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Bailiffs took my car...PLEASE HELP!!


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Hi everyone, found this forum so thought to request if anyone with more knowledge about bailiffs can help me out here please...

Basically i am in the middle of disputing a parking fine with local council and waiting for an appeal hearing date from county court but bailiffs acting on behalf of council has towed away my car 4:30am in the morning whilst everyone was asleep and not able to stop them. They now saying they will sell my car in auction with few days and i am running out of time.

My car is also used for my disable brother who needs 24/7 mobility but bailiffs wont take that in consideration to return the car even though i told them i'm also waiting for courts decision. The council wont help either & saying to deal with the bailiffs myself and i am totally stuck so can someone please help and advise as to what i can do to get the car back...PLEASE HELP!! :(

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Firstly I would call the council that you have the parking fine with and let them know. I dont know the answer straight away but I am almost positive that they have acted incorrectly especially if it is due to go to court that I thnk should suspend any action against you -

 

SFx

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first of all thanks for your post. I did speak to the managers in council but they wont do much and saying they cant help and dont have any influence to release the car and i need to take it up with bailiffs...!! :(

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Guest Herbie

Another example of a local authority keeping their hands firmly behind their backs.....they should accept responsibility.

 

IMMEDAITELY telephone the Traffic Enforcement Centre at Northampton. Their telephone number is: 0845 704 5007

 

Explain the situation to them, they can advise today if you should file an "out of time" Statutory Declaration.If so, this can be e-mailed to you.You will need to arrange to have it sworn which could be a problem today....you may have to wait until next Tuesday. Try to ring ASAP.

 

Good Luck, and let us all know how you get on.

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Thanks for the post Herbie. I also have done the statutory form and the appeal form which is why i am waiting for the court hearing date and also asked Northampton Enforcement people but they said they dont get involved in this type of case so this is not helping either....not having much luck and seems like i will have to pay bailiffs which i didnt wanna do cos i dont know if i'll get my money back if the case goes in my favour. well thanks for advice and i'll keep you updated....

send more advice & suggestions please!!!

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  • 2 weeks later...

Again, the account was in dispute. The OP is contesting the decision. Again, the bailiffs have jumped the gun, and they are going to pay for it in the end when the OP gets her car back.

 

You also advocate taking a vehicle which is needed by a disabled person? Yes, that does nothing to dispel the stereotype of bailiffs whatsoever..not really surprised by your callous attitude though.

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Click the scales if I've been useful! :)

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The council's line that they can't do anything about the bailiffs is utter tosh, by the way. The bailiffs are the agents of the council; the council is responsible for their actions. You need to get down in person to the council yourself with all documents relating to both the seizure and the appeal. Make a noise until you're seen and remind them that they cannot collect on an account that has been disputed until the dispute has been resolved. Remind them also that they are responsible for the bailiffs' actions and that they will be named as co-defendant in any action that you may need to take if this is not resolved quickly.

-----

Click the scales if I've been useful! :)

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The car belongs to the sister of a disabled person. So do many others, because you may have a disabled second cousins wife it doesn't mean a thing, but again people are disputing fines when the bailiffs come! odd that.

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bennyg13 you have inferred something there that is not in the OP's explanation of events, i.e. that the OP only disputed the fine once the bailiffs became involved. Please be careful when judging a situation when you do not yet have all the necessary facts.

 

The fact that the bailiffs have taken the car before the final appeal is both morally wrong and, in my opinion, unlawful. If the OP is to be found innocent in all of this then they will still have lost the use of the car through no fault of their own.

 

The need to use the car for a disabled person may not affect the legal position but it affects the moral position. If the parking case is won then I would be writing a nice long story for the local press and the local MP to ensure this doesn't happen again.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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To give bennyg13 the respect due to him, his job isn't to be kind to people, but to collect on accounts passed to him. Also, he has almost been technically correct in what he has said (so far).

 

However, he does seem to be getting a lot of people upset. He's a bailiff and clearly not posting in order to give advice. Fair enough, that's his choice. Fellow CAGers, perhaps it's time not to rise to the bait and if you disagree with this person's posts - ignore them. Unless they need to be referred to a MOD because of the usual reasons, my advice is to do what I do with my kids when they're trying to wind me up and attention seek - IGNORE THEM.

 

I must admit, i've actually been laughing myself silly at his posts - and I bet he has at the replies. Unless it's a technical point which is worth debating, I'm simply going to converse with those who have something relevant to say. i would suggest you all do the same.

 

Smile - it's a sunny day :)

 

Tigs xxx

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 3 months later...

Hi all,

Im new here and so far have learnt loads of interesting stuff,

I am a courier and i sometimes get the odd parking ticket. these are usually anulled once i prove that i was doing a legitimate delivery.......i am now in the situation where i followed all of the usual procedures and chased everything ,but just been ignored.....I have had possession notices stuck all over my van while parked outside my house,and the same stuff shoved through my letterbox.....i have been threatened with arrest ifi move the van.......so i have moved the van......can a baillif just walk onto my drive and take possesion of my work vehicle ??????

Any help will be greatly appreciated..

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saf786

Your thread was hijacked a couple of times and your story has got lost... I for one would like to know how things are transpiring and look forward to an update from you.

 

You might like to look at my threads in this section for a longer term view - you can beat these people.

 

First, the bailiffs can only execute a court warrant. How can there be a court warrant if you're still waiting for a court date?

 

Second, they are supposed to write to you first, letting you know the case is with them and asking you to settle.

 

Third, they need to be certificated by a court, and to show you their licence on request. They also need to put their licence number on any documentation, but this might only be if they're members of ACEA (see that website) which regulates bailiff companies.

 

Fourth, I know from experience that the parking enforcement managers can instruct the bailiffs to back off and can deal with you over the debt.

 

If you have complained to the council in writing, and got no joy, you can contact the local government ombudsman (lgo.org.uk, I think). I was also writing to the bailiffs asking for precise breakdowns of their costs, and calling all parties to have conversations about how this all works.

 

Not all councils will be the same, and there are a variety of bailiff companies, fortunately I was able to do business with both agencies involved in my case but I have read posts here about some that are no better than criminals.

It sounds like this lot stole your car, by the way. I would have phoned the police immediately.

good Luck! Come back to us! :-)

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You MUST read the Watcher's thread in this bailiffs section "Police getting clued up at last?" It gives you the law about how bailiffs must conduct themselves and what your rights are. All police regions should issue similar guidance.

Happy reading!:-)

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  • 1 year later...

hello everyone !!!!!!This im pleased to say....I am one of the hunted!!!I have a company [bristow sutor] theres a surprise i hear you say !!! after me,For a bill the tenent left me! in 1999 I thought id cleared the matter up 6 years ago [they lost or have memorie of it] funny that. now there at my door again!!! Ihave actually just been FORCE into bankruptcy for this very bill [NOT MINE] the women knoking at the door yesterday told me it dosent count ,when phoning insolvency co this morning the lady said it does make things difficalt and to keep windows and doors locked and dont let them in and to phone council? have i not just gone bankrupt for this very reason as i have no money no job no privercy no rights!!! but i have to laugh the women ways tryin her hardest to come in AND STILL I SAID NO!!!when i told her politly to go away she comes back 10 mins later with seizer notice for my lanlords van saying neighbours think its my van. Umm i dont drive u silly women no license. IM BEING JUST AS IGNORANT AS IVE BEEN TREATED NOW... i will not be bullied by any organisation!!!!! THANK YOU FOR YOUR TIME!!!!!!!Oh and sorry to all my neighbours who now know im bankrupt dont worrie my landlord served me notice

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