bailiffs/old parking ticket - clamped me before 6am - is that allowed?

[katiexx]

I received a parking ticket in August last year, due to being 10 mins late back to my car. I did appeal this but it was outside the 28 days. I heard no more from the council and Monday last week went to get into my car to go to catch a flight and there was a clamp on my vehicle from bailiffs

 

I filed a forms TE7 and TE9 with th court and the action has been put on hold. However, they are refusing to remove the clamp from my vehicle stating that the action was taken out prior to the court putting the clamp on therefore the clamp remains in place. Both the council and bailiffs are stating this.

 

Therefore my car is clamped on my driveway, I have no access to the garage I cannot get my bins out for the dustman and the drive is obstructed. More to the point I need my car to get to work. Is this legal? I feel like I am being backed into a corner with pay it or pay it.

 

Does the council not have a responsibility to tell me they were not going to look at my appeal or is it ok for them just to ignore my letter. They acknowledged the letter when I spoke to them said that they had no responsiblity to notify mne and the clamp remains in place, how would I know they were not going to do anything if they did not tell me. Nobody seems to care that I could not get to work and possibly lose my job. Fortunately I am using a pool car from work at the moment.

 

On top of all this I have a log book loan on my car with bill of sale which the bailiffs have copies of which states the car is not allowed to form any part of a distress or levied and the bailiffs have said thats fine just means we cannot sell it.

 

Is there anything I can do as I am just banging my head against a wall. I do not think I should be forced to pay something I appealed and I feel I am the subject of bully boy tactics. I do not even know how much they are asking for I had to fight with the bailiffs to get the PCN number and they didnt want to give me the phone number for the council i had to google it.

 

Surely there must be some law against this please help do not know which way to turn

[brassnecked]

What bailiffs and council is this? as they may well have have illegally clamped the vehicle, others will know more

[katiexx]

It is Newham council and Newlyn Plc bailiffs. Another issue is that I was due to catch a flight at 7am that morning and went to get into the car at 5am they are stating they put the clamp on at 6.58am which is impossible. I have flight tickets to prove this. I have read somewhere they are not supposed to attend a property before 6am and after 9pm is this correct and if so what can I do

[lamma]

"Both the council and bailiffs are stating this."

In writing ?

[brassnecked]

Wonder if they clamped it late Saturday night?

[katiexx]

No I have got nothing in writing only phone calls, it is a real struggle to get past customer service at Newham council apparently Parking services do not accept calls and as for the bailiffs they are just arrogant and rude and they keep telling me to speak to the bailiff who tells me to speak to them. I have never known anything like this. No it could not have been Saturday night and I drove it around 9pm sunday night so it was some time after that. My dog started barking in the early hours but there were no lights outside I think this must have been when they came but I have no idea what time that was.

[tomtubby]

Have you spoken to the council and have they confirmed whether they received your letter of appeal?

 

The car has a Log Book loan. How much roughly is the car worth (auction value) and how much is the dbet to Log Book Loan?

 

There is no reason at all to leave the vehicle clamped and instead, the local authority can simply ask Newlyn to allow you to sign a Form 8: Walking Possession.

 

Have you checked to see whether the bailiff is certificated?

[katiexx]

Yes they confirmed they have received it they have it scanned on their system. They are saying that because it was outside the 28 days they had no responsibility to acknowledge or respond to it.

 

There is about 600 outstanding on the log book loan and I have no idea what the car would be worth at auction

 

I intend to fight this to the bitter end and will be asking for a hearing if the council reject my application to file out of time. They have until the 15th April to respond to the court. However, this does not help me now as I don't have my car.

 

I have read somewhere about an abandoned levy as they left the vehicle. It states that if that is the case I can remove the clamp. Is this correct?? Do you know what will happen if I do remove the clamp?

 

Hope you can help

[lookinforinfo]

I don't think that you could call that an abandoned levy.

However if some kind person were to remove the clamp without your knowledge there is not much the bailiff can do since under the Enforcement of Road Traffic Debts Order 1993 s.10 then s.92 of the County Courts Act shall not apply.

In other words there is no punishment for removing a clamp if the bailiff is collecting a Road Traffic contravention.

[tomtubby]

The bailiff company is Newlyn. You have rightly asked the question as to what would happen if you removed the clamp. All I can say is that is almost all cases where this has happened....with this company....the bailiff will REMOVE the car to the pound.

 

The LA are wrong. Although your appeal was filed late the The Secretary of State's Operational Guidance to Local Authorities clearly states that the LA MUST exercise their discretion and furthermore; that they can cancel a PCN AT ANY STAGE IN THE ENFORCEMENT PROCESS. They cannot and must not FETTER THEIR DISCRETION.

 

You may also remind the LA that if they reject your application you will seek a review and that is this is accepted that you will be entitled to make a claim for RESTITUTION and this will include costs for them depriving you of the USE of the vehicle.

