Car clamped by bailiff

[Nurselayer]

Hi all, it's been a while since I've posted on here and I hope that you are all still well. I'm after picking your brains again.

A friend of mine had her car clamped yesterday morning (Monday 13th Sept.) when it was parked on a public street. It had apparently been clamped by an Equita? Bailiff for non payment of a fine relating to parking in a bus lane. (So she was told).

 

However on the form that was stuck on her car they had her address down incorrectly and so she's never received any notification of any fines, any court action or anything.

 

She was told that unless she paid up £500 they would remove the car. So she paid (by credit card.)

 

What can she do to challenge this? She had notified the DVLA of her change of address but doesn't remember receiving her registration document back.

 

Any help much appreciated.

[fork-it]

 

However on the form that was stuck on her car they had her address down incorrectly and so she's never received any notification of any fines, any court action or anything.

 

Section 7 of the Interpretation Act 1978 deals with that.

 

References to service by post.

 

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

 

 

 

http://www.opsi.gov.uk/revisedstatutes/acts/ukpga/1978/cukpga_19780030_en_1#pb2-l1g7

 

Nothing is owed and the fine is rolled back to the original PCN. You need to file an appeal.

 

If you paid by credit card andf a credit card processing fee was charged then then you can reclaim it for breach of contract or for making a false represntation to obtain a credit money transfer from you by saying he was entitled to charge such a fee when the legislation provides for no such fee. Contact your bank and ask for a chargeback form.

[tomtubby]

Hi all, it's been a while since I've posted on here and I hope that you are all still well. I'm after picking your brains again.

A friend of mine had her car clamped yesterday morning (Monday 13th Sept.) when it was parked on a public street. It had apparently been clamped by an Equita? Bailiff for non payment of a fine relating to parking in a bus lane. (So she was told).

 

However on the form that was stuck on her car they had her address down incorrectly and so she's never received any notification of any fines, any court action or anything.

 

She was told that unless she paid up £500 they would remove the car. So she paid (by credit card.)

 

What can she do to challenge this? She had notified the DVLA of her change of address but doesn't remember receiving her registration document back.

 

Any help much appreciated.

 

This is actually quite simple in that your friend needs to contact the Traffic Enforcement Centre and ask them to confirm the address on the Warrant (should be previous address) and they will email a TE7 & TE9 (Out of Time Statutory Declaration).

 

This is the ONLY legal way in which to obtain a refund of the bailiff fees.

 

Once you have the document, post back for the wording that is needed for the form.