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Car Clamped - Urgent Advice Required


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Hope someone can give me some urgent advice. I have an unpaid PCN (should have paid it sooner I know but it slipped through the net). Anyway this morning I got up at 6.10 and saw a letter posted through the door. A bailiff had clamped my car and wanted £523.39 or would accept £223.76 if paid today.

 

The fees he states owing are as follows:

 

Parking Pen Charge - £150

Court Fee - £5

Bailiff's Cost - £58.52

VAT on Bailiff's Costs - £10.24

Total amount if paid today £223.76

 

Plus Form 9 Costs = £523.39

 

He has dated the Notice of Seizure and Form 9 incorrectly (he has put 23 November 2010). Is he going to turn round and say I owe the full amount? Another point is that he has written the time he arrived at my house at 5.20am and waited 20 mins outside before posting the letter at 5.40am. I was always led to believe that they could only operate Mon-Sat between 6.00am and 9.00pm.

 

The other point is that the car really is only worth about £500 so if he won't accept the £223 he might as well take the car as he won't get much money for it anyway. Could I say to him that he has levied on goods not actually worth £500?

 

Any help greatly appreciated.

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Hope someone can give me some urgent advice. I have an unpaid PCN (should have paid it sooner I know but it slipped through the net). Anyway this morning I got up at 6.10 and saw a letter posted through the door. A bailiff had clamped my car and wanted £523.39 or would accept £223.76 if paid today.

 

The fees he states owing are as follows:

 

Parking Pen Charge - £150

Court Fee - £5

Bailiff's Cost - £58.52

VAT on Bailiff's Costs - £10.24

Total amount if paid today £223.76

 

Plus Form 9 Costs = £523.39

 

He has dated the Notice of Seizure and Form 9 incorrectly (he has put 23 November 2010). Is he going to turn round and say I owe the full amount? Another point is that he has written the time he arrived at my house at 5.20am and waited 20 mins outside before posting the letter at 5.40am. I was always led to believe that they could only operate Mon-Sat between 6.00am and 9.00pm.

 

The other point is that the car really is only worth about £500 so if he won't accept the £223 he might as well take the car as he won't get much money for it anyway. Could I say to him that he has levied on goods not actually worth £500?

 

Any help greatly appreciated.

 

As the bailiff has stated that the amount IF PAID TODAY is only £223 then, as long as you pay this amount by midnight tonight, the bailiff MUST accept the payment to clear the debt in full.

 

Which bailiff company is this and have you checked to see whether the bailiff is certificated ?

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The Company is Swifts and the bailiff's name is on the certificated list (if he is the bailiff) but not as a direct employee of the company (I am therefore assuming he is self-employed).

 

As I am at work a friend of mine has spoken to him. The Bailiff is saying that £523.39 is outstanding (the Form 9 costs. This is not very clearly stated on the Notice of Seizure form) but will accept £223.76 as part payment and remove the clamp and we can come to an arrangement to pay the outstanding amount. My friend agreed to pay £223.76 but said that he would not come to an arrangement about the rest of the money and he would have to speak to me.

 

Another point is that the Form 9 (a green form) that he completed and the Notice of Seizure (pink form) have differing amounts on.

 

I am worried now that if I pay the £223 and he has levied on the goods that I am now responsible for the full amount of £523.

 

This is, as far as I know, the first visit and no other letters or paperwork have been dropped through the letter box. I will request a full breakdown of the costs they are charging and an explanation about the incorrect date, time they clamped the car etc (I know no one knocked on the door at 5.20am as the dogs would have barked).

 

As stated before the car is only worth approx £500 should I mention the fact that the car if sold at auction would has insufficient value to cover all their associated charges and that the HCEO has only done this to gain a financial advantage for himself and his company

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Had the same thing today, they came round at 3am. I saw the headlights but thought it was a neighbour then later found the letter pushed halfway through my letterbox which they must have done very quietly.

 

The original fee was £123.00 then after clamping went up to £584.85 .

 

The thing that struck me as odd was that I offered to pay monthly but they said that is not an option with unpaid parking tickets, is this true? In the end they accepted £460.00.

