bailiffs and parking fines

[madh21]

Hi..just been told by Dukes Bailiffs that

A. they arent interested in payments by instalments and that I cannot apply back to the court

 

and

 

B. They can take my car even though its on HP

 

Can they take my car off my drive? or even clamp on my drive?

[ploddertom]

Hi..just been told by Dukes Bailiffs that

A. they arent interested in payments by instalments and that I cannot apply back to the court

 

and

 

B. They can take my car even though its on HP

 

Can they take my car off my drive? or even clamp on my drive?

 

Bailiffs only speak one language - bollox - never believe anything they say. They will tell you anything to get what they want - cash. If your car is on HP and still has a good while to go then no they can't take it, they could clamp it to make life awkward.

 

Post more details what this is all about and you'll get better advice to help you.

 

PT

[madh21]

the car is only 6 months old! and has 3 1/2 years to run.

 

Surely they cannot tresspass on to my drive?

[ploddertom]

the car is only 6 months old! and has 3 1/2 years to run.

 

Surely they cannot tresspass on to my drive?

 

Keep a copy of the HP agreement handy or better still send them one. Providing the Bailiff is suitably Certificated and dependent on the type of debt he is collecting on he is allowed to levy distress anywhere in England & Wales.

 

PT

[madh21]

Can you apply to suspend a warrant of execution on a parkin fine or does that just apply to CCJ's?

[tomtubby]

Hi..just been told by Dukes Bailiffs that

A. they arent interested in payments by instalments and that I cannot apply back to the court

 

and

 

B. They can take my car even though its on HP

 

Can they take my car off my drive? or even clamp on my drive?

 

Your car is exempt from seizure as it is not owned by you. The bailiff knows that he cannot sell the vehicle and therefore he cannot seize it either.

 

You can only seize what you can sell otherwise the bailiff can be accused of clamping merely to impose charges for his benefit.

[if truth be known]

Hi..just been told by Dukes Bailiffs that

A. they arent interested in payments by instalments and that I cannot apply back to the court

 

and

 

B. They can take my car even though its on HP

 

Can they take my car off my drive? or even clamp on my drive?

 

Going through exactly the same thing. they can clamp your car whilst on HP but they cannot remove it...

they do threaten to do so and even call the truck to scare you, but if there is still a substantial amount of finance on the car then the HP company will have an interest in it therefore meaning apparently bailiffs cannot legally lift it. Only exeption is if bailiff has been instructed by HP company as you have defaulted on payments for the car.

 

my mums car still remains clamped, should be getting it back tomorrow after a huge fight and a miliion phone calls. best of luck

[madh21]

Can I please have some advice?

 

I incurred a car parking ticket about 18 months ago when I didnt realise that I had to pay....the sign was not within sight of where I parked and nor a ticket machine. This aside, I couldnt afford to pay it and has now escalated significantly. I've had a bailiff call a couple of times (never when I have been there) who have pushed letters through my door threatening to seize goods and charging me lots off fees. A 30 pound fee now stands at 351.70!

 

Today at 6am I heard a knock at my door, I was in bed as were my children. I was not going to answer the door at such a time as I am a single parent and felt quite vulnerable. I looked outside and a silver van was parked infront of my house. Eventually the person went away.

 

Later this morning as I was leaving my house I was approached by a stranger who handed me an envelope. 'I think this may belong to you she said, I found it on the pavement down the road and had looked inside to see if she could find details of whom to return it'.

 

I opened the letter (had not even been sealed) to find a lketter from Dukes Bailiffs informing me that they had attended this morning to effect full settlement of the amount outstanding. Attached was a walking possession agreement for my car signed and dated by the bailiff. It stated that if the amoiunt wasnt paid within 1 day of this notice then they will return to my address to remove the car. (which happens to be on HP). I have spoken to him a few weeks back and told him that my car was on HP and he said he can still take it.

 

I also sure that I have read somewhere that goods seized should be proprtionate to the debt. Well there is a massive difference to a 10 grand car and 351.00.

 

Can they do this? Can someone help me please?

[madh21]

Any advice please?

[postggj]

if he comes again

 

just show him the finance agreement

 

fax it over also to the baliff co

 

if on hp, they cant touch the car

[honey b]

are the additional costs only the bailiff costs?

get a full breakdown of all the costs IN WRITING.

the bailiff cant take the car if you are not the outright owner.

 

HB

PS when I got a full breakdown of bailiff costs I found that they were charging me

- a seizure fee when they never seized anything as they never got into my home

-taking possession, removal and storage of goods. Like I said they never even got inside my house

-a no sale inventory fee. they never got inside my house, never took a thing so how could they charge me for "non sale" of my possessions at auction :S

[madh21]

Yes...the charges are bailiff charges only. And the car is only 8 months old....3 yrs 4 months left to pay!

