bailiffs took car

[tizmefee]

This may be long but would be greatful of any help. Last Tuesday came out of my house to find my car gone it was parked on the road. Called the police to report it and was told Newlyn bailiffs had taken it and advised to call them. When I called them I was told that Southwark council had authorized them to seize the car due to an unpaid pcn. The ticket was issued on 23/2/12 the day I gave birth to my son !!!! Had stopped on school lines due to contractions (a friend was driving). Newlyn wanted £865.84 to release my car. Never received the notices as moved out of property the car was registered to on 14/2/12 and had been put into emergency acomodation by Southwark council.So had nowhere to forward post. Had no letters notices nothing until car was gone knew nothing about it.Even when Newlyn took my car there was no letter or anything to say they had taken it. The warrent was issued to the old address but Newlyn amazingly found where I live now but couldn't give me any notice. Have filed a TE7 and TE9 the next day but am concerned as have heard that sometimes it is the baliffs that can refuse this. Have had tickets before and paid them have also had one since and paid it. Any advice would be appreciated just don't know where to turn. Thank You

[sailor sam]

I think the bailiffs have acted illegally. I thought they first must clamp the car or warn the owner that the car is going to be removed. Surely that have a duty to try and locate the owner before removing it?

 

I think you need to speak to the council first although if a warrant has been issued then you would need to apply here http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre to get it suspended or set aside.

Edited November 1, 2012 by sailor sam

[tizmefee]

That's what I thought was given no warning at all. Not even a chance to take personal belongings out of the car! Have spoken to the council and the bailiffs and they are both saying that it is in the others hands. Neither will release the car until the outcome of the TE7/TE9 which I have found out is up to the council/bailiffs that took my car so not holding out too much hope they are both working together. All they seem to want is money. Had advice from citizens advice and they said about trying to get it set aside. Went to the county court to file the papers but they weren't sure what forms to fill in and gave me an injunction form not sure if this is right? Am also not sure when any of the warrants were issued as have no paperwork so think I am out of time to do much. Can I ask the bailiffs/council for copies of any letters they have sent. Have no idea how much the ticket was in the first place? How much the council now wants? or how much the bailiffs are charging? all I know is the huge sum the bailiffs now want.

[hallowitch]

have asked to get this moved to bailiff forum

 

you need to get in touch with tec and file in a few forms te7 and te9 i think

 

it looks like all statutory notices have been sent to your previous address

[tizmefee]

Ok thanks new to this so wasn't sure where to post. Have filed TE7 and TE9 both council and bailiffs have copies of this neither will release my car. The council have said that when a ticket is issued all paperwork is sent to the address that is on the car registration the day of the offence and at no time check if you have moved and are actually receiving the notices.

[honeybee13]

Hello guys and thank you to hallowitch for the RP.

 

I'm moving this to the bailiffs forum and will leave a short term redirect here.

 

My best, HB

[sailor sam]

The warrant will have been issued via the Northampton traffic bulk enforcement centre which is where you have to apply to to have it suspended (as I previously said in post #2).

[tizmefee]

Ok have already done that I think through the T7 T9 it just sucks that there is nothing else I can do and that councils and bailiffs are getting away with what is basically legalized theft. As both of them could have got in contact with me at anytime.

[sailor sam]

This may be useful;

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/#PT

[tomtubby]

You have filed the Out of Time Application any there is now a LONG waiting time.

 

How old is your car and roughly, how much is it worth?

 

Is there any finance?

 

Have you updated you records at DVLA an if so, when was this?

 

Once again, it would seem that NEWLYN have chosen to IGNORE CPR 75.7(7). This is simply a disgrace.

[brassnecked]

Yes the LA should ask for the warrant to be re-issued to the new address, and not data cleanse and use the old one

 

CPR 75, 7 (7)

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part75

 

 

Newlyn need reporting to OFT under Credit Fitness also as it will affect other aspects of their business.

[tizmefee]

Thank you sailorsam will take a look at that

 

Hi tomtubby my car is only a little seat ibiza 2005 so not sure how much it is worth but to me worth a lot am really struggling without it. My mum bought it for me about two years ago for about £3000 as she has recently had a double hip replacement and it would mean I could get over to help her which is about an hour drive. Am now unable to go as by public transport it would take at least 3 hours and with two little kids impossible. Unfortunately she bought it right out. Updated my dvla records as soon as I got a permanent address which was over two months ago have bought road tax recently. The council have told me that they don't check address they only go by the address on the registration the day of the offence.

 

Hi brassnecked how would I go about reporting Newlyn to OFT as I can't believe they are allowed to do this kind of thing.

[KVF]

I think bailiffs act quite quickly. I had an unpaid pcn a few years ago and unbeknown to be, they came out the night before and stuck a notice on the windscreen when it was parked on the drive, which being in the house I didn't see, then the following morning because I hadn't got in touch with them they came again (another fee) and put a clamp on it.

Edited November 1, 2012 by KVF

[tizmefee]

They are so sneaky. There was nothing on the car the evening before and then they have told me that they took it at 6.30 in the morning!!!!!!!!

[tomtubby]

Tizmefee

 

I hope that nobody minds but I have sent you a private message.

[brassnecked]

Tizmefee

 

I hope that nobody minds but I have sent you a private message.

 

I don't mind TT, best you give some info via PM, in some circumstances

[Toque]

Think political. Such a dreadful bit of publicity for the local authority. Contact your local newspaper.

[tomtubby]

Not heard anything further from Tizmefee.......???

[TB Law]

OP. when your TE7/9's are done compare the value of your car against the original PCN, you might have a claim for excessive levy by bringing a claim under Steel Linings Limited, Mark Harvey v Bibby & Co [1993] EWCA.

[lamma]

52 Hen 3 (Statute of Marlborough) (1267) c 4 (which enacts that distress is to be reasonable and not too great and that he that takes great and unreasonable distress is to be grievously amerced for the excess of such distresses);

[TB Law]

Statute of Marlborough 1267, wasnt the distress element repealed by the Tribunals, Courts and Enforcement Act 2007?