 

What annoyed me the most though is the fact that I had no knowledge of the law concerning this what so ever, so I was annoyed with myself because I had little option but to pay. I am now doing some reading on the subject.

 

Edited to add.. Also they would not take payment by mastercard & would only take payment by debit card or cash. I had an awful job getting hold of £460.00 cash, I couldn't drive anywhere to try & get the money. It made me think that they were trying to make it awkward for me to pay so they could take the van.

Edited by maximum.bob
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If your van is used for work they cannot clamp it as I believe it would be an illegal levy. You should write to the Bailiffs and get a breakdown of their fees, etc. to see what they have charged you for.

 

They can accept monthly installments but obviously they want the full amount. They also add a charge for using a debit card. More money for their pockets.

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Total amount if paid today £223.76

 

Plus Form 9 Costs = £523.39

 

 

That sounds like extortion. http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=3&NavFrom=2&parentActiveTextDocId=1204240&ActiveTextDocId=1204267&filesize=2351

 

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides for bailiffs to charge:

 

Letter Fee £11.20 - If letter arrives after first visit is made then its £0.00

 

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200

 

The law does not provide for bailiffs to charge a fee to fix or remove a wheelclamp to your car, so Form 9 costs = £0.00

Professional property investor and conveyancer

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Had the same thing today, they came round at 3am. I saw the headlights but thought it was a neighbour then later found the letter pushed halfway through my letterbox which they must have done very quietly.

 

The original fee was £123.00 then after clamping went up to £584.85 .

 

The thing that struck me as odd was that I offered to pay monthly but they said that is not an option with unpaid parking tickets, is this true? In the end they accepted £460.00.

 

What annoyed me the most though is the fact that I had no knowledge of the law concerning this what so ever, so I was annoyed with myself because I had little option but to pay. I am now doing some reading on the subject.

 

Edited to add.. Also they would not take payment by mastercard & would only take payment by debit card or cash. I had an awful job getting hold of £460.00 cash, I couldn't drive anywhere to try & get the money. It made me think that they were trying to make it awkward for me to pay so they could take the van.

 

I would strongly suggest that you make a Formal Complaint to the local authority. This is because the bailiff was CLEARLY not coming to your home to collect the debt at 3am in the morning , but instead, was merely looking to seize a vehicle and thereby incur you in substantial additional costs. This is simply appalling. In addition all bailiff companies have agreed to abide by the National Standards for Enforcement Agents which states that a bailiff must not visit an address until 6am.

 

Which local authority is this and which bailiff company?

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  • 4 weeks later...

At long last received a letter back from the Bailiff Co and need some further advice as I am not satisfied with some of the responses I have regarding breakdowns, etc.

 

They are stating that a levy fee of £55.60 was made but the bailiff has stated on his form under Bailiffs Costs £58.52. There was no 1st visit fees listed.

 

They are stating that attending to remove fee of £299.63 was charged but no breakdown of what this fee entailed (I think it may be for an AVR RTA whatever that is or maybe a waiting charge).

 

I was told that the Bailiff is entitled to attend property at the time appointed (5.20 am) as the National Standards are issued as guidelines and is a recommendation not a legally binding requirement.

 

Concerning the car being valued at approx £500. They state that the Bailiff is entitled to levy upon goods to satisfy the amount due including pcn and any costs or charges due. There costs would still be more than the car was worth. The car has done £150k, has a dent in the passenger door (courtesy of an uninsured driver), two electric windows that don't work and are sellotaped up and the engine makes a noise (a bit like chitty chitty bang bang to be more precise). If they took the car away they would in fact be doing be a favour! If they did take the car away though and incurred further costs from storage, auction, etc they would not cover their costs and would have to come back to me for more money. Would they then try and access the property again. Knowing how these snakes work could they look through my window and levy on my furniture in the front room because no-one will allow them access into the house (and the dogs might lick them to death!!!!!!)

 

I requested a screenshot of my account but have received a list of account details stating credits and debits of account. Do the bailiffs have to complete a worksheet of some sort e.g. visited premises on 21 Jun 2010, no one in, letter left, etc). Should I now request a SAR?

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