and who he worked for etc and told me he was there to collect balance in full (cannot remember if I recieved any letters from B&S before this visit) I made no excuses said i`d ignored it, hoped it`d go away etc and said I didnt have enough to pay in full (£136.28) but would like to make an arrangement to settle the debt, He said he`d need at least £50 to set up a payment schedule, I told him I didnt have any cash in the house but that when collecting my children from school I could withdraw some from the cash point if he wouldnt mind returning at 3:30 (approx 2 hours later) When he returned I apoligised and explained i`d already taken some cash out that day and could only withdraw a further £30 on my daily limit,I asked if I could give him that if i bought the phone ouitside and made another payment of £20 via telephone banking whilst he was there. He told me that it wasnt worth taking just £30 and asked if I could make 2 payments of £68, on 20th may and 20th June, I agreed but stated I didnt have sort code etc, he said he could get them but hed still need to complete a levy (think thats what it was called) on my car in case I didnt pay, I accepted this but that I needed to start kids homework/tea etc.and asked if he could knock when he`d done the paperwork.

After 10 mins he knocked again handed me the levy and the corner from a brown envelope with acc number sort code and left.

 

2nd 4th may 2011-I answered the door to find a bailiff from B&S demanding £200+ for PCN or that he`d be taking my car there and then, I asked why he was visiting 16 days before my 1st payment was even due, He said I`d made no arrangement and no other bailiff had been, I described the bloke that had been, told him the amounts, due dates etc he was very intimidating and said I was buying time and that i`d need to PROVE someone another bailiff had been before or he wanted the full balance or was taking my car and that he`d wait in the van, I scrambled through my very unorganised filing system trying to find the levy/envelope corner whilst the 2 burly blokes sat in the van outside laughing, After half hour I was in tears but he knocked and said someone had been and set up the plan as i`d said but they had no authority to do so and they hadnt made any note of his visit on the system, I said I was panicking and said i`d be more than happy to make the £68 payment to him there and then, He said it didnt matter and that all charges/fees would be deducted, with that he left.

 

Additional info:made payment of £68 to the sort code/account number I was given on the 20th may, Did recieve a letter dated 24th, which was a notice of removal, Stupidly I presumed it must have crossed with my payment- could kick myself for not double checking!!

 

3rd- 16th June 2011 I answered to find a bailiff with his face virtually pressed on the door looming over me, saying I had no more chances that he was here to remove my car and if I didnt give him the keys he`d put a clamp on it, I started getting a bit hysterical cause his mate was already getting clamp out the van, said why was they doing this when I`d made the payment with the details i`d been given, he asked to see the details, I fetched them and he rung the office and kept saying no payments have been recieved, I kept repeating are they the right details i was given but he wouldnt ask, I explained about the 1st bailiffs visit, again they said I was buying time and although there was a record of 2nd bailiff, I was lying about the other and that either way i`d breached and he started opening my car door, I was beggin him saying please ring the office, if they speak to the bailiff that had visited on in May he should be able to tell them who he was and to check if the account i`d paid into was the right one, He refused point blank, my friend who was at my house came out to see what the noise was, I asked her to wait with my car whilst I called bristow nd sutor to try and clear up any misunderstanding, I was on hold 20 mins with him shouting it`s another £50 in 10 mins, I finally got through to someone and was sobbing that there had been a mistake and could they please tell him to hold off while they looked into it, she said, no we dont get involved with the enforcement officers and he said he was removing my car then he`d remove it and hung up.

I again tried reasoning that I could scrape up the £136 that would cover the missing £68 and the next payment that was not due for 4 days, he said £365 or your car your choose and that I had 2 minutes to decide before he would be adding the extra £50, I was threatening to sit in my car and not move as I didnt have anywere near that amount of money nor could I get it in less than 2 mins but didnt deserve to lose my car, he said he`d call the police and have me arrested and there would be noone home for the kids when school finished, I again pleaded saying just call your office and double check the details i`d made a payment to saying i`d tried to pay what I needed to and didnt know were the money had gone but didnt have the £350+ he was demanding,

Whilst this was happening my friend had been calling round HER family to borrow the money and her partner, who I barely know, turned up with his credit card and paid it off, They left me hysterical, almost £400 in debt and humiliated as neighbours had obviously heard the chaos and had come outside.

 

I phoned the office several times that day, they simply refused to put me through to any management, said they didnt need to speak to me if they didnt want to either and to put it in writing.

 

It turns out the 1st bailiff had given me the account number with 1 number wrong (ending in a 9 when should have been a 0, could be his handwriting, but looked like a 9 to me) but I called the bank and they said the payment would have appeared to leave my account but at midnight when all tranfers are processed it would have bounced back as there was no such account and there would be no record of it being paid as technically it hadnt been.

 

I`m writing a letter of complaint now, but as I cant prove I attempted to make the payment or that the details given to me by the 1st bailiff were incorrect i`m unsure of what basis to complain, feel so angry at the way I was treated by call handlers/enforcement officers, I have never felt so powerless and vunerable in my life.

 

Dont know if it matters but all I was left with was a receipt of payment, I was given no paperwork/documents at all

thanks in advance for any help or advice offered

 

Hi welcome to CAG please use this link to start your own thread this will ensure you receive the best help possible

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[fieryred0_0]

thanks was going to but not sure what to title it lol x