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Warrent of execution-Bailiff levy on my car!


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Hello,

 

in late december i returned to my parked car which was on a motorway service station which would be classed as a private car park. There was a parking ticket attatched to the windscreen from the private company CP Plus.

 

There were issues with the ticket such as only 1 date was on the ticket, the ticket did not have the traffic wardens signiture and the ticket didnt state the model or colour of the car just the make. So i didnt pay the ticket.

 

I have now just recieved a letter from TRETHOWANS solicitors asking me to pay the £80 parking ticket by april 10th or they will issue action against me. They then say "Once judgement has been obtained against you, i will issue a warrent of execution and ask for the bailiff to levy on your vehicle."

 

What do they mean by the the levy on my vehicle and can they do this legally. I thought that on private land that the person using the car was liable not the vehicle itself and they dont have any proof as to who was driving the vehicle.

 

Thanks in advance for any help or advice.

 

Lastly shall i just pay the ticket?

 

Also im thinking of selling the car soon, so would the new owner have any problems if i dont pay the ticket?

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Firstly, none of the issues you list apply to private tickets, which are an invoice rather than real parking tickets. They are designed to fool people exactly as they have done here.

 

Luckily, there is little to worry about. They cannot do anything until they have taken you to the county court and obtained a judgement, so it's just a (probably illegal) scare tactic. Inform the solicitors that the debt is in dispute, and that they must not send any similar letters. If they continue, report them for harrasment and breach of OFT regulations on debt collection.

 

There are no recent reports of people being taken to court for private 'tickets', which are widely regarded as a [problem]. The one historic case I am aware of is very unusual, so I really wouldn't worry.

 

If the ticket is genuinely misleading as to its official nature, also report it to the police as an attempt at deception, and under the Administration of Justice Act. This will require persevernce, but I recommend it.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Guest xipetotec46

Lastly shall i just pay the ticket?

 

Offer them a fiver for the parking, or let them take you to court... Zamzara is 100% correct in what he states... The term levy would normally be written as "levy distress on your goods and chattels", it means they can take your car, but they can't unless you lose at court which you won't even if you do go there.

 

Also im thinking of selling the car soon, so would the new owner have any problems if i dont pay the ticket?

 

In a word NO!!! other people cannot be held responsible for the actions off another person unless there was proven collusion, so the new owner is safe with your ex car.

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