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Urgent help. Bailiffs seized my work van and tools.


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Sorry posted this twice, please see "Bailiffs took my van and work tools". thanks

Bailiffs came to my house today to seize goods for an unpaid PCN. I wasn’t at home at the time, but when I arrived home they were in the process of towing my work van away with all my tools inside. I’m self employed.

I explained to them 3 times that they could not seize any items that prevented me from going to work, but they insisted that they could unless I paid £560 immediately. I couldn’t of course but I did offer £140. The bailiff took this and said that he would ring his boss and say that he had £140 in his hand and would this be acceptable as part payment and would they be able to leave the van. The answer was no so he gave me a receipt for the £140 he said they were still seizing my van until I paid the balance.

On read the documents they left in the “Helpful Information” section it states:

The only goods enforcement agents can’t take are:

· Tools, books, vehicles and other items of equipment that are necessary for work. A motor vehicle that a person may use for work can be taken unless it is necessary to the job and not used by anyone else or for any other purpose.

I am supposed to be going to work tomorrow (Thursday) and now I can’t and I am afraid that I will lose the job.

I have managed to get the rest of the money together and arranged for the bailiff to call again tomorrow lunchtime to collect it so that I can get my van back.

Where do I stand? Any help would be grateful thanks.

Skiton

Edited by skiton
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Not to good on the parking charges bit but believe the following should help with your understanding of the vehicle and its contents.

 

Was the vehicle only used solely by yourself - that is no other driver be it colleague, employee, family member - and insured for business purposes. Do you know exactly what was on board - there are instances when stock/tools have gone missing. Were the tools/stock on board easily identifiable as being for business.

 

I assume that whatever they told you today you owe will have increased again because they will want storage charges.

 

Did you have any prior knowledge of the ticket? You could try appealing to the Authority who issued it explaining about your vehicle - they are just as responsible as the Bailiff for its removal. Unfortunately in some cases you have to pay first then set about chasing any unlawful fees afterwards.

 

PT

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Not to good on the parking charges bit but believe the following should help with your understanding of the vehicle and its contents.

 

Was the vehicle only used solely by yourself - that is no other driver be it colleague, employee, family member - and insured for business purposes. Do you know exactly what was on board - there are instances when stock/tools have gone missing. Were the tools/stock on board easily identifiable as being for business.

 

I assume that whatever they told you today you owe will have increased again because they will want storage charges.

 

Did you have any prior knowledge of the ticket? You could try appealing to the Authority who issued it explaining about your vehicle - they are just as responsible as the Bailiff for its removal. Unfortunately in some cases you have to pay first then set about chasing any unlawful fees afterwards.

 

PT

 

Hi ploddertom thanks for the reply.

 

I am a sole trader and the van is insured as a business van. I know exactly whats in the van, tools and materials.

Yes I do remember getting the ticket, but as I work away from home all the time and somtimes abroad for maybe a month or two I forgot about it. I will be calling the issuing authority and the CAB in the morning as I have just found on this forum that Section 54 of the Magistrate Courts Rules it expressly prohibits bailiffs from removing a vehicle used in the course of employment.

Yes I am going to pay up just to get my van back so that I can go to work. I just wanted to know where I stood legally regarding the fact that they took something they are not legally entiteld to take. Also about £2k tools/materials not to mention the value of the van far outway the value of the fine/fees about £560.

 

skiton

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