Advice needed - urgently! Car clamped no pcn rcvd - £1700 for release

[Belaid]

please help! I woke up this morning to find my car had been clamped at 5am. When I called the mobile number on the notice which they bailiff had left i was advised that my car had been clamped as a result of non payment of 3 separate PCN - none of which I was aware of. When I explained my case I discovered that the PCNs had been sent to my old address - admittedly I'd forgotten to update my address with DVLA/Log book. However, I do find it strange that my car was clamped outside my new address given that all the letters went to my old address... As it stands the bailiff won't give me PCN reference numbers and I've been unable to speak to anyone at the council - recorded messages etc - so I really dont know where to turn. The bailiff is asking for £1700 to remove the clamp and if i dont pay they will tow it away. I need the car to get to work but like most people I dont have £1700 to spare and nor do I think its justified - in fact Ive got no idea what this figure is made up of. Basically I need to know what I can do to resolve this nightmare. Is it best to pay up and hope to pursue refund via courts or should I try and pursue through council in hope that my car is not towed in the meantime?

 

Apolgies if this posting is in any way unclear - I'm stressed beyond belief!

 

Any advice would be gratefully received

[tomtubby]

If you had not received the statutory notices, then you may file an Out of Time Witness Statement at the Traffic Enforcement Centre. All action will then have to cease BY LAW. NO further charges can be applied.

 

This is VERY SERIOUS INDEED as YET AGAIN, bailiff companies and local authorities are acting unlawfully by failing to abide by CPR 75.7 which specifically states that if the bailiff is made aware of a new address for the respondent, that he MUST advise the local authority and the LA may then apply to the Traffic Enforcement Centre for permission to change the address on the warrant of execution.

 

What the bailiff has done is UNLAWFUL .

 

You need to file Out of Time witness statements asap. The Traffic Enforcement Centre opens at 8.30 and their number is 01604 619450 ( 08457 045 007). HOWEVER, before being able to complete these forms.....you will need to know the PCN numbers!!!

 

Which bailiff company is this?

 

Is your car on finance?

 

How much roughly is the car worth?

 

PS: The bailiff has managed to find your new address as he has "data cleansed" the warrant.

 

It is vitally important that you ensure that you update your records with DVLA. You should have done this a while ago as it is an offence not to advise DVLA in a timely manner.

[tomtubby]

In case there is any doubt that the bailiff/local authority have acted unlawfully, you should read page 2 and 3 of the following document that was sent to ALL local authorities in May 2011 !!!!

 

 

http://www.britishparking.co.uk/write/Documents/Library/Execution%20of%20Warrant%20Information%20Note%20f%20doc.pdf

[Belaid]

Thank you very much for your advice, its very much appreciated. My car is probaly not even worth £500 so I'm effectively being charged 3 times its value, if not more! Another point that I didn't mention in my previous post is that when I advised the bailiff that I had moved house he told me that 'I' had committed a 'criminal' offence by not telling DVLA, which I accept to a degree but hard to take from an under hand bailiff!! He made no mention of notifying council to change address of warrent of execution. I'm off to the council now in the hope that they can provide PCN details etc and will file TE7 & TE9 as required - just hope my car doesnt vanish in the meantime!

 

I'll keep you updated with any progress and despite this being a complete nightmare I feel more confident and better informed to deal with this than I did yesterday morning at 7am!

[tomtubby]

Which local authority is this and which bailiff company?

 

The the car is of little value, therefore, the chances of it actually being removed are very slim indeed.

 

It is a litle bit rich of the bailiff saying that you have commmitted a criminal offence when he too is acting unlawfully!!!

[Tony P]

I just wonder.....

 

Was the Bailiff Company aware of the OP's new address? Or did he find the vehicle in the street somewhere by chance and clamped it?

If so, does that change the aparant unlawfullness of his action?

[tomtubby]

Which bailiff company and which local authority does this relate to?

 

Have you submitted Out of Time Witness Statements?