Bailiff clamped car

[Paddywhack]

Please help a bailiff clamped my car and the cars in finance and he refuses to remove clamp please help

[ploddertom]

What type of debt is he chasing?
What type of Finance is it?

[Paddywhack]

Hi thanks for reply
I forgot to pay the charge for using Dartford bridge. And the fine was sent to Toyota finance. So I never heard about it until this morning.
The finance is with Toyota finance.
The bailiff told Toyota that he's leaving the clamp on until I pay . he not taking car he's just being awkward

[ploddertom]

Hi thanks for reply
I forgot to pay the charge for using Dartford bridge. And the fine was sent to Toyota finance. So I never heard about it until this morning.
The finance is with Toyota finance.
The bailiff told Toyota that he's leaving the clamp on until I pay . he not taking car he's just being awkward

Is your contract with Toyota for a Personal Lease. If so the the vehicle belongs to Toyota and you could inform them of the actions taken. The downside is that Toyota could tell you you have broken the terms of your agreement and take the vehicle back. As they forwarded your details on have Toyota also charged you an "Admin Fee"?

Have you provided proof of the finance to the Bailiff? Have you spoken to the company he works for to advise them the vehicle is on finance? The chances are that yes he has immobilised the vehicