Can bailiffs find out this

[Caz16]

.........I noticed on that TV program with bailiffs that they can in find out if there is HP on a car.

 

 

Can they also find out who owns a car by its number plate reg?

 

 

I have noticed on the same progam they don't seem to 'know' or be able to find out who actually owns cars they suspect are owned by the debtor,

 

 

they seem to make a pure specualtive assumption the debtor owns a car & clamp the car without formal confirmation it is owned by the debtor.......thanks

Edited April 6, 2017 by Caz16

[Mr.P]

It would be a fairly simple matter for a bailiff to request details of the registered keeper from DVLA. BUT the registered keeper may not be the same person as the legal owner (and there is a difference).

[dx100uk]

so whats this to do with

got a council PCN then?

tell us the story

 

 

dx

[ericsbrother]

the HPI check is easy, several companies provide this service to anyone who pays a small fee so you should always do this before buying a secondhand car from anyone other than a reputable dealer. The DVLA check for a private individual would have to be done through the post but many bailiff companies belong to a scheme where they can get the details electronically.

[Caz16]

many bailiff companies belong to a scheme where they can get the details electronically.

 

OK thanks,

I was (still am) curious as to why in the TV cases they seemed to need proof of ownership if someone other than the debtor says it is theirs & the debtor says its not his/hers,

 

 

at the end of the day if they took someone elses car they would be liable to a small claims court claim

 

Mr P wrote...."It would be a fairly simple matter for a bailiff to request details of the registered keeper from DVLA."

 

Well is there any reason you're aware of why in that TV program they have never been seen (by me) to do that,

yet every time they are threatening to to take one they always do a phone call check to see if its owned the a finance company.

 

As regards DVLA giving details to a bailiff,

MrP, that confounds me as well for the simple reason bailiffs are dealing with a civil law matter,

I would have thought DVLA would only divulge anything if criminal law was involved

[dx100uk]

the DVLA give out 10'000's of registered keeper details everyday to the private parking companies

(opps said owner..dx]

[Jamberson]

DVLA do not hold owner details. To my knowledge there's no such register in existence.

 

What you do is register yourself as the keeper - you may or may not own the car - no-one knows. When a PCN is issued, the Council can apply for keeper details and are legally entitled to hold the person they reasonably assume to be the owner, liable for the charge. By default, that's the registered keeper.

 

The keeper then has an opportunity to absolve themselves by demonstrating that they do not own the car. If they don't, then they remain liable for the PCN and associated charges. The council gives the vehicle details to the bailiff - the bailiff does not apply to DVLA again.

 

By the time bailiffs come around, it's still assumed that the keeper is also the owner. If bailiffs clamp a car, and you as the debtor don't own it, show them proof and they have to release it. They would still come after you to seize other property though, as the debt is with you.

 

So yes, if you let them remove the car without proving ownership, and it turned out to belong to someone else, you could sue them. And the judge would then want to know all the background, why the debt wasn't defended at the time, why you didn't show the council or bailiff the evidence you're about to present to the court, and so on. You're unlikely to get anything out of it to compensate for your inconvenience in losing use of the car. It's very rare things go that far, as it helps nobody to allow it to progress that way.

[Mr.P]

I would have thought DVLA would only divulge anything if criminal law was involved

 

Anyone can apply to the DVLA for details of the registered keeper of a vehicle. You only need to show reasonable cause for requesting the information, and it does not need to involve criminal law.

 

See: https://www.gov.uk/request-information-from-dvla

[Caz16]

looking at the replies so far I think I might not have written giving a clear understanding of what I mean & the replies seem to have mind that I am referring to a car which has some outstanding PCN unpaid tickets, if so thats not the case or what I meant.

 

I was thinking specifically of that program 'Cant Pay Take it Away'

- so from that, they are baliffs or high court enforcement,

 

 

I have seen many many times them asking people if they own this & that car to take it away & to auction to cover any debt.

 

 

I have only ever seen them finding out via a third party if a car is on HP & not once have I seen them actually get the name of the keeper from any source.

 

Looking at the gov link (thanks) Bailiffs after a debt are not included in some of the 'named' person types who may have reasonable cause, the sort of reasons they might which are listed are fall well outside 'civil law debt', plus, they have to write in to DVLA not just make a call,

 

 

anyone can apply but that cannot equate that with any baliff can find out who owns any car,

eg I might be visiting a friend, park my car in the driveway & the bailiffs think they can clamp it without establishing who the keeper/owner is, I/anyone, is allowed to use 'reasonable' force to protect my property ...

 

 

...any comments

Edited April 8, 2017 by Caz16

[Caz16]

Jamberson

If bailiffs clamp a car, and you as the debtor don't own it, show them proof and they have to release it.

 

Caz

Yes it's that type of incident I have my mind, now, there is no way possible to prove I/you/the baliff/anyone does 'not own' anything, if you dont own something the person cannot show anything, so, surely a baliff or high court enforcement surely must have obtain evidence somehow, the are not issued with warrants or high court writs to collect anybody elses property & to do that they would have to have 'reasonable' evidence any goods belonged to the debtor, good heavens, if my next door neighbour owes money then high court enforcement come along & can clamp any non involved neighbours car because it was parked in the street on a residents parking space outside the debtors residence >an everyday occurance

 

The enforcement guys behaviour in that Cant Pay Take It Away program gives the impression that they can come along, point to any car in the street but close to the debtors property,. clamp it & take it away >quite legally

[Jamberson]

First of all, I would caution against drawing any conclusions from TV shows. It's just entertainment.

 

Regarding the clamping of a car, no-one in their right mind would assume that a given car, which is not registered to the debtor, and has no connection to him/her, would be his or her personal property just because of where it is parked. That would not be reasonable grounds.

 

However if the debtor is the RK, that is reasonable. If it's not correct, the debtor would need to show that - eg paperwork from the employer if it's owned by the company, or purchase proof from the actual owner, along with a convicing explanation of why the debtor is the RK of someone else's car.

 

If your car was at risk over a debt which is nothing to do with you, which is very unlikely, you would only need to tell the bailiffs, show them your V5 and they would have no grounds whatsoever to keep it clamped.

[Caz16]

I would caution against drawing any conclusions from TV shows. It's just entertainment.

 

Regarding the clamping of a car, no-one in their right mind would assume that a given car, which is not registered to the debtor, and has no connection to him/her, would be his or her personal property just because of where it is parked. That would not be reasonable grounds.

 

Yes your right, I know that TV show is entertainment, but, it has the by product of having some educational value & in any case that program is a bailliff/high court bias that must be the deal by the agencies involved.

 

Anyway, I might have a precedent of my own this year, I cant be the only one...........lol that will make the covert bailliffs etc on here put their probe clothes on:lol: