How to apply for court order to get unlawful clamp removed?

[larcy]

What kind of proceedings do I need to issue to get a court order against a bailiff ordering him to remove an unlawfully applied car clamp?Please be specific , i.e. what is the exact wording of the order am I seeking,what kind of court do I apply to, what forms to I use to apply for the order,what do I put on the forms. Do I issue the proceedings against the individual bailiff or the firm he works for? I want to issue proceedings against the bailiff or his company NOT the local authority

 

Background is the car is owed by a limited company (and this can be proved). The car has been clamped under a council tax liability order against an individual. Bailiff has been made aware that car is owned by third party but has refused to remove clamp.

 

Only documentation left through letter box when car was clamped was “Removal Notice (car details) clamped to be removed. Magistrates Liability order dated xxx arrears of council tax due to xxx total outstanding xxx, I have today attended your premises with the intention of levying and removing your goods and chattels to the auction value of xxx. I will be re-attending and goods may be removed even in your absence. If you wish to avoid this distressing course of action Telephone Immediately”

 

Options I’ve already considered but can’t see that they would work are

 

1) Issuing an interpleader summons. Can’t do that as car has not been actually seized, only clamped. No valid levy has been made (or if it had it has been abandoned) so can’t use interpleader route

 

2) Issuing proceedings under Torts (Interference with Goods) Act 1977. S3 looks the most promising. However the relief available is only for delivery of the goods and/or damages. The goods haven’t been removed, just clamped

 

3) Issuing form 4 complaint against bailiff, Not a good idea as potential to be very expensive if costs are awarded. Also only deals with Bailiff fitness to hold certificate, does nothing on getting clamp removed

 

4) Issuing proceedings under Protection from Harassment Act 1997 S3. Difficult as owner of vehicle is a company, not a person, and act appears to be very much aimed at protecting real persons from harassment

 

5) Issuing proceedings under The Council Tax (Administration and Enforcement) Regulations 1992, Section 46. Looks promising but is only available against levy or attempt to levy. No valid levy appears to have been made, merely the car has been clamped. Also this route only appears available to the person that the levy was aimed against, not a third party company

 

Note that the advice sought for now is just to get a court to order the clamp removed. The financial lost incurred, hire of other cars,time, and trouble, is a question for another day once the clamp has been removed

Any advice gratefully gratefully received and will post success (or non-success) story

Edited September 14, 2013 by citizenB

[tomtubby]

Larcy.

 

In order to give advice it would be helpful to have some background information.

 

Which council issued the Liability Order?

 

How much is the LO for ( according to the council and not the bailiff)

 

What fees have been charged?

 

Which bailiff co?

 

What proof has been provided?

 

How long has car been clamped?

 

Have you spoken to the council?

 

At the moment please do not be tempted to remove the clamp as it is now common practice for bailiff companies to add fees of around £300 to accounts when this happens.

 

PS:

[unclebulgaria67]

TT

 

Am I right that there is no lawful authority for bailiffs to clamp a car for council tax ?

 

That the Police will ask for the clamp to be removed, unless the bailiffs show that they have lawful authority from a court or specifically in legislation to clamp the car.

[larcy]

Larcy.

 

In order to give advice it would be helpful to have some background information.

 

Which council issued the Liability Order?

 

How much is the LO for ( according to the council and not the bailiff)

 

What fees have been charged?

 

Which bailiff co?

 

What proof has been provided?

 

How long has car been clamped?

 

Have you spoken to the council?

 

At the moment please do not be tempted to remove the clamp as it is now common practice for bailiff companies to add fees of around £300 to accounts when this happens.

 

PS:

 

Hi

 

Thanks for your reply, but I don't think providing a lot of that on a public forum would be a good idea as it would enable Bailiff to identify the case

 

No fees have been charged

[larcy]

TT

 

Am I right that there is no lawful authority for bailiffs to clamp a car for council tax ?

 

That the Police will ask for the clamp to be removed, unless the bailiffs show that they have lawful authority from a court or specifically in legislation to clamp the car.

 

I would agree with that, but I think the Police would not be interested and would just fall back on the "its a civil matter" excuse. Which I'm inclined to agree with. So the question then becomes what civil proceedings need to be issued to obtain court order that bailiff remove clamp

[unclebulgaria67]

a

I would agree with that, but I think the Police would not be interested and would just fall back on the "its a civil matter" route. Which I'm inclined to agree with. So the question then becomes what civil proceedings need to be issued to obtain court order that bailiff remove clamp

 

In this situation, you should call the Police, as the bailiff cannot clamp a car for council tax and leave. The Police should arrange for the bailiff to remove the clamp to avoid you cutting it off, which could lead to an offence of criminal damage.

