Bailiff clamped car

[wombleingfree]

I used to live in the Western Congestion Zone and so had to pay the residents discount of about 80p a day in order to drive to work. The Western Zone was abolished on 25th December 2010. unfortunately I was not covered for the 23rd and 24th as I thought I was. This resulted in two Transport For London demands for two sperate fines.

 

I appealed to TFL immediately, they rejected the appeal. I then appealed to PATAS in February 2011 and never received a reply. I moved house in July 2011.

 

On January 6th 2012 I walked out of my new flat on Friday evening and noticed my car was clamped. I called the number written in biro on the notice plastered to the windscreen. I was clamped by bailiffs working on behalf of TFL. They said I could only deal directly with the 'assigned bailiff' who was on a mobile number and not picking up. Eventually I got through and he told me I must pay £1040 or my car would be towed, at my expense, then stored, at my expense, and then sold, if I didn't pay This was the middle of the night and TFL, PATAS, TEC and county courts were all closed. I called the police who said they couldn't do anything unless the bailiffs became violent and that bailiffs can charge pretty much what they want.

 

I didn't sleep that night and spent my time posting on forums trying to find out my rights. At 9am on Saturday morning I called TFL, explained the situation and they said the bailiffs should give me more time in order to sort this out. I called the bailiff from JBW Group, who refused to even hear what I had to say. 'I've got a live warrant and will be round in half and hour. You can get your money back through the courts' Called back TFL who then said that all charges could be refunded, but did not specify how.

 

Anyway, I was panicked and scared and so paid this bailiff. I called the TEC the next week who said I could not file an Out of Time form or anything else with the courts, as by paying, the courts involvement was ended.

 

And that's where I am now. Saw a pro-bono lawyer who said, write to TFL. But I really have no clue as to where to begin in reclaiming my money. It's all very, very stressful. It's caused particular hardship as I was made redundant last August and had to use the last of my redundancy payment for the bailiff. God knows what would have happened if I hadn't had that.

 

I've just paid £1040 for a £1.80 underpayment of CCharge, it's beyond obscene. Does anyone have the slightest idea how I can go about getting this money back??

Edited January 23, 2012 by wombleingfree

[seanamarts]

This is outrageous and a definite over charging of fees by JBW (not surprised)

Have you contacted JBW for a list of fee's and charges made with regards to this seizure.

They should of left you paperwork with regards to the seizure of your vehicle.

 

I dont usually advise any one calling the bailiff, however on this occasion I think a need is called for. When you do try and record the call.

Request he sends a breakdown of all his fees and the charges and list the times and dates that these charges accrued.

i would also write and make a complaint to the authority who passed this on for bailiff action.

 

I cannot understand why the TEC refused to accept an OOT..

 

Hang tight as there will be more alone to advice, Im afraid that I dont know much how the congestion charges are dealt with but there are some on here that are very good with their advise.

 

Please keep us informed.

[wombleingfree]

This is the breakdown of the charges on the 'receipt' the bailiff gave me:

 

Penalty charge and court costs: £374

 

Sending a letter £22.40

 

Levy: £188

 

'Other': £350

 

VAT: £110

 

Plus a further £1.50 for using a debit card, would've been another £40 if I'd used a credit card.

 

Total: £1039.28

 

The person I spoke to at TEC said that I couldn't file an OOT as I'd paid, and that ended the courts involvement.

[seanamarts]

This is the breakdown of the charges on the 'receipt' the bailiff gave me:

 

Penalty charge and court costs: £374 (Have you the court papers with the fees attached?) If not ask for a copy)

 

Sending a letter £22.40 (Looks like they have charged you double for the letter)

 

Levy: £188 (thats a little high, some one else will know more what they can charge on that)

 

'Other': £350 (you need to find what 'other' is.)

 

VAT: £110 ( VAT dosnt look correct to me, but others may correct me on that)

 

Plus a further £1.50 for using a debit card, would've been another £40 if I'd used a credit card.

 

Total: £1039.28

 

The person I spoke to at TEC said that I couldn't file an OOT as I'd paid, and that ended the courts involvement.

 

I would say that these fees are way too high..

[seanamarts]

did the bailiff leave a notice of seizure when your car was clamped.

 

Did you receive 2 letters.

 

Do you know what was written on the levy

[wombleingfree]

I received no letters from anyone as I'd moved house. I appealed to PATAS in February, heard nothing back, moved house in July and the first I know about any of this is a clamp on my car outside my new address.

