Motability Car clamped and threatened to be crushed.

[locotoro]

Hi all,

 

I've got a bit of a situation on my hands.

 

My sister has a Motability Car for her disabled daughter. In 2010 Islington council started carrying out works to the roads around my sisters flat which meant that she couldn't park anywhere near her flat. she wrote to them and asked them to put in a disabled bay for her, they refused. she asked for an alternative means of parking, they refused and said that the only alternative was that she should appeal any ticket she got.

 

As you would imagine she got a ticket and appealed it, in the meantime Islington were issuing tickets on a daily basis because she didn't have anywhere to park close enough for to be safe for her disabled daughter. There was no response to her appeal or request for resolution. In mid 2011, she started getting bailiff letters asking for £3000 approx for a total of 21 tickets. She wrote to them again and stated that she wished to appeal all the tickets and requested a resolution to her parking problem. They did not respond to her request and kept sending her chaser letters.

 

The vehicle has now been clamped which is a real pain because her daughter needs medical treatment and access to hospitals at a moments notice. She passed the matter to me to resolve. I wrote them an email asking for an explanation as to the current state of play, why the vehicle had been clamped and for a resolution to the matter. I also advised them that the vehicle was a mobility vehicle and also had a blue badge and should not have been clamped.

To my amazement the emailed me back this evening on a without prejudice basis stating they would unclamp the vehicle on the basis that we agreed not to make any claims against the council and then we could come to a resolution of the outstanding tickets.

 

Now what I'm trying to understand is what claims would they be thinking of and what my next step should be.

 

I'm at a loss here guys so please help because my sister needs the car for her daughter.

[izzitme101]

I would be looking in the area of discrimination, clearly she has asked for a disabled space, and been refused, I imagine her blue badge was on display also when receiving the tickets.

This should tell whoever that it is a disabled persons car, and as long as it is not causing an obstruction, can be parked almost anywhere eg, double yellow lines ect.

[stu007]

Hi loco

 

I would have a chat with the Equality and Human Rights Commision here the link:

 

www.equalityhumanrights.com/

 

or advice from their helpline:

 

England - 0845 604 6610

 

Scotland - 0845 604 5510

 

Wales - 0845 604 8810

[locotoro]

The guys at Islington are pushing me for a response to agree not to bring an action against them. Do you really think they would be worried about a discrimination action? I think he may have meant that we should not make any claims against them for any expenses incurred whilst the vehicle is clamped. It's been clamped for one day, what charges could they be?

[locotoro]

Developing news!

 

The car has already been declamped but yet the council are still pushing me for a response????

 

I'm really confused why they want me to agree not to make a claim for any charges incurred whilst the clamp was on.

[hallowitch]

did a bailiff clamp the car as this is a PCN related issue the bailiff would have know that the car was a mobility vehicle (before he clamped it) therefore exempt from seizure

tomtubby (bailiff forum)is the best person to advice on this

[locotoro]

I think it was a bailiff.

 

According to my sister, the council originally instructed one set of bailiffs to carry out the clamping and when she saw them she showed the the blue badge and the motability paperwork and they decided not to clamp it. Then the council instructed a different set of bailiffs.

 

The council seem to be working in a very shifty way to be honest. I have asked them to provide their responses to her letters and we will see where that takes us. They are trying to get her to pay £3000 worth of charges which is ridiculous. She's also almost had a nervous breakdown over this because she needed to take her daughter to the hospital and she didnt have access to her car

[johnvernon74]

My understanding a motability car or disabled car cannot be clamped as this would cause issues for the disabled driver. May be a case of discrimination here, Id certainly speak to the equality commission and consider a claim against the council. They are covered under Human Right legislation as well so may be in breach of this

[hallowitch]

I'm not the best person to answer this you may be better posting in the bailiff forum regarding the bailiff clamping the car

 

but if the council (who are fully responsible for actions of there bailiff) have instructed there bailiffs to clamp remove crush or sell a car on mobility they are on a sticky wicket as they would have known that the car was exempt from seizure as would the bailiff I'm 99% sure Ive seen a post by tomtubby saying the warrant of execution from TEC would have mobility as owner of car and your sis as registered keeper

this means that the debtor did not own the car making it exempt from seizure

on another point your sis should have had a notice of seizure/distress from the bailiff firm before they clamped the the car

your council will also have a service level agreement/contract with the bailiff firm and somewhere in there there may be something about clamping vehicles with blue badge

[hallowitch]

have asked site team to move this thread to bailiff forum

[rebel11]

Thread moved.

