Bailiffs turn up out of the blue for a out standing parking ticket i never received

[pixiprincess2008]

Hi i was looking for some help and advice.

Last night bailiffs turned up out of the blue saying that i owed money on a outstanding parking ticket from 2010.i never received this parking ticket or any letters from the courts. I would have paid the ticket of £25 if i has received it, it is now £500. The bailiffs clamped my car and then parked outside my house for 3 hrs waiting for me to get the money. I had to give them the 500 as i need my car for work, i rang the council today to complain and find out about the ticket and they said i could contest it.

 

I was wondering about the best way to go about this, as i didnt receive any thing from courts or council,or a letter from the bailiffs to say they would be coming.

 

Any help or advice would be much appreciated.

 

Thanks jennie

[ploddertom]

Do you know what address was on the Warrant they had? Did the Reg No on the Warrant tally with that of your car?

[Andyglover63]

Who issued the initial ticket and where ?

I was under the impression that car clamping was now outlawed ? Can anyone clarify please.

Did the county court send tha bailiffs ?

[tomtubby]

Clamping of vehicles was indeed outlawed from 1st October. However, an exemption was given to allow bailiffs enforcing a warrant to continue clamping vehicles.

[ploddertom]

However, an exemption was given to allow bailiffs enforcing a warrant to continue clamping vehicles.

 

Which Rule/Regulation allows them to do this?

[tomtubby]

I am in a bit of a rush right now but the following document from the Home Office should suffice.

 

http://www.homeoffice.gov.uk/publications/about-us/legislation/freedom-bill/fact-sheet-part3?view=Binary

[TB Law]

The document says the term "lawful authority" means where specific legislation or express powers are in force…

 

Legislation for clamping for DVLA unpaid tax discs and clamping orders for unpaid court fines does exist, but nothing provides for clamping for unpaid PCNs council tax and private debts collected by an HCEO.

[Surfer01]

I think that thsio says it all "A Government ban on wheel clamping, towing or blocking in without lawful authority in England and Wales is now in force (as of 1 October 2012)." A bailiff has lawful authority from a court.

The term “lawful authority” means where specific legislation or express powers are in force, which allow for vehicles to be legally immobilised or removed.

Examples of lawful authority include where statutory powers exist such as Road Traffic Regulations which allow local authorities or the police to clamp or tow vehicles on public roads. Certificated bailiffs retain their powers to immobilise or remove vehicles. Certain statutory authorities also retain the ability to clamp and tow, such as the Driver and Vehicle Licensing Agency (DVLA) and Vehicle and Operator Services Agency (VOSA), who will continue to clamp or tow vehicles which are un-roadworthy or have not had their vehicle tax paid.

[TB Law]

Yes, thats right, a local authority can tow abandoned vehicles under the Road Traffic Regulation Act 1984 and others but theres nothing giving local authorities the right to clamp a vehicle for unpaid council tax or PCN.

[Surfer01]

Yes, thats right, a local authority can tow abandoned vehicles under the Road Traffic Regulation Act 1984 and others but theres nothing giving local authorities the right to clamp a vehicle for unpaid council tax or PCN.

 

Local authorities do not clamp etc. Bailiffs clamp on authority of the court or have you missed that bit.

[ploddertom]

I am in a bit of a rush right now but the following document from the Home Office should suffice.

 

http://www.homeoffice.gov.uk/publications/about-us/legislation/freedom-bill/fact-sheet-part3?view=Binary

 

Thank you, I will have a good look when I get home this evening.

[TB Law]

Local authorities do not clamp etc. Bailiffs clamp on authority of the court or have you missed that bit.

 

Im sorry surfer01 but that is not right. Local Authorities are allowed clamp vehicles under section 79 of the Traffic Management Act 2004.

 

Bailiffs only have authority of the court to levy distrain for unpaid warrants and liability orders on behalf of councils provided they have a valid bailiffs certificate.

 

Bailiffs act on behalf of the local authority under the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 and the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993.

[tomtubby]

Under section 54 ( and 56) of the Protection of Freedoms Act it specifically allows for vehicles to be immobilised under "lawful authority". Section 56 of the following document from the Home Office should provide the answers:

 

http://www.homeoffice.gov.uk/publications/about-us/legislation/freedom-bill/public-reading-stage-report?view=Binary

 

56. One individual also raised the issue of whether bailiffs would continue to be able to clamp to enforce debt collection.

 

The ban will not affect bailiffs’ activities where they are carried out with lawful authority. Lawful authority includes existing statutory powers including the power of certificated bailiffs to immobilise and remove vehicles for unpaid council tax or unpaid national taxes. Lawful authority will include specific powers for bailiffs to enforce debts under a range of existing statutes, as well as common law powers to seize and sell goods to recover a sum of money, in the exercise of which vehicles may be immobilised and towed. This includes the power to immobilise or tow away vehicles in relation to debts enforceable under a Magistrates’ Court warrant of distress.

[brassnecked]

Thanks TT

[TB Law]

That's the bit I saw, the words "Lawful Authority".

 

There is a power to clamp for distress warrants provided a magistrate has made a clamping order.

 

But there are no statutory powers for bailiffs to clamp and immobilise vehicles for unpaid council tax and PCNs because there is no regulation that enables an authority to make a clamping order for unpaid council tax or a PCN. This would suggest there is no "lawful authority" to immobilise a vehicle.

 

Bailiffs can seize a vehicle provided there is a valid levy over it.

[brassnecked]

So where is it specifically written that a bailiff can clamp for council tax, what Regulation or Statute expressly permits this?

[tomtubby]

The bailiff industry will argue that they do not clamp a vehicle. They merely immobilise it once it is seized. The "legal authority" will be the warrant of execution, liability order, distress warrant etc.

 

When section 54 of the Protection of Freedoms Bill was debated by Parliament it has been made very clear indeed that bailiffs enforcing any of the above "legal authorities" will be exempt.

[ims21]

Thread temporarily closed while we move all off-topic posts to a new thread

[ims21]

Thread re-opened for answers to OPs issues only please.

 

The Throssell "Off Topic" stuff is now here for those that want it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?376394-Throssell-and-Leeds-City-Council