Help! Bailliff seizes company car

[kbdavies]

Hello,

A car registered to a company of which i am the director was

recently towed away by a baillif over an unpaid PCN in Sept 09.

The vehicle has the company name as the registered keeper, and

my name as the contact. The PCN was in the name of the Company, but was incurred by

another employee.

The bailiff arrived early one morning showed me a Notice of Seizure, and demanded payment of the PCN.

 

I had not received anything before, and he had not visited the premises before, so I refused to pay,and eplained i needed to find out which employee got the PCN. He then attampted to clamp the car. When i resisted, he blocked the vehicle in the driveway, and called a tow truck, which removed the car.

 

As i was travelling that morning for 2mths, i instructed the company secretary to go and pick up the car.

The total amount paid for £700. The PCN was £110, Bailliff feed £355, and removal cost £175.

What are my rights, and can they do this?

 

 

Thanks.

[Jamberson]

When a PCN is issued, the party who is liable is the owner of the vehicle. I presume that is your company?

 

If so, then the company has to make good all payments and/or appeals. The person driving the car on the day is irrelevant, unless the owner formally transfers liability to that person prior to the case progressing.

 

All correspondence relating to this matter prior to the tow (Notice to Owner; Charge Certificate; Order for Recovery; Bailiff letters) will presumably have been sent to the company, naming them as liable?

 

If so, you don't appear to have a defence. If not, please could you elaborate on the chain of events.

[kbdavies]

I never received a PCN, or any bailiff letters for that matter. I also never received any notice of seizure letter until the bailliff put it through the door that morning.

He initially asked for payment of the fine + some fees. I refused as i did not know anything about it, he then attempted to clamp the vehicle. I stopped him from doing so. At this stage, he got into his van, and blocked the driveway. He proceeded to call a tow truck which removed the car.

We share a common doorway with other tenants, but we also have lot of mis-delivered mail in our area.

I did not know about OOT's and Stat Decs at this time, and i also had a flight to catch that morning.

 

Thanks

[Jamberson]

Understood. I'm looking at it from a legal point of view. The issue legally is not whether you received them - it's whether they were sent - and whether they were specifically sent to the correct name and address of the owner of the vehicle.

 

The Council can confirm this if you phone them. If they were sent correctly, then alas, I don't think there is anything you can do.

 

If they were not, then you can possibly contest the charges retrospectively, but it's not a promising case even then. Trouble is, bailiff fees do not have to be refunded (and they include the tow fee), and they make up the bulk of the issue here, so forcing their hand is very difficult even if there has been a procedural impropriety.

 

If the car belonged to the party named on the official documents, it's not a case you can realistically fight.