 

I had a note stuck to the car saying it was to be removed, if that's a notice of seizure? Never saw a warrant, just a receipt with my previous address on it. I've never been given any court papers either.

 

I have no idea what a levy is and have never seen one.

 

I might sound dumb, but this was all done in the middle of the night over the weekend and I had no clue what to do and there was really no one to ask except TFL the following morning who told me I could get reimbursed and the penalty 'reset', and the Police who told me that bailiffs and wheel clampers can basically charge what they like.

Edited January 23, 2012 by wombleingfree

[seanamarts]

I received no letters from anyone as I'd moved house. I appealed to PATAS in February, heard nothing back, moved house in July and the first I know about any of this is a clamp on my car outside my new address.

 

I had a note stuck to the car saying it was to be removed, if that's a notice of seizure? Never saw a warrant, just a receipt with my previous address on it. I've never been given any court papers either.

 

I have no idea what a levy is and have never seen one.

 

I might sound dumb, but this was all done in the middle of the night over the weekend and I had no clue what to do and there was really no one to ask except TFL the following morning who told me I could get reimbursed and the penalty 'reset', and the Police who told me that bailiffs and wheel clampers can basically charge what they like.

 

It may be possible that you car was recognised during a routine check by JBW in the way of them driving around with a ANPR van.

 

OK a levy is when a bailiff visits he will carry out a levy on your property, like a guarantee that you will pay the debt owed, once he does this he gives you a time scale to pay the fee. Or you can pay it there and then without a levy being made. However if you do not pay in the allotted time scale then he can come back and take the goods he has levied against. He obviously has not done this. so no levy fee can be charged.

 

You need to contact JBW and request the following;

 

a copy of the court paperwork with fees charged.

A copy of the warrant.

A copy of the levy.

A copy of the two letters sent.

 

A full break down of fees and charges. including an explanation of what 'other' stands for.

 

The police are of course incorrect, by stating that bailiffs and wheel clamper can charge what they like, as they cannot. they have to follow guidelines on what can or cannot be charged and at what rates.

 

Once you have the break down we can then look at it to see how they have come to their total.

 

I would also request from who ever authorised the bailiffs a copy of any warrants and court papers. I would also let them know you had moved and also you had placed an appeal with PATAS.

[wombleingfree]

I have a lot of conflicting advice on what to do about this.

 

 

TFL said I can get all money from the bailiffs, and the money from the initial fine returned to me if I can prove I moved house.

 

Bailiffs have said I can get my money back 'through the courts'.

 

TEC said I cannot place an OOT statement.

 

A pro-bono lawyer's told me to write a detailed letter to TFL outlining exactly what has happened and requesting details of exactly what process I need to go through to get my money back.

 

I really don't want to communicate with the bailiffs at all. From my experience so far they are obstructive, antagonistic, and will say anything to get money out of you. I don't expect any help from them unless it's ordered by a judge or their pay-masters.

 

If PATAS had replied in a reasonable time none of this would have happened. As it stands, I still have no letter from them rejecting my appeal, let alone demands from bailiffs and warrants from courts. It's like my life got turned upside down and I was completely oblivious.

 

And all because I had the misfortune of living inside the CCharge and forgetting to pay £1.80, two days before it was abolished in my area.

[Fair-Parking]

Yes I know precisely how you can get your money back, but you are not encouraged to PM me.

 

And I can't explain openly as that would be considered to be advertising.

[seanamarts]

Yes I know precisely how you can get your money back, but you are not encouraged to PM me.

 

And I can't explain openly as that would be considered to be advertising.

 

Explain without advertising,

[wombleingfree]

Could you post the process I need to engage with or the forms I need to fill out?

[Fair-Parking]

Wombling Free - Unfortunately there are no forms or template letters, each person has different problems to resolve and they have to be dealt with on an invidual basis.

Edited January 31, 2012 by seanamarts
Taking out what is not relevant to the OP

[Gbarbm]

Hi,

Getting back on topic, I know it's just a small amount, but I think the VAT is wrong.

VAT is charged at 20% on goods and services so try and ascertain what items VAT is charged on. Also obtain the 9 digit VAT number, sometimes shown as VRN (VAT registration number) and if they are trying to obtain "unjust enrichment" by claiming VAT on zero rated items then we shall report them to my very good friend the VAT compliance officer.

[seanamarts]

Posts have been unapproved, NOT through censorship but they have been removed due to the fact that they bare no help for the OP.

 

If any one would like to discuss this then please feel free to do so by using the contact tab at the bottom of the page.