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this is following on from my congestion charge thread.

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/111059-congestion-charge-nightmare-800-a.html

 

question - if i can prove the car is used for work can i force the bailiff to unclamp it - see my congestion charge thread for why i am contesting the charge.

 

i understand balifs are not allowed to seize anything that is work related ie tools van etc. - hence my query.

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this is following on from my congestion charge thread.

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/111059-congestion-charge-nightmare-800-a.html

 

question - if i can prove the car is used for work can i force the bailiff to unclamp it - see my congestion charge thread for why i am contesting the charge.

 

i understand balifs are not allowed to seize anything that is work related ie tools van etc. - hence my query.

 

It would depend ... when you say "used for work" - what exactly do you mean?

If you mean simply getting to work, then they can argue that it is not essential and there are plenty of other ways (public transport etc).

However, if you are a self-employed ice-cream vendor then no, they would not be allowed to take your ice cream van !

 

Sorry if this is not what you wanted to hear. More info please ......

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i run a car valeting business so i need the car to get me and gear to each location. it's an estate car so i guess they assume it's a private vehicle. car is registered as private but i can easily draft a letter on company letterhead declaring it necessary for our business.

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but surely that would apply to any works vehicle eg vans/trucks etc.?

 

That's the "thin line" that bailiffs work on.

Is it "essential" for your employment, or merely "inconvenient" if you don't have it?

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The regulations that you have provided here although helpful are NOT applicable in this case.

 

This regulation applies to Magistrate Court FINES only.

 

This particular vehicle has been clamped as a result of an unpaid Congestion Charge issued by Transport for London. Different regulations altogether.

 

The very first thing to do is to check if the bailiff was certificated as if not, then the vehicle must be returned.

 

Also, and this is important, you need to check if the congestion charge notice was valid . This is because of the landmark ruling in the High Court on the point of all tickets having the two dates on them. The date of issue AND the date of contravention. You need to find your original ticket ASAP.

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thanks for all the help people - what a relief to find this website!

 

i have no records of the charges etc. - i do know that i did travel in the zone at the time and i did respond to the pcns. i have no problem that they rejected my plea (this revolved around the fact that i was moving house right at the time the charge came in making it nigh on impossible to register and pay for the annual charge on the car) - what is totally unbelievable to me is that even though i had registered my car at the new address less than a week after the contraventions took place and paid for the annual charge at my new address and had updated dvla's records, changed my address on the electoral register etc. etc. etc. they sent their rejection to my plea plus all the summons etc. to my old address which i had long since left (they say it's against data protection act to look up my new address - that sounds somewhat like smoke and mirrors since anyone can look up my address in the phone book!) so the first i knew that a) my pleas had been rejected and b) the fines with bailiff charges had risen to an eyewatering £856 was when the bailiff clamped the car.

 

i did ask how the bailiff knew where my car was because if he had looked up my address that makes tfl look incompetent at best and downright liars at worst. he claims that a numberplate recognition van picked up my car at random. gonna ask him to knock on my door when he comes to remove my clamp - will be interesting to see if he does!!

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