Fined in London, clamped in Southampton! Fine: £460

[iceboy]

Hi everyone,

 

I am desperate for some urgent advice! My brother was fined in October for going into a one way road in London! He never recieved the fine until now!

 

His car was identified in Southampton by one of those CCTV Smart cars and immediately clamped! According to people who clamped his car, he was sent a fine in London as well as door visits and letters, which he received none! There was no home visit either, well at least none that we are aware of!

 

I would like to know what his rights are. He always paid his fines within 14 days period. Now his car is clamped in Southampton, and they given him till Friday to pay £460 fine which also includes charges for home visit and letters sent! If he doesn't pay the fine by Friday, his car will be towed away.

 

Can you guys point me in a direction and guide me on what to do? He doesn't have any money, ge is fine with paying them fine as long as it is proved but how about the charges for home visit and clamping?

 

Many Thanks...

[green_and_mean]

If he has no means of payment the only option would be to remove the clamp, hide the car return the clamp to the baliff and then sort out the problem with the ticket.

[Jamberson]

I don't know the process for moving traffic violations, but I think they are essentially the same as parking PCNs - which means, the case has remained unpaid and a bailiff warrant has been issued.

 

This can be challenged by filing an out of time statutory declaration/witness statement.

 

You'll have to read around the exact process, unless someone on here can tell you what to do.

 

In any case, you'll need to act fast, and keep all parties completely in the loop as to what you're doing,

[Old Snowy]

I would just bet a pound to a pinch that when the vehicle was clamped the bailiff concerned was not in possession of the warrant. However, the clamp is now in place. Visit bailiffadviceonline as a matter of urgency for detailed guidance. I am not - for the record - in anyway connected with that site just aware of their knowledge and good standing.

[iceboy]

Thank you for your responds guys, i really appreciate it.

 

Green and mean, i dont think it is possible to remove the clamp and would probably get fined for doing so, dont you think?

 

Jamberson and OldSnowy;

 

I checked the bailifadviceonline website and it was advising to fill out Out of Time Statutory Declaration. It also says that bailiff should remove the clamp if its not towed away. After our phone call to the guy who clamped the car, he said he wont remove it!

 

Does that mean that we have to pay the fee and than challenge them afterwards? Or can we demand they remove the clamp?

 

Many Thanks...

[green_and_mean]

Thank you for your responds guys, i really appreciate it.

 

Green and mean, i dont think it is possible to remove the clamp and would probably get fined for doing so, dont you think?

 

 

Only removing DVLA (untaxed cars) clamps is an offence provided you do not steal the clamp which is why I said return it, its not going to get you into trouble to remove the baliffs clamp.

[sailor sam]

Only removing DVLA (untaxed cars) clamps is an offence provided you do not steal the clamp which is why I said return it, its not going to get you into trouble to remove the baliffs clamp.

 

Unless you damage it. However, if you break the lock off and replace it, take it to a police station as 'lost property' you should be ok.

[iceboy]

Thank you guys, but the problem is, I dont think i know how to remove a clamp nor know anyone who can do it!

 

Can anyone tell me if the clamper obliged to remove the clamp once he is told that out of statutory declaration is filed? What if you dont have money to pay for the fine to remove the clamp and you need your car?

 

He needs to travel back to London as he finished uni now and he has to move out of his flat by wednesday and he needs his car!

 

Any ideas?

 

Thanks.

[Claitero]

Filing Statutory declaration and sending it to TEC stops all the process that very moment. You should do it asap and inform the bailiff about it. Just read on CAG guidance to filing it as they are very often rejected. Cant even posts a link so you have to search.

[Claitero]

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Edited June 23, 2011 by Claitero
Doubled post :)

[tomtubby]

Thank you for your responds guys, i really appreciate it.

 

Green and mean, i dont think it is possible to remove the clamp and would probably get fined for doing so, dont you think?

 

Jamberson and OldSnowy;

 

I checked the bailifadviceonline website and it was advising to fill out Out of Time Statutory Declaration. It also says that bailiff should remove the clamp if its not towed away. After our phone call to the guy who clamped the car, he said he wont remove it!

 

Does that mean that we have to pay the fee and than challenge them afterwards? Or can we demand they remove the clamp?

 

Many Thanks...

 

If you had not received any statutory notices then you can indeed file an Out of Time Statutory Declaration and this is what I advised on my website.

 

BEFORE, submitting the form ring TEC first thing in the morning on 08457 045 007 and provide them with the PCN number and ask them to confirm the PRECISE address of the warrant.

 

Most times, you will need the forms TE7 &TE9 and NOT PE2 & PE3.

 

If you can get the application to TEC by email by around 10.30, then TEC should have time to advised the local authority by around 3-4 pm and in MOST cases the bailiff will return to remove the clamp. All enforcement is then on hold for approx 6 weeks for the LA to consider your application.