 

The correct procedure is for the bailiff to issue a Form 8 Walking Possession and thereby allow you to continue having the use of the car.

[biggeorge]

Just a thought that if that clamp came off your vehicle (somehow) and somehow got chained to something in your private property then you could charge

a nice storage fee for keeping it safe, say £50 a day to keep it nice and safe.

Don't release it until they pay up meanwhile these fees will be adding up daily for you.

 

George

[katiexx]

Hi

 

At the moment though there is a hold on all bailliff action from the court and I do intend to appeal should the council not accept my request to file out of time then I will take it further and ask for a formal hearing in the county court. I take it the bailiffs cannot take any further action whilst this is going on? Or can they just turn up and take the vehicle?

[brassnecked]

Hi

 

At the moment though there is a hold on all bailliff action from the court and I do intend to appeal should the council not accept my request to file out of time then I will take it further and ask for a formal hearing in the county court. I take it the bailiffs cannot take any further action whilst this is going on? Or can they just turn up and take the vehicle?

They should have removed the clamp, and withdrawn as soon as the court accepted the OOT.

[tomtubby]

Brassnecked...the court have NOT accepted the OOT.

 

All that has happended so far is that Katie has submitted the OOT to the Traffic Enforcement Centre and accordingly, all enforcement has now ceased ( under CPR 75 (8.1) whilst the local authority consider the application. if the LA refuse..then Katie may then file and N244 to seek a "review" of the refusal.

[brassnecked]

Brassnecked...the court have NOT accepted the OOT.

 

All that has happended so far is that Katie has submitted the OOT to the Traffic Enforcement Centre and accordingly, all enforcement has now ceased ( under CPR 75 (8.1) whilst the local authority consider the application. if the LA refuse..then Katie may then file and N244 to seek a "review" of the refusal.

Thanks TT That is what I meant, that the matter would be under review, sorry for confusion katie, but surely clamp should be removed in the interim?

[tomtubby]

When an OOT if filed, the LA has 19 BUSINESS DAYS ( one month) in which to consider the REASON given by Katie as to WHY she could not file the witness statement at the Order for Recovery stage.

 

If the LA reject..the matter is then considered by a TEC Court officer and a response will normally be given to the respondent within appros 2 weeks. Therefore, all enforcement is on hold for approx 6-8 weeks.

 

My persoanl opinion is that there is NO reason at all as to why the vehicle is not put onto a Form 8 Walking Possesion.

[brassnecked]

When an OOT if filed, the LA has 19 BUSINESS DAYS ( one month) in which to consider the REASON given by Katie as to WHY she could not file the witness statement at the Order for Recovery stage.

 

If the LA reject..the matter is then considered by a TEC Court officer and a response will normally be given to the respondent within appros 2 weeks. Therefore, all enforcement is on hold for approx 6-8 weeks.

 

My persoanl opinion is that there is NO reason at all as to why the vehicle is not put onto a Form 8 Walking Possesion.

Apart from bailiff intransigence, as it is no one gains anything least of all OP, and if clamping prevents debtor working then lose their job, ultimately the bailiff may lose.

[katiexx]

Letter received from Newlyns today:

 

I would advise you that Newlyn Plc is working under instructions of our client London Borough of Newham, who have issued a warrant of execution at the traffic enforcement centre on the 27th February for non payment of a penalty charge notice. As certificated bailiffs we have een instructed to enforce the warant of execution and can make charge for the administration and enforcement of the warrant as per the Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003

 

Please be aware that Newlyn Plc reserves the right to seize a vehicle which is on finance should it become necessary our respresentatives may remove the vehicle and will then liaise with the relative finance company regarding the matter. Enforecement action has been halted and , as such, the immobilisation unit will not be removed from your vehicle until such a time that Newlyn Plc has received further instructions from our client.

 

Whilst we do empathise with your current situation you appeal must continue to be addressed directly with our client and the Traffic Enforcement Centre. Should our client request that the file be closed or returned then we shall, of course, comply with their instructions. I can confirm that enforcement actions remains halted pending the outcome of your recent appeal. However, please be aware that if your appeal is rejected, enforcement action will recommence in order to recover the monies owed if no payment is forthcoming

[brassnecked]

"Please be aware that Newlyn Plc reserves the right to seize a vehicle which is on finance should it become necessary our respresentatives may remove the vehicle and will then liaise with the relative finance company regarding the matter"

 

They are skating on thin ice here, as if a finance company won't play ball the bailiff could be in the soup.

[katiexx]

I cannot get my head around the blatancy of them. They really do not care at all. I want to remove the clamp but I do not want to find myself arrested for criminal damage either. In a real catch 22.... I do not even know how much they are charging I have had no correspondence from them at all other than a sticker on my windscreen and this letter today.

[unclebulgaria67]

As your appeal is in and enforcement action has been stopped, then ask them to remove the clamp before x time or you will have it removed by force.