 

The have added levy charges but havent levied anything and vat on top of that. they say they have charged £12+ for letters and for turning up with a van.

[josephbloggs]

i doubt it will be a walking possession agreement if its for a parking ticket, but probably a levy of goods, most likely your vehicle along with the list of charges itemised along with the walking possession at the bottom. and a signature of the bailiff .

if as you have already said you have had previous visits along with the letter sent via post (£11.20 +vat) before that - the fees are not illegal but proportionate to the stage the warrant is at. and if there is nothing else to 'levy' on then i think they can list the vehicle especially if it relates to the pcn in question.

[honey b]

madh21

I suggest your first step will be to write to the bailiffs and request a FULL breakdown of their costs and also make an offer of payment (say £25 per month or whatever you can realistically afford). This will buy you some time and it will give you the opportunity to find out whether some of the bailiff costs are fraudulent or not.

If I am honest I didnt think the bailiffs could take a vehicle that does not belong to you. As it is still within the HP period, it actually belongs to someone else but you are the registered keeper.

Also, a walking posession agreement requires your signature. So, basically without your signature there is not agreement.

Are you sure the bailiff didnt leave some sort of "notice of seizure", called form 55?

[honey b]

Apparently the bailiffs cannot levy on something that still belongs to the finance company unless they are acting on behalf of the finance company.

 

Beware that sometimes people on this site may give the wrong advice through ignorance and sometimes they may give the wrong advice on purpose because they are actually bailiffs themselves!

Remember try to make all communications with the bailiff in writing. If you absolutely must speak to them then record the conversation (whether it is on the telephone or in person). You must ALWAYS keep everything as evidence in case you need it later.

Below is an extract from HOW TO RECLAIM AN IMPOUNDED VEHICLE FROM A BAILIFF

The seized vehicle is on finance?

Hooray! The bailiff has an invalid levy because the vehicle (the goods seized) does not belong to the debtor because it’s the property of a finance company. Bailiffs cannot use the finance company’s goods as collateral for your debt, and by doing so the bailiff is committing an offence under Section 2 of the Fraud Act 2006. If the bailiff says we can still take the vehicle then you have an admission of liability – write down everything the bailiff says and record any phone calls containing an admission.

Take the finance document showing the vehicle registration mark, comments made by bailiffs, a witness over 18, a copy of the warrant (Traffic Enforcement Centre on 08457 045007) and evidence the final payment hasn’t been made to a police station and report it stolen. Ask the police to attend the bailiff's address and recover the car. If the police pass off a theft of motor vehicle as a civil matter then contact the IPCC. (Unless the finance company is the one named on the warrant)

If the police say the finance company must report the vehicle stolen then this is NOT TRUE, when the police become aware a crime is committed they are under Duty to investigate. Prepare to be fobbed off with excuses.

If the bailiff is uncooperative then ask the court to return the vehicle to you.

Note: An authority is always liable for its bailiffs. All costs and expenses (including damage to the levied vehicle) relating to an invalid levy are charged to the authority that issued the original debt. NEVER charge it to the bailiffs.

[ploddertom]

 

Also, a walking posession agreement requires your signature. So, basically without your signature there is not agreement.

Are you sure the bailiff didnt leave some sort of "notice of seizure", called form 55?

 

Please note a WPA is still valid if not signed by the debtor the only difference being is that if signed the Bailiff can then claim his WP Fee.

 

Form 55 is the Notice of Seizure on High Court Writs, for this type of debt it is a Form 7 or Form 9.

 

PT

[honey b]

Ploddertom

 

aaah....my bad

 

all of my dealings have been with hceos not "ordinary" bailiffs hence the mistake .

 

but it probably works in a similar manner...right??

 

HB

Edited July 14, 2010 by honey b
where are my smileys???

[ploddertom]

 

but it probably works in a similar manner...right??

 

HB

 

It certainly does just a different name or number.

 

PT

[Feebee_71]

Something not made clear in the thread yet and no-one has yet asked the OP - was the parking ticket from the council or a private parking company?

 

Feebee_71

Edited July 15, 2010 by Feebee_71
added couple of words

[Surfer01]

FeeBee I was just about to ask the same question. If the OP has the ticket can they post it up on this thread. Do you have pictures of the signs were you fot this fine?

[josephbloggs]

if the ticket was a private company/on private land, then would be unenforceable so merely the fact that a walking possession agreement is being mentioned tells you its a council pcn hence bailiffs.