Bailiffs clamping car on my drive

[mlauder]

Hi everybody

 

I dont think I need advice but I need to rant!

 

I received a parking ticket months ago.

No excuse but I forgot to pay it.

I've not been opening letters .

 

I suffer with depression and alcohol problems and simply forgot.

Remembering in the middle of the night and then forgetting.

 

However the point of this post is to say the bailiffs have clamped my car.

I know they aren't allowed to do it but they have.

Its on private property.

I called the National Debtline and sought advice.

The bailiff came and eventually removed the clamp after him calling me stupid.

 

Now he's done it again.

He's conversed a little in text.

I've got all that documented.

I'm intending on making a formal complaint to the Civil Enforcement Association and hopefully he wont be able to do to somebody else what he has done to me.

 

They use scare mongering tactics.

[Jamberson]

Yes they are. That's how they make people pay.

 

What are you going to do about the clamp?

Are you going to pay them?

[jimjim5]

Ring the council and tell them you have been ill.

I presume if needs be you can back it up with doctors certs.

See if they will let you pay it direct.

[mlauder]

Jamberson ... I've not got it.

I'd give it to them if I had it.

Just to get them off my back.

 

I know I made a mistake but I dont know what to do now.

Despite my problems I'm going to complain.

And maybe just have to wait.

 

The postman has just suggested I get a hacksow on the chain.

I'm tempted!

 

jimjim5 said:

Ring the council and tell them you have been ill. I presume if needs be you can back it up with doctors certs. See if they will let you pay it direct.

 

I tried calling them the last time. They never got back to me. And I thought it would just go away. Got that one wrong didnt I. I'll try again. Thank you x

[Aretnap]

mlauder said:

The postman has just suggested I get a hacksow on the chain. I'm tempted!

That could get you a conviction for criminal damage I'm afraid.

 

Is the car worth anything? Bailiffs would be reluctant to tow an old knackered car which they wouldn't be able to sell... not that that gets the clamp off for you.

 

If you've ignored a parking ticket and a warrant has been issued the bailiffs are entitled to clamp and seize the car, assuming it belongs to you, private property or not.

 

They can also take your other goods if you let them into your home.

I'm afraid this is unlikely to go away until you find the money, agree some sort of payment schedule or the bailiffs realise you have nothing worth taking and refer the matter back to the council.

[Jamberson]

I would advise you post another thread on the bailiff section of this website.

[jimjim5]

Ring the council today and see what they say.

[mlauder]

Yes I did ignore it.

Not intentionally but I cant change what has happened.

My support worker called him.

He was very rude to her but she was amazing and the clamp is now off.

 

The bailiffs have done something illegal, Its only magistrates bailiffs that would have a warrant to clamp a vehicle.

I may have problems but I'm not stupid as he called me.

 

It is something like (cant remember exactly) vehicle immobilisation which is not a correct form of impounding.

 

The only rightful form of clamping is when somebody has either a magistrates court order, not a county court order or somebody parks on private land where there are notices displayed. ie where somebody parks without permission.

 

I was informed by the National Debtline (who are a registered charity and government run agency) that bailiffs should have a registration number with the Security Industrial Authority. The silly bugger admitted on text "we dont have a sia number get your facts right" .

 

All in all the fact that I have stood up to them and they have removed the clamp shows they have no right to do what they have.

Why have they not moved the car if the were perfectly within their legal rights??

Because they're not!!

 

I noticed a car a mile away from me clamped!

He must have got up with a spring in his step this morning.

But we need to make people aware despite making mistakes they have rights and shouldn't be bullied.

[patdavies]

That could get you a conviction for criminal damage I'm afraid.

 

 

Very unlikely.

 

That would be a criminal conviction that would have to be proved beyond reasonable doubt. Whilst you might be the beneficiary of the clamp being cut off, they would need to prove (or you confess) rather than simply assert that it was your car and you benefited so you must be guilty.

[mlauder]

Ring the council today and see what they say.

 

I called the council following your post this morning. Thank you. They referred me to the Traffic Enforcement Agency. I want to complain but trying to refrain as I have so many other things going on.

[mlauder]

Very unlikely.

 

That would be a criminal conviction that would have to be proved beyond reasonable doubt. Whilst you might be the beneficiary of the clamp being cut off, they would need to prove (or you confess) rather than simply assert that it was your car and you benefited so you must be guilty.

 

That was similar advice that the post guy said. He said he Dad is a bailiff. They need to prove I removed it!! And that was a bailiffs son. Anyway, .. its gone now and I've got help sorting things.

 

I urge anybody with problems to pick up the phone and get help! xx

[green_and_mean]

I noticed a car a mile away from me clamped! He must have got up with a spring in his step this morning. But we need to make people aware despite making mistakes they have rights and shouldn't be bullied.

 

If people paid money they owed there would be no need for baliffs, you do actually owe the money!

[holt007]

smash the padlock mate, i understand thats not criminal damage, i cut the chain and i would do it again and again, council build carparks to make money in fact i know an old woman was presured out of moving from her home so the council can demolish it and build a car park, no one uses it tho.

[mlauder]

If people paid money they owed there would be no need for baliffs, you do actually owe the money!

 

Yes I do owe the money. I've never denied that.

 

For various reasons ... I ignored post and simply forgot!!

 

The fact that I owe money does not take away the fact that they bully people! People have varying problems in life which affects certain things. Mainly money!!

 

They do illegal things to scare people into handing over their rent money, their kids toys, their money for gas and electric.

 

I made a mistake! I think I said that earlier.

 

I posted on here to vent and after your comment I wish I hadn't!

[mlauder]

smash the padlock mate, i understand thats not criminal damage, i cut the chain and i would do it again and again, council build carparks to make money in fact i know an old woman was presured out of moving from her home so the council can demolish it and build a car park, no one uses it tho.

 

I got told to cut the chain. I was advised not to touch the padlock or I could get into trouble and trust me that is the last thing I need. I've sought help and its now gone (in the proper fashion!)

[green_and_mean]

Yes I do owe the money. I've never denied that.

 

For various reasons ... I ignored post and simply forgot!!

 

The fact that I owe money does not take away the fact that they bully people! People have varying problems in life which affects certain things. Mainly money!!

 

They do illegal things to scare people into handing over their rent money, their kids toys, their money for gas and electric.

 

I made a mistake! I think I said that earlier.

 

I posted on here to vent and after your comment I wish I hadn't!

 

Sorry I must have missed that bit of the story you said they just clamped your car? All you had to do was pay, clamp would come off and everyone would be happy. When did they threaten you or say they you should give them your rent money etc?? You already had a parking ticket, a reminder (NTO), charge certificate and an order for recovery sent to you asking for the matter to be dealt with, trying to blame the baliffs because you failed to settle your debts is a bit unfair.

[holt007]

I got told to cut the chain. I was advised not to touch the padlock or I could get into trouble and trust me that is the last thing I need. I've sought help and its now gone (in the proper fashion!)

 

No mate as i understand the padlock is separate from the clamp and that the chain is a part of the clamp, 2 separate things 1 the clamp (including the chain) and 2 the padlock, smash the padlock or cut it, use a sledge hammer thats what i should of done but i cut the chain which now i have been charged with criminal damage worth £100