Got clamp on my 4 days old car outside my house

[iceman007]

My newly bought car got clamped outside my house in the morning while still asleep for previous owner fine, i call the bailliff on the number left on screen and show him my v5c/2 and reciept of sale for the vehicle plus photocopy of completed part sent to dvla whith all my details showing in it but he refuse to unclamp my vehicle saying i should contact there o845 office number and left, he refuse to give me the warrant or any documentations at all saying data protection, i email my v5 and receipt of sale to there office and council that sent them with a complain and still have my vehicle unclamp for few days now, i need to insured the car asap now in my name as previous owner insurance is still running on car but not when i cant drive it. They said i should provide my insurance certificate as proof now why. Please help

[ims21]

Thread moved to Bailiff forum

[Surfer01]

My newly bought car got clamped outside my house in the morning while still asleep for previous owner fine, i call the bailliff on the number left on screen and show him my v5c/2 and reciept of sale for the vehicle plus photocopy of completed part sent to dvla whith all my details showing in it but he refuse to unclamp my vehicle saying i should contact there o845 office number and left, he refuse to give me the warrant or any documentations at all saying data protection, i email my v5 and receipt of sale to there office and council that sent them with a complain and still have my vehicle unclamp for few days now, i need to insured the car asap now in my name as previous owner insurance is still running on car but not when i cant drive it. They said i should provide my insurance certificate as proof now why. Please help

Previous owner's insurance stopped the day it was sold so if you have been driving it over the past few days, you have been driving without insurance which is an offence. However if you have only had the vehicle 4 days, how have you been able to get a V5C in your name so quick as it normally takes 2 weeks minimum?

[iceman007]

i mean the tear off part of the v5 for new keeper to keep and i havnt been driving it as it was brought home for me by someone who is covererd to drive it until i shop around for good quote.

[Surfer01]

i mean the tear off part of the v5 for new keeper to keep and i havnt been driving it as it was brought home for me by someone who is covererd to drive it until i shop around for good quote.

Okay that explains why the clamp is still on the car as that part is not proof of ownership. How did they manage to trace the car to the new address? Were you able to produce a Bill of Sale? Your best bet is to contact the council with the details, telling them to call off the bailiffs otherwise you will be seeking compensation from them as the car is in new ownership. Makes you wonder how many other tickets are going to pop up?

[raydetinu]

you need to take proof of purchase to council and that should be enough.

[iceman007]

Thanks for your advise so far guys, i have email the receipt and V5 slip, still they refuse to unclamp it and not responding to my complaint via email either. but told me on phone conversation that i need to suply balliff with insurance certificate to release clamp, now balliff just email me saying TFL need to know if im sending them the insurance or not as they want to know whether to remove vehicle.

[TB Law]

This looks like a clamping by an ANPR van which received a 'hit' for an unpaid PCN by a previous owner.

 

This policy is flawed because it deprives the current owner the lawful use for an unpaid PCN by a previous driver.

 

You need to telephone the clamper and find out the original PCN number and identify which council issued it.

 

Speak to the council and record the call and if they give you trouble you can make a Form N208 emergency application to recover your vehicle. There is a £400 court fee but you get this back from the council. Just turn up at court they can usually find a spare judge kicking around the office to make the order.

 

When you are done you can have a chat with the council about compensating you for unlawful deprivation and your out of pocket expenses.

[iceman007]

Thanks for your advise, but this is transport for london not council, and can it be any court nearest to me to fill this N208 form or the court that issue the warrant ? why are they askin for my insurance when they are not police or insurance company with accident related issue are they try to look for more grounds to hold my car as they keep telling me that they think i have link with previous owner as it was on company name prior to me buying it, but not finnance issue with anyone, just 1 yellow box contrervention.

[tomtubby]

Unfortunately, many people "claim" that they had purchased a car and it is later found that the "sale" had been simply a "paper exercise" in order to transfer a car to a friend/relative etc in order that the vehicle would not be seized by a bailiff pursuing an unpaid PCN.

 

It is because there are so many cases such as this that genuine new owners have so many problems proving that the sale had been above board.

 

Even on the forum there have been MANY queries from the public asking how to backdate a log book for the same reason.

 

On the warrant of execution, it clearly provides the VRM of the car that was involved in the contravention and therefore, if the car is located by ANPR and DVLA still have the vehicle registered to the previous owner then almost all bailiff companies will require sufficient documentation in order to establish that a "real sale" has taken place and that a "proper consideration" had been paid.

 

Therefore, they will require the following:

 

A receipt for the purchase

 

Proof of how payment was made ( copies of bank statement, cash withdrawal slip etc )

 

Many times, proof of where the vehicle had been advertised for sale (Exchange & Mart, E-bay, local newspaper etc)

 

Finally, a copy of the Insurance certificate with the start date matching the date of purchase.

 

In your case, as the insurance is not yet in place are you able to provide evidence of the amount paid or a copy of the advertisment ?

 

This is a TfL contravention. Which bailiff company is involved?

 

How much roughly is the car worth?

 

PS: Do you know how many PCN's are outstanding?

[TB Law]

TFL is accountable for the bailiff and yes, its your local court you make the N208 application.

 

I dont think insurance is relevant because police can do a insurance PNC check. Its not for a private clamping company to inspect insurance documents.

 

Speak to TFL and explain whats happened and ask for the clamp to be removed, but you must record the call because you need to make an application for costs with your N208 if TFL is uncooperative.

[iceman007]

1 ticket only they said and the car is insured but data proctection mean a lot to me as i heard they are very bad in selling your details on.

[iceman007]

can they reclamp my vehicle again before new log book come in my name if i fill this N208 FORM

[stu007]

Hi

 

The other issue you may possibly have with this is if the vehicle was parked on a public road with no valid insurance and no declaration of SORN it can be clamped.

 

I have seen people get caught out with this with a vehicle parked on a public road with good old DLVA Clampers coming into estate checking vehicles as its a public road and the MOT may be in date but the vehicle has no insurance and the registered keeper has not declared it SORN so DVLA Clampers Clamped Vehicles.

 

Registered Keeper contacts DVLA Clampers has to provide valid insurance and also gets a fine so please be careful how you handle this one if it was clamped while on a Public Road.

[iceman007]

insurance is no issue at all as there is issurance on vehicle all through and through

[zydeco]

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[tomtubby]

As the car was only clamped today I really do think that you should think very carefully before paying a large fee to file a claim in court.

 

You will need to satisfy the District Judge that the sale was above board. My personal opinion is that if the necessary documentation is available then approaching Transport for London is far cheaper, easier and quicker and furthermore, you do not run the risk of costs being awarded against you.

 

As I have said, this is purely my personal opinion.

Edited November 12, 2012 by tomtubby

[TB Law]

Have a look on page 9 of leaflet EX160a from the Ministry of Justice. If your income and expenditure falls within the table of figures, you dont need to pay any court fee, or you can claim a part remission.

 

Leaflet: http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex160a-eng.pdf

[Surfer01]

insurance is no issue at all as there is issurance on vehicle all through and through

Is the insurance in your name? If not, it probably is not valid.