URGENT - PCN never received - bailiff wont remove clamp..gotta get to work!!

[Patrickc123]

Hello,

 

Really need some help.

 

Last Thursday I went outside to go to work and my car was clamped.

 

Rang the bailiff and they have been chasing me at my old address for the last year.

 

I moved address in November 2015 but didn't update my address with my lease company until January 2016.

 

I never received any notification of the fines, if I did I would have paid them.

 

Have got a few over the past year and always paid.

 

There is two fines outstanding totalling £1104. The fines were all in December 2015

 

I have spoken to (TEC) and filed the statutory declaration and out of time declaration.

 

I don't really know what to do from here or what happens as talking to the council is impossible and all the bailiff says is that the clamp stays on pending appeal.

Is this correct?

 

I really need my car for work and this is a nightmare.

Can anyone give me some advice?

 

Is there anything I can do to get the car de-clamped pending the appeal?

 

Thanks

[unclebulgaria67]

Contact whoever issued the PCN with details of the appeal and insist that the clamp is removed, as it is stopping you working.

[Patrickc123]

Thanks!

 

 

I have e-mailed Ealing Council and told them that I have to have my car for work.

 

 

Do they have to release the clamp?

 

 

The bailiff is insistent that the clamp will not come off pending the outcome of the appeal.

 

 

I have heard nothing from Ealing Council whatsoever.

 

 

Thanks

[Bailiff Advice]

 

Last Thursday I went outside to go to work and my car was clamped.

 

Rang the bailiff and they have been chasing me at my old address for the last year.

 

I moved address in November 2015 but didn't update my address with my lease company until January 2016.

 

I never received any notification of the fines, if I did I would have paid them.

 

Have got a few over the past year and always paid.

 

There is two fines outstanding totalling £1104. The fines were all in December 2015

 

Is there anything I can do to get the car de-clamped pending the appeal?

 

Thanks

 

When did you send the Out of Time witness statement to the Traffic Enforcement Centre?

 

Did you send the witness statement by email?

 

You have said that you changed address in November 2015 and that within a very short period of time (January 2016) you advised the lease company of your new address. Does the lease company hold your logbook (V5C)?

 

It may well be the case that your vehicle would be considered 'exempt' due to it being leased.

 

The deciding factor is whether or not there is a 'beneficial interest' in the vehicle.

 

Put simply....how much is the vehicle currently valued at and how much is outstanding to the leasing company? For example, if the vehicle is valued at £12k and the amount needed to pay off the debt to the leasing company is £7k then it could be argued that there is a 'beneficial interest' of approx £5k in the car (£12k minus £7k).

[Patrickc123]

They received it on Monday morning, confirmed it was ok and sent it back to Ealing council. Yes I submitted the witness statement by e-mail.

 

Yes the lease company keeps the logbook. It's a personal contract hire so I pay £200 a month for 3 years and then hand the car back without ever owning it.

 

I called into Ealing council this morning and someone called me back this afternoon saying that I have two options. Leave the car clamped until the outcome of the appeal or pay up.

 

I need the car tomorrow so I think I'm left with no option but to pay.

[ericsbrother]

so basically it is a hired car and not yours. Get the lease co to get involved as it is their property that is being seized. they wouldnt be impressed if it was taken away becasue they couldnt be bothered to do something withhin their powers. The bailiffs wont get paid for this job and they know it so hope that you are forced to pay them and then forget about the legalities of the matter of enforceability so they keep some money anyways.

[Bailiff Advice]

 

I need the car tomorrow so I think I'm left with no option but to pay.

 

Have you provided evidence to the enforcement company that your vehicle is subject to a Personal Contract Plan?

 

If your Out of Time witness statement are accepted, you will be entitled to a refund.

[Patrickc123]

Have you provided evidence to the enforcement company that your vehicle is subject to a Personal Contract Plan?

 

If your Out of Time witness statement are accepted, you will be entitled to a refund.

 

I havent no, will this make a difference to them if I do?

[Patrickc123]

so basically it is a hired car and not yours. Get the lease co to get involved as it is their property that is being seized. they wouldnt be impressed if it was taken away becasue they couldnt be bothered to do something withhin their powers. The bailiffs wont get paid for this job and they know it so hope that you are forced to pay them and then forget about the legalities of the matter of enforceability so they keep some money anyways.

 

What will the lease company do? Surely they will tell me I should have updated my address straight away and it's my fault that I never received the fines?

[brassnecked]

I havent no, will this make a difference to them if I do?

It could do as the car might be exempt from seizure.

[dayoshir]

Surely the car is exempt from seizure as it 100% doesn't belong to the OP.

 

It's not like he will even own it at the end of the contract?

[Bailiff Advice]

They received it on Monday morning, confirmed it was ok and sent it back to Ealing council. Yes I submitted the witness statement by e-mail.

 

Yes the lease company keeps the logbook. It's a personal contract hire so I pay £200 a month for 3 years and then hand the car back without ever owning it.

 

I called into Ealing council this morning and someone called me back this afternoon saying that I have two options. Leave the car clamped until the outcome of the appeal or pay up.

 

I need the car tomorrow so I think I'm left with no option but to pay.

 

Did you make payment?