Bailiff car clamped for parking ticket

[imsolush]

I got two parking tickets for parking at my old address which was permits only. mine had been sent off for and paid for but hadnt arrived. council told me to put note in windscreen explaining which i did. still was given tickets, council told me they would be appealed as id spoke to them and lived at that address.

 

didnt hear anything else, until this week when my car was clamped. i phoned the number and was told i had to pay £392 in half an hour or my car would be taken and sold. i paid him over the phone. when he arrived he said hed be charging another £342 later on that day. i said i didnt have the money. but he used my account details and took it anyway. i did not get a recept for the money he took.

 

i had had no prior letters or visits from anyone about this.

 

I am a one parent family and work 20 hours looking after elderly people. i get housing benefit and working /child tax credits. i couldnt get to work that day or my son to school. and if my car had been taken would have had to give up my job and take my son out of school. i only had the money in my account saved to buy furniture for our new flat and pay the rent and food which we cant do now.

 

could anyone give any advice on if i have any rights here. thank you.

[crem]

At this stage I think you need tomtubby's bailiff expertise input.

[Conniff]

At this stage I think you need tomtubby's bailiff expertise input.

 

Agreed, this is a serious one - have you called him crem?

 

I can only see court action for this one.

[crem]

Agreed, this is a serious one - have you called him crem?

 

I can only see court action for this one.

 

 

I hadn't, but I have now sent HER a message link.

[Conniff]

OOps yes - sorry.

[tomtubby]

I got two parking tickets for parking at my old address which was permits only. mine had been sent off for and paid for but hadnt arrived. council told me to put note in windscreen explaining which i did. still was given tickets, council told me they would be appealed as id spoke to them and lived at that address.

 

didnt hear anything else, until this week when my car was clamped. i phoned the number and was told i had to pay £392 in half an hour or my car would be taken and sold. i paid him over the phone. when he arrived he said hed be charging another £342 later on that day. i said i didnt have the money. but he used my account details and took it anyway. i did not get a recept for the money he took.

 

i had had no prior letters or visits from anyone about this.

 

I am a one parent family and work 20 hours looking after elderly people. i get housing benefit and working /child tax credits. i couldnt get to work that day or my son to school. and if my car had been taken would have had to give up my job and take my son out of school. i only had the money in my account saved to buy furniture for our new flat and pay the rent and food which we cant do now.

 

could anyone give any advice on if i have any rights here. thank you.

 

There are so many things wrong here that it is difficult where to start.

 

Can you tell me which bailiff company this was?

 

The bailiff is certainly in trouble on this one. CLEARLY, he was aware of 2 warrants for unpaid PCN's and enforced one early in the day and intended on returning later the SAME DAY for the second PCN. A Bailiff cannot do this and he knows it. They MUST enforce at the same time as otherwise, he is attempting to apply "multiple charges" .

 

Because of the manner in which this has been enforced, it is certainly possible to contact your credit card provider to make a claim for the charge to be reversed. You will need to speak to your card provider for this.

 

Can you let me also know which local authority this was?

 

If the local authority will not cancel these PCN's, then you need to immediately file two Out of Time Applications with the Traffic Enforcement Centre. If you send me a PM, I can provide a template for you. You will need to have the PCN numbers to hand.

 

Did the bailiff provide a Notice of Seizure of Goods & Inventory? This is a legal requirement if a vehicle has been clamped.

[imsolush]

HI thanks so much for your reply. all this mess has really made me feel ill. the bailiff company was Equita, and the local authority is colchester borough council.

i will contact my bank to see if they will do this. i have spoken to the council and they said they did not give me that information about putting a note in my windscreen or getting them appealed as that is incorrect info. i wouldnt make something like that up though but i suppose its my word against theirs.

I have just requested the pcn numbers from council as i dont know them. and have asked for a out of time application from the traffic centre.

they didnt issue a notice of seizure inventory.

[imsolush]

im very greatful for your advice tomtubby!

[lamma]

tomtubby is good.

[tomtubby]

HI thanks so much for your reply. all this mess has really made me feel ill. the bailiff company was Equita, and the local authority is colchester borough council.

i will contact my bank to see if they will do this. i have spoken to the council and they said they did not give me that information about putting a note in my windscreen or getting them appealed as that is incorrect info. i wouldnt make something like that up though but i suppose its my word against theirs.

I have just requested the pcn numbers from council as i dont know them. and have asked for a out of time application from the traffic centre.

they didnt issue a notice of seizure inventory.

 

If you want help in completing the form, please do let me know.

[imsolush]

thank you again!!

 

I did copy and paste part of your previous message to the council, and i think they actually started taking me seriously and replying to me. rather than saying "computer says we cant help you".

 

They have just told the bailiff morons to pay me back £300!! am well pleased!

 

Am still complaining about them though to the bailiff regulator people and the local government ombudsman.

 

xx

[Andy77799]

Excellent results!

[tomtubby]

thank you again!!

 

I did copy and paste part of your previous message to the council, and i think they actually started taking me seriously and replying to me. rather than saying "computer says we cant help you".

 

They have just told the bailiff morons to pay me back £300!! am well pleased!

 

Am still complaining about them though to the bailiff regulator people and the local government ombudsman.

 

xx

 

 

WOW.....so there is ONE local authority who have an ounce of common sense. WELL DONE Colchester Council.

 

Your complaint however..would not have been a ONE OFF...and for this reason tyou need to ensure that you make a Formal Complaint to the Chief Executive concerning the charging by THEIR appointed bailiffs.

[cactuskid]

i said i didnt have the money. but he used my account details and took it anyway.

 

wtf is this for real?

 

How did he take money from your account without your permission? how did he know your bank details?

 

[crem]

How did he take money from your account without your permission? how did he know your bank details?

 

 

I get the impression this was a credit card transaction. Having given the bailiff the card details in the morning for the first PCN, they reused the card details again on the afternoon without the cardholder's permission to process the second PCN. They had all the details the needed from the first phone call.

[cactuskid]

oh yes i see now thanks. That reminds me of a time when I used a debit card to pay a car finance payment for my sister when she was broke. The company continued to take payments from my card when she defaulted even though I called them to stop doing it. They said they had the right to do it because I gave them my card details and the bank agreed! The solution was to cancel my card.

 

The more stories I hear and situations experienced, it seems that there is a system of opression that goes further than just the banks and bailiffs etc. The tree of darkness has roots, you know what i mean?