What I can do to a vehicle untill it is taken by bailiff

[scorted99]

Hey all.. Spent alot of time reading this forum recently, so really hoping you'll be able to help.

 

My vehicle is currently clamped by County Court Bailiff for unpaid PCNs. Have tried everything legal and not so legal (cant beat Bailiffs at their own game eh) to keep it, but finally now just admitting its gone and will be looking towards more formal solutions to all my longterm debt issues now, as nothing left to lose going for the big B.

 

It is not subject to a WPO, I have signed nothing and the bailiff has not entered my home.

 

I have some repair work I need to complete to the vehicle. That would involve removing parts from it. Am I right that the vehicle is still mine and I can legally do anything I like with it and too it, providing I leave there clamp alone?

 

It has several months tax? Is that mine and can be surrendered back to DVLA for a refund?

 

The bailiff has demanded the keys, V5, MOT etc and said if I fail to produce them, the police will make me?

 

I guess ultimatly, question is at what point does the vehicle become theirs and I start committing criminal damage, theft, or whatever to my own stuff.

 

Thanks.

[cctv engineer]

it is still your car until taken. if it has been clamped ask to see there sia licence. (cant clamp a car without one) if the car is not on private land then if you remove the tax then you have another fine (£1000) and what do you mean by doing things to your car ???

[Markiemark1]

There is lots of confusion about SIA licences and clamping. You need to be licenced by the SIA if you clamp vehicles that are parked on private land and charge a release fee. You do not need a licence to clamp if you are a bailiff executing a warrant. You are not charging a release fee, you are executing a warrant.

 

By levying distress the bailiff has seized the vehicle into the custody of the law, so it may be difficult to remove items from the vehicle (VEL excluded).

 

In terms of the V5 etc - the police won't "make" you do anything. If the bailiff manages to convince the police to attend (he'll be lucky!) then they will be there purely to prevent a breach of the peace.

 

HTH

 

MM

[scorted99]

Thanks guys.

 

I have clamed down somewhat and decided to think about the bigger picture. I have removed my personel effects from the vehicle, also the uprated sound system and a few interior modifications I had added, so its basically factory spec and will stay that way. All thats left is to drain the tank, as I put £30 worth of Diesel in it the day before they clamped it, so sod that! :grin:

 

I figured the police wouldnt give a monkeys and even if, they don't get in here without a warrant.

 

Unfortunalty on this one I think I've lost...

[hallowitch]

whats the value of the car

 

If the car was sold would it cover the parking ticket all bailiffs fees including removal costs storage fees auction fees

[scorted99]

Car isnt worth allot at all, infact removal and sale costs will be more than its worth. Whats scrap atm? about £40/tonne...

 

Its sale wont come anywhere near covering the debt, I'm still amazed they actually want it and reckon its being taken more out of spite than anything else. Do Bailiffs have access to MOT records? I dont run illegal motors as young males in old cars are a stop check magnet, but talking weeks of MOT left on it.. I've been bricking where the cash to get another ticket was gonna come from tbh.

 

Also any idea on the tax situation? I figure its a duty I have paid to the government. If I send that refund thing off before it becomes theirs, cant see how they have any claim to it whatsoever? Just the same as if I sold it to Joe Public and kept the tax as you sometimes do when peeps think they'll get a better deal from Swansea.

 

Thanks for replies, reading my OP now, can see it wasnt written on a cool head and didnt make much sense, so is apprieated.

[Indebted1971]

As long as you declare SORN on the vehicle and i.e dont drive it (if it gets unclamped) until you undeclare SORN you could take the tax and get a refund on it and then retax it if you do ever get to keep the car at a later date. The DVLA wont fine you as long as it is registered as SORN for the period there is no tax in the car.

[scorted99]

They took it yesterday. Got untill Friday to come up with what they want or off to auction it goes. I've let it go and to be honest even they know the recovery costs outweight the value of the car, so have actually increased by debt by taking my only asset! Further Financial Hardship anyone?

 

Tried to claim me taking the tax disc was theft and get the police involved = fail.

 

They are real **** tho. One of my neighbours tried to comvince me I should sell him the car complete with clamp for £50 the other day. Then when the bailiffs arrive complete with tow truck yesterday, they actually cut a deal between themselves!!! He would buy the car for £300 off me and they'd release the clamp for him.. I didnt know whether to laugh, cry or beat them all to death with my bare hands. Expect it from bailiffs, but not from your own neighbours and the oppotunistic bottom feeder seemed to genuinely believe he was doing me a favour?!?!?!?!?!?!

[hallowitch]

They took it yesterday. Got until Friday to come up with what they want or off to auction it goes. I've let it go and to be honest even they know the recovery costs outweight the value of the car, so have actually increased by debt by taking my only asset! Further Financial Hardship anyone

 

Have you made a formal complaint to the council if not i suggest this is your next step send formal complaint to the chief executive of your council

 

the removal of this car should NOT increase the debt

the reason for a levy is to secure payment against the debt not to increase the bailiffs fees

[marie6666red]

a car is a load of metal....let it go...i know of a lad where ilive, 29 yrs old. one 4 year old and a baby on the way....car clamped the other day, prob the end of a long line of harrassment....by lunchtime the lad had hung himself............BAILIFFS MUST BE SOOOOO PROUD OF THEMSELVES