bristow & sutor Unknown PCN

[CarolineT]

I was visiting my friends last week,

she has a sorned vehicle on her drive which she had sold two days before,

the new owner was due to collect it the same night

 

A white van appears on her drive and a man knocks on the door,

My friend thinks its a delivery for the neighbour,

my friend opens the bedroom window, and has a conversation with the Gentleman on the door,

he says he is a bailiff and he has come to collect 392.00 for an unpaid parking ticket,

 

I can honestly stay my friend was stunned,

she did not know anything about it,

she contacted the Local council,

they could not tell her anything as the system was down,

she went on the Councils web site and checked there was a ticket for 82.00 which she paid immediately.

 

She has two grown up children,

she knows one of them has probably had the ticket.

 

 

there are two men on the drive in a white van,

they proceed to clamp the sold vehicle,

my friend explains that the car has been sold

and the owner is coming to collect it today.

The man says he doesn't care,

the white van remains parked on the drive for 30 mins during this time,

 

 

my friend asks where is the court order to clamp the car,

the reply was the chap showed he half a piece of paper with a line of text on the paper

saying mentioning a court in Northampton which she knows nothing about,

she has never received any documents from a court in Northampton.

 

The white van leaves and returns about 1 hour later

stating they are towing the vehicle away at 17.15hrs unless she pays up,

 

 

she explains she doesn't get paid until next week and asks what is the hurry to tow a clamped vehicle

the chap explains by the end of the evening she will be paying him £1,000 pound,

and asks her for her log book and keys -- which she no longer has.

 

My friend telephones her son who is due home from work (she does not live at the property anymore)

her son and his girlfriend actually live there, she lives with her partner,

 

 

her son pulls up and beeps at the van ,

one of the occupants gets out and asks her son where he lives

he says he lives next door ,

they then ask him to park as close to the house as possible as they are going to tow a vehicle.

 

He then proceeds to park his car at the top of his drive

the white van cannot get onto the drive,

 

 

eventually the white van leaves after threatening to call the police,

my friend did call the Police,

they told her not to pay and gave her a reference number the officer said it sounded like extortion

 

The new owner of the vehicle arrived later that night arranged her boyfriends pick up truck

and took her car away stating no one had any right to clamp her car

and of the bailiffs want the clamp back they can pay for it.

 

What will happen to my friend,

will she be arrested,

shes very upset by the whole thing,

 

 

I have known her for twenty years she would not ignore a parking ticket

Edited June 19, 2016 by maroondevo52
formatting

[Bailiff Advice]

 

she has never received any documents from a court in Northampton

 

I have known her for twenty years she would not ignore a parking ticket

 

Before getting to the very late stage of a personal visit, your friend should have received three notices from the local authority (a Notice to Owner, a Charge Certificate and an Order for Recovery).

 

She should then have received a Notice of Enforcement from Bristow & Sutor. Give that your friend is adamant that she knew nothing about this Penalty Charge Notice, then it is vitally important that she first speaks with the council in the morning to ascertain the reason why notices from them (the council) had not been received by her.

 

Once she has spoken with the council, please post back.

[brassnecked]

The debtor must find out quickly what the PCN is and arrange payment. She doesn't have to let the bailiff in.

 

The New Owner might be threatened with having the car taken if the bailiffs can find her address and it isn't in a garage. Problem for them it is private land not the debtor's property so shouldn't be able to take it. Showing a receipt or proof of a money transfer and the green slip from the V5 should be enough for the bailiff if they did trace the car.

[Peterbard]

If the car was taken whilst under control, which it was if clamped. It is an offence and the police can be called to recover the stolen goods unfortunately.

 

I should add that this is if the bailiff is legally acting under a warrant of control, of course.

[Fair-Parking]

Utter dangerous and misleading rubbish DB. Parking enforcement is not subject to rules that only apply to judicial courts who have issued warrants themselves. Further if there was a warrant in this case, I'll give you the money mesself.

 

The OP is better office filing a out of time stat dec as per BA

[Peterbard]

Utter dangerous and misleading rubbish DB. Parking enforcement is not subject to rules that only apply to judicial courts who have issued warrants themselves. Further if there was a warrant in this case, I'll give you the money mesself.

 

The OP is better office filing a out of time stat dec as per BA

 

Yes I know there is no warrant , it is just a fantasy which the rest of the world engages in, give it a rest.

 

If goods are taken under control, they are under control. If there is a dispute then that has to be decided and if found to be correct the goods will be released. Taking goods which are under control is an offence under section 68 of the TCE, it is also theft.

[brassnecked]

If the car was taken whilst under control, which it was if clamped. It is an offence and the police can be called to recover the stolen goods unfortunately.

 

I should add that this is if the bailiff is legally acting under a warrant of control, of course.

If the new owner bought whilst goods are bound, then yes the bailiff can probably have the car, and theft of the clamp if the police can be bothered to act in a "Civil" matter. B & S could also claim the taking of the car was Obstruction and have the new owner done.

[Peterbard]

If the new owner bought whilst goods are bound, then yes the bailiff can probably have the car, and theft of the clamp if the police can be bothered to act in a "Civil" matter. B & S could also claim the taking of the car was Obstruction and have the new owner done.

 

Given that this were true , it cannot be argued at the time the goods are taken under control it must be brought up in the form of compliant to the EA after the event.

The car in any event was taken control by immobilization, it should not have been moved.

[Peterbard]

The correct course of action here should have been to leave the car where it was and contact the council to see if a warrant of control had been issued.

[brassnecked]

Given that this were true , it cannot be argued at the time the goods are taken under control it must be brought up in the form of compliant to the EA after the event.

The car in any event was taken control by immobilization, it should not have been moved.

 

The New owner sould have shown B & S the V5 slip given to new keeper and any receipt. They acted like many people who know nothing of bailiffs would, they took what they considered as their property away.

[Fair-Parking]

My response is advice or the OP and thus remain within the confines of the thread.

 

Nor are my views 'unique' as they have been upheld by Mr Justice Owen in the High Court. I have supplied details before.

Edited June 20, 2016 by honeybee13
Personal slight removed.

[Peterbard]

The New owner sould have shown B & S the V5 slip given to new keeper and any receipt. They acted like many people who know nothing of bailiffs would, they took what they considered as their property away.

 

Yes of course they did not notice the accompanying notice orr have any contact with the other party and the issue of the bailiff never came up.

 

In any case this "argument" would have to be brought up in any complaint as said.

[Fair-Parking]

My view were also upheld by DJ Andrew Thomas in Bromley County Court and DJ Baker in Birkenhead County Court.

 

I shall not be adding any more. Those reading this can please themselves whether they wish to believe my posts.

Edited June 20, 2016 by honeybee13
Argumentative comments removed.

[Bailiff Advice]

I have no intention of placing this case in yet another thread again. BA copy of the judgment. You however are not looking for a balanced view just an excuse to hijack this thread and make more trouble.

 

My view were also upheld by DJ Andrew Thomas in Bromley County Court and DJ Baker in Birkenhead County Court.

 

I shall not be adding any more. Those reading this can please themselves whether they wish to believe my posts.

 

The poster of this thread (Caroline) will have no idea why you consider that there is no warrant and it was with this in mind, that the following thread was set up so that your thoughts on this important subject could be discussed/debated. I would very much like to debate the matter and I am sure that others would as well.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465256-Warrants-of-Control-(Parking)-Discussion-thread

[honeybee13]

Irrelevant and argumentative posts removed.

 

Can we please get back to advising the OP. Your personal stuff isn't helpful, please keep it off advice threads.

 

HB