Pre-empting a Levy on my Car?! Advice needed!

[fearless_reality]

Hi I have a question which im struggling to find a clear answer on regarding ownership/legalities of bailiffs levying and taking away my car...

 

My situation is: The bailiffs (birstow and stutor) want over £600 for a £30 parking ticket that i apparently incurred over a year ago.. My first port of call was to file a 'out of time' notice which originally stopped the enforcement. Until after 2 months my appeal was refused, I was willing to pay the fine but the council would not deal with it and said 'seek legal advice'. Now the Bailiffs are back trying to collect again. It's all just a disgucting money spinner for the council and their boys.

 

The only thing they can touch is my car. They have NOT levied on my car yet... so i wanted to know if there anything i can do to pre-empt this.

 

Can I legally have someone take ownership of my car? Is there something I can do at the solicitors?

What is considered absolute proof of ownership by the bailiffs?

 

I can't see that there is anything else i can do bar pay the bailiffs which i would rather cut my own arm off

[ploddertom]

What were your reasons for the OOT and why did the Council reject it?

 

As for your car it is yours to do with as you wish. You may sell it, donate it, give it away etc, they could always rent it back to you - just make sure the new owner has a receipt and the V5 is changed - I'm assuming it isn't on finance.

 

PT

[fearless_reality]

The OOT was refused due to my car being registered at the address the fine letters were supposedly sent (the dates coincided) they went to the DVLA and did a check. Even though I reieved nothing in court I guess this is enough proof.

 

So changing the V5 and maybe getting a solicitor to witness and co sign a sale agreement would be enough? As I know anyone can write a reciept.

 

It's not on finance im the current full owner. I've just got to be sure on which documentation will definately prove im not the owner in the eyes of the law so the bailiffs will not have a leg to stand on and in case it gets clamped. (my car is the only thing they have access to)

 

Thanks for your reply

[seanamarts]

Have you applied for a break down of their charges, seems very high to me, have they been out to you to you at all?

In the mean time hide the car, or have it garaged.

Did you apply to have the decision set aside. if not it is too late as this should have been done within 14 days of the rejection.

[tomtubby]

You should have received a Notice to Owner, Charge Certifictae and Order for Recovery.

 

When you complete the Out of Time application you are supposed to be providing a REASON as to why you had not received a Notice to Owner. This would normally be becaause there was a change of address or that the address that the wrong house number, flat number etc.

 

If you are certain that there was an error in the address etc or that you had not received the Notice to Owner then you should have filed an N244 to seek a review of the rejection as otherwise, the warrant would be become live again. You can still do this but you will have to explain why you did not seek a review WITHIN 14 days.

 

You can sell, hide, transfer or give away ANY asset BEFORE seizure. This is perfectly legal.

 

How old is the car and roughly what is it worth?

[seanamarts]

I stand corrected, thanks for clearing that up TT