 

You could to to court and ask for some form of injunction, but this would cost you and I doubt it would be quick.

[larcy]

a

 

In this situation, you should call the Police, as the bailiff cannot clamp a car for council tax and leave. The Police should arrange for the bailiff to remove the clamp to avoid you cutting it off, which could lead to an offence of criminal damage.

 

You could to to court and ask for some form of injunction, but this would cost you and I doubt it would be quick.

 

Thanks for your reply

 

What Court, and what form of injunction?

[unclebulgaria67]

Thanks for your reply

 

What Court, and what form of injunction?

 

Not my area of knowledge. Quick reading suggests an anti-harrassment injunction specific to the issue of the car being clamped.

[wiseajak]

If its been proves to belong to a limited company and hes ignored this he would be in deep do do if he prodeeded to remove and Sell the car. Provide this proof to the local authority if u havng already done so as they are soley responsible for their clients actions.

 

Im suprized the idiot bailiff is taking this to this point he should know himself hed be up a certain creek without a paddle if he proceeds.

[renegadeimp]

Many bailiffs simply dont care and try and bluff the debtor in order to get fees.

 

Becoming a bailiff is pretty easy and has the potential through dubious practices to be a major money earner. Thats why you always see **** of society becoming bailiffs.

 

They act compassionate through their training period, then once they are registered, the rule book gets thrown away and the criminal acts begin giving the entire industry a bad name.

[lamma]

A suitable officer of the Ltd Co would have to do it.

If I were such I would just pitch up at the local county court and talk to the admin staff and explain what has happened and that I am seeking whatever order of the court is appropriate to get the unlawfully distrained property returned today.

they will know what judges are in that day, who is best to hear you and what their schedule looks like. This should also navigate away from and any potential paperwork errors.

take proof of ownership (NOT 'keepership') of the vehicle. Proof that the LO is for someone else and proof of being duly authorised by the Ltd Co. And good ID.

 

Of course this needs the admin staff to be helpful. And most often they are.

I would start in the vein:

I need your help. I am an innocent third party suffering ongoing damage and I am here to seek relief through the court today.

And take it from there.

Be prepared to pay any fees, seek that the court orders the refund them as part of the relief.

Do not be sidetracked by targeting the bailiff. As long as you get the relief you should not concern yourself with whether its the council or the bailiff, leave that to the court.

[Conniff]

Hi

 

Thanks for your reply, but I don't think providing a lot of that on a public forum would be a good idea as it would enable Bailiff to identify the case

 

No fees have been charged

 

Tomtubby is an expert on bailiffs and wouldn't ask unless it was necessary.

[larcy]

Tomtubby is an expert on bailiffs and wouldn't ask unless it was necessary.

 

I don't doubt it and reading through all this his advice does seem excellent, but am still not sure it is a good idea to post sufficient details on a public forum to enable the case to be identified by the Bailiffs themselves. They do read these forums (they would be mad not to!)

[Conniff]

We know they read the forums, but they won't gain any advantage from doing so especially naming the bailiff company.

 

If they should identify you, (and I think there is probably already enough info to do so), they might rush around and release the clamp, but I doubt it, they just don't care.

[ashmk]

Cut it off and make it disappear forever.

[citizenB]

larcy, if you do not wish to post the information on a public forum, do you want to private message it to me and I can pass it on to TT for you ?

[HCEOs]

I suppose you could argue that it is trespass to goods but I'm unsure what damages are recoverable from that. For any claim you will have to prove a loss.

 

It will really depend on what information you have provided to the bailiff. If at this stage you have not provided the documentary evidence for him to see then he may be within his rights to leave the vehicle clamped until ownership is proved.

 

Is the car registered in your name but bought by the Ltd company?

[tomtubby]

Larcy,

 

There is no need for you to provide the name of the bailiff company or the local authority but it would be helpful if you could provide some further information about the vehicle. For instance, has the car always been owned by a Limited Company or had it previously been owned by you personally?

 

Given that the the local authority are wholly responsible for the levy and fees charged by their agents, have you provided the LA with sufficient evidence to prove that the vehicle is owned by a Limited Company and should therefore not be levied upon ( for a debt that is personal).

 

If you can provide some further details this would assist.