Levy on a Car (general question)

[el_sid]

When bailiffs Levy a car on the drive, (Council Tax arrears).

 

Do they clamp it? If it is to be removed? Does the bailiff organise a cradle lift, as I can see no way a car in gear, hand brake applied can be towed away.

 

Reading through many of the council tax forum threads, I have not noticed any examples of this happening!

[josephbloggs]

hi there, to my knowledge a bailiff/ bailiff company can remove a vehicle regardless of how they find it.

i'd bet if the vehicle is on a driveway then a bailiff will block it in, but if its on a street of terraces then it will be clamped. ideally for the bailiffs they would want the keys, logbook and mot certificate because obviously they would want it to fetch the most amount of money if it had to go to auction.

of course, as well as a cradle lift there is a tilt and slide with the wire to drag it onto the back.

clamps are a dodgy issue because whilst the use of clamps isn't illegal, the rules and regs are changing because of the countless unlawful and unregulated private clamping firms as seen in car parks etc. it is possible to easily remove a certain type of clamp as well...(let your tyre down!)

the bailiff should do the nesessary checks before removing it, often asking neighbours and the hpi checks (eg. experian), if there has been no correspondance.

a common misconception is that a bailiff cant remove the vehicle if it on finance, however if the removal and subsequent sale of said vehicle was enough to pay the original bill w/ fees and also the remainder of the finance upon the vehicle it could be removed.

also i heard if there is a logbook loan secured on the vehicle, the vehicle can still be removed. logbook loans are ridiculous in any case.

[RaeUK]

...a common misconception is that a bailiff cant remove the vehicle if it on finance, however if the removal and subsequent sale of said vehicle was enough to pay the original bill w/ fees and also the remainder of the finance upon the vehicle it could be removed...

 

I am no expert, joseph, and I'm sure people on here can clarify for me, but I don't believe it's a misconception. Surely it's a matter of ownership? If the vehicle is owned by the finance company 'til the last penny piece is paid then they are the owners. Irrespective of whether the finance is paid as a result of the subsequent auction, I'd be surprised to learn that a bailiff can take things that do not belong to the debtor!

Rae.

[Nintendo Pü]

When bailiffs Levy a car on the drive, (Council Tax arrears).

 

Clamping vehicles for council tax arrears is uncommon, it more common with parking tickets because the bailiff knows the registration of the offending vehicle.

 

The bailiff can lawfully clamp a vehicle on private land, but if the vehicle is on a public highway, then, interestingly this is in breach of the Statute of Marlborough 1267. A very old piece of legislation but still on the statute book nonetheless. The DVLA pervert this legislation all the time each time it clamps an untaxed car, effectively the clamper is 'arresting' the car. Their liabiolity inuranc e does not cover them for winching a vehicle without the owners consent because this method is inmtended for recovering broken down vehicles.

 

Do they clamp it? If it is to be removed? Does the bailiff organise a cradle lift, as I can see no way a car in gear, hand brake applied can be towed away.

 

LIfting a car with a HIAB - a lorry mounted crane - is the most common method of moving a vehicle without the drivers consent. Small firms of bailiffs who cannot afford their own HIAB and trained operator use the winch method, but this can damage transmissions and tyres when dragging the vehcile up an inclined flatbed.

 

Reading through many of the council tax forum threads, I have not noticed any examples of this happening!

 

Its parking ticket, TFL and any case where the debt resulted from a vehicle offence you will encounter clamping. The law doesnt provide for bailiffs to charge a fee for fixing or removing a clamp from a vehicle.

[tomtubby]

Nintendo.

 

In fact in the past 3 months we have seen more cars than ever before being removed and sold for non payment of council tax !!

 

Before sale, the bailiff will almost always seek the agreement of the local authority who readily provide their agreement.

 

The bailiff is permitted by statute law to levy upon the vehicle and obtain the debtors signature on a Walking Possession. HOWEVER...if he did this, the bailiff fees would be limited to just a levy fee and walking possession fee.

 

HOWEVER...if the bailiff were to convince the local authority that the car would obtain sufficient to clear a large proportion of the council tax ( within a few weeks at most) then this would be of benefit to the bailiff because he would then be able to also apply removal and storage fees.

 

With council tax enforcement, any money raised must first be applied to clear bailiff fees with the remainder being applied to clear the Liability Order.

 

A car should of course NOT be removed if the proceeds of sale were not sufficient to clear a large proportion of the Liability Order.

[el_sid]

Following on from what tomtubby says. I see it thus:

 

1. With debtors signature on a Walking Possession, then Levy fee + Walking Possession fee are payable.

 

2. No debtors signature = No Levy, No Van fee chargeable!

 

(What is Walking Possession fee in £?).

 

Thanks

[tomtubby]

Following on from what tomtubby says. I see it thus:

 

1. With debtors signature on a Walking Possession, then Levy fee + Walking Possession fee are payable.

 

2. No debtors signature = No Levy, No Van fee chargeable!

 

(What is Walking Possession fee in £?).

 

Thanks

 

For the sake of good order, it is advised that a bailiff should secure a signature to a walking possession but sadly, when it comes to a levy upon a vehicle OUTSIDE of the property, the bailiff does NOT have to have a signature.

 

If a WP is signed, the bailiff can charge a fee of £12.

[el_sid]

For the sake of good order, it is advised that a bailiff should secure a signature to a walking possession but sadly, when it comes to a levy upon a vehicle OUTSIDE of the property, the bailiff does NOT have to have a signature.

 

If above is true and car was on the drive and not removed, would a Van fee charge be acceptable?

 

 

PS. How do I place a Quote. Not sure I did it correctly?

Edited January 3, 2010 by Alan8376

[tomtubby]

For the sake of good order, it is advised that a bailiff should secure a signature to a walking possession but sadly, when it comes to a levy upon a vehicle OUTSIDE of the property, the bailiff does NOT have to have a signature.

 

If above is true and car was on the drive and not removed, would a Van fee charge be acceptable?

 

A bailiff can charge a "levy fee"if he has levied but he can ONY apply a van fee FOLLOWING a levy if you have failed to adhere to a payment arrangement made with the bailiff.

 

Can you provide further details on the amount on the debt and what arrangements have been made ( if any ) for repayment

 

PS: How much is the car worth etc.

[mkb]

If no levy, can they charge 'attendance/van' fee in relation to unpaid PCN?

[Nintendo Pü]

No, the law doesnt provide for 'attendance' or a 'van' fee as such, the law provides for bailiffs to charge the visit as 28% of the parking ticket charge, he cannot charge you for the same visit twice.

[el_sid]

No, the law doesnt provide for 'attendance' or a 'van' fee as such, the law provides for bailiffs to charge the visit as 28% of the parking ticket charge, he cannot charge you for the same visit twice.

 

 

Sorry, this is a Council Tax issue, not Parking Ticket!

 

Thanks

[Nintendo Pü]

The visit fee is £24.50, the law doesnt provide for bailiffs to charge the same visit twice under names such as 'attendance' fees or 'van' fee.

 

Its common for bailiffs to make up new fees on a hope the taxpayer doesnt know otherwise.