Can a Bailiff ask a Landlord to let him in? - parking ticket for a car I didnt own at the time of the offence

[speedfreak]

Had a bailiff call round today. I was not in, and the reason behind the visit is not really relevant, but it was for a parking ticket for a car I didnt own at the time of the offence - it is being dealt with via the Traffic Enforcement Centre in Northampton.

 

Now, I understand he asked my landlord, who was around at the time ,to let him into my property. As I understand it, this is illegal.

 

Where do I stand here?

[impecunious]

As far as I know and have read - it's unlawful for a Landlord to allow bailiffs entry to your rented room/home. Sorry I can't quote you chapter and verse at the moment - it's home time!

 

Impecunious!

[speedfreak]

Thanks for that speedy reply. What I am trying to find out is who would be at fault - the landlord, bailiff or both, and if the bailiff could be in trouble for suggesting it?

 

have had a good poke round on the web, but cannot find any information on it, apart from something on here that mentions "Using a Landlord's key is illegal" in the Devon and Cornwall Police Guidelines sticky.

[seanamarts]

A bailiff can only enter a home via peaceful means only. If you were not there and your landlord was, then he can let the bailiff in. If the bailiff went to your landlord to get a key or your landlord went with him to let him in then I think you will find that this is not allowed. Your landlord is not allowed to enter your premises unless you have had written warning first or there is an emergency and you are not present. I am almost 99.9% positive this covers bailiffs. one tick will check.

[seanamarts]

A bailiff can only enter a home via peaceful means only. If you were not there and your landlord was, then he can let the bailiff in. If the bailiff went to your landlord to get a key or your landlord went with him to let him in then I think you will find that this is not allowed. Your landlord is not allowed to enter your premises unless you have had written warning first or there is an emergency and you are not present. I am almost 99.9% positive this covers bailiffs. one tick will check.

yup i was right., unless there is a court order the landlord cannot give access to anyone unless he has written to you beforehand. At least 24 hours notice.

[speedfreak]

Ok, thanks again! Sounds like the landlord would be liable in that case! That's a shame - was hoping to be able to exert some pressure on the bailiffs to give a bit more time to sort things out.

[speedfreak]

I find this morning that a bailiff has kindly clamped my car due to outstanding fines on a car that was not owned by me at the time of the tickets. The car is parked on the road. The clamped car is not related to the outstanding tickets in any way, but is registered to me.

 

The new owner of my old car ran up several tickets in my name, but that is another story.

 

Is the bailiff allowed to clamp a totally unrelated car?

 

It really is not worth anything, but I am worried about the associated costs involved in getting the clamp released.

 

I am currently getting the tickets on my old car transferred by the TEC at Northampton, but this could take a while.

 

What is my best course of action here?

[hallowitch]

Is the bailiff allowed to clamp a totally unrelated car?

yes if the car is in your name

 

It really is not worth anything, but I am worried about the associated costs involved in getting the clamp released.

bailiffs cant charge a fee for the the release of the clamp or the clamping of your car

 

the value of goods levied (your car) should cover all bailiffs fees removal cost storage fees auction fees and a substantial portion of the debt

 

if this car has little or no value then you must make a formal complaint to the chief executive of your council that there bailiff has an invalid levy

[tomtubby]

I find this morning that a bailiff has kindly clamped my car due to outstanding fines on a car that was not owned by me at the time of the tickets. The car is parked on the road. The clamped car is not related to the outstanding tickets in any way, but is registered to me.

 

The new owner of my old car ran up several tickets in my name, but that is another story.

 

Is the bailiff allowed to clamp a totally unrelated car?

 

It really is not worth anything, but I am worried about the associated costs involved in getting the clamp released.

 

I am currently getting the tickets on my old car transferred by the TEC at Northampton, but this could take a while.

 

What is my best course of action here?

 

 

I am surprised at your comment that TEC are currently getting the tickets on your old car transferred. They CANNOT do this !!

 

Many people are under the assumption that the bailiff can only remove the car that he was driving at the time that he incurred a PCN. This is nonsense.

 

He can seize any car that is owned by you.

 

However he needs to ensure that the vehicle will raise sufficient money to ensure that the amount realised at sale cover the bailiff fees, costs of removal, storage fees (typically around £35 PER DAY !!) and that there needs to be a SURPLUS left over to pay towards the parking ticket. If not then he could well be accused of depriving you of the vehicle will the sole intention only of obtaining significant bailiff fees. This would be serious.

 

To conclude, a bailiff can only seize goods that he knows that he can sell and if he does not intend to sell it then he must not clamp it.

[speedfreak]

ok,just to clarify,am goingthrough the system of g

etting the original notices reissued so i can give them the details of the owner at the time of the offences.Forms te7 ant te9 filled in for each. Reading up, my car is essential for work,I have a 70 mile commut each day.I understood that they are not allowed to levy in such cases.

 

My worry is that they will refuse to release the car without levying on something. I certainly will not be allowing them into my property,and I dont want them to get my car,obviously. I also dont want to pay for tickets that are not my responsibility!

[speedfreak]

Well I have come to an arrangement with them, but it was hard work, and expensive.

 

I think I am going to have to take it on the chin regarding the actual fines, but I'm not happy about a couple of things., and could do with some advice.

 

The bailiff clamped my car, but I didnt get any paperwork for it and it has not been levied on as far as I can tell, but there seems to be a difference of £336.70 between the amount now outstanding and the amounts from there last letter.

 

So it seems today's visit has cost me £336.70 in fees, for which I have no accounting.

 

The car they clamped (now released!) is effectively pretty worthless - I had it advertised a month ago for £250 and had no interest at all. The bailiffs were insistent they could clamp it and remove it if needed, despite me pointing out that it would not even cover the cost of the removal fee, let alone any other fees associated with selling it - I believe it would have been an unlawful levy.

 

On a different note, they insisted that unless I paid them £450 they would break into my property and remove goods. Despite my assertion that this was not legal and I had advice to that effect from the council themselves, they said they were correct.

 

Any thoughts on this?

 

Thanks for the input so far folks.