[locotoro]

Thanks

[seanamarts]

I would get a complaint off to the CEO, outlining the fact that they told you to park where you parked in the first place then to appeal the PCN.

Sounds like the council know they are in the wrong here and seem to be softly black mailing you to not complain.

 

If you get no further forward with the CEO then the next move would be the LGO, I would also have a word with your local MP and see if they are prepared to get involved.

 

Have you thought about going to the papers?

[locotoro]

The CEO (Chief Executive Officer?) of the council? I didnt realise that council's had CEO's.

 

Yes, we are in contact with the LGO and they are currently processing our matter.

 

I have thought about going to the papers however due to other unconnected matters my sister wishes to keep her identity and address private.

[hallowitch]

The Chief Executive for Islington Council is Lesley Seary.

For further information, contact:

Chief Executive's Office

Room G07

Town Hall

Upper Street

N1 2UD

Tel: 020 7527 3136

Fax:020 7527 3063

[ploddertom]

They should have known from day 1 that a car obtained through the Motability Scheme is not the property of the person who looks after it as it is subject to a finance agreement. The legal owner being Motabilty. A simple DVLA check would have revealed this at the outset. If the OP has incurred any costs since the vehicle was clamped they should claim them back in full from the Council in my view.

 

PT

[locotoro]

hmmm, it think this is what the council were saying that they dont wont to incur any charges. In any case the clamp has been removed - although the council have said that they did not know by whom.

 

I have asked for the council to provide me the responses to my sisters letters and which they said they will provide. I have to wait to see what their response is before i know which direction to move but i think i will contact the EHRC as this matter seems to have arisen out of the council not providing disabled parking for my sister.

 

Can you believed they actually told her that she should park on a road 150 metres away and change the clock on the car every 3 hours every day for 3 months, when my sister said she couldnt leave her disabled daughter at home on her own they replied "carry her with you!"

 

Can you believe the cheek!

[hallowitch]

I would get your sis to SAR the council

[locotoro]

what information do you think a SAR would turn up?

[ploddertom]

In my view the Council are being obstructive and think it is about time they were bypassed so it can be dealt with at a higher level. I would start with a Formal Complaint to the Council CEO and make sure he/she is aware that you have copied all of the following in - MP, Leader of the Council and his opposite number, local Councillors. They are showing an utter disregard for your sister & her daughter, maybe an article in the press may focus their minds.

 

PT

Edited February 23, 2012 by ploddertom

[wonkeydonkey]

In a nutshell you have grounds to sue the Council and seek compensation....they know they will get a roasting over this and therefore it is going to be a case of " clamp gone...parking space found..bailiffs withdrawn...parking tickets scrapped..if you don't make a claim against us"!!!!!

 

Persomally I would look for a fixed fee interview with a good solicitor!!!!!!

 

WD

[brassnecked]

Formal complaint to the CEO, and head of Highways, AND Parking copied to elected leader, councillor and your MP, the complaint also is to be a LETTER BEFORE ACTION, as they are trying to wipe out any liability, most likely they will keep on ticketing the car.

 

The LBA will set out how you have been dealt with, and the fact that as they were aware of the parking issue, and carried on ticketting regardless, combined with the ACTUAL CLAMPING, hope you took a picture of the clamp in situ, IS Prima Facie evidence of Direct Disabiklity Discrimination contrary to the Equalities Act 2010, and unless they resolve thias wipe out the tickets And provide a parking bay, you will be going ahead with the case after 14 days, If you have paid any charges to remove the clamp it is evidence of their wrongdoing, so NO you don't agree not to claim back any charges. they are up the creek and they know it.

[seanamarts]

Can you believed they actually told her that she should park on a road 150 metres away and change the clock on the car every 3 hours every day for 3 months, when my sister said she couldnt leave her disabled daughter at home on her own they replied "carry her with you!"

 

Oh thats very naughty, did you get the name of the person she spoke to.

[citizenB]

If this were me, I would be making the biggest fuss I could. Almost certainly you need to get your MP and the press involved. This is disgraceful.

 

Did you contact Motability as well ?

[ploddertom]

Have Islington outsourced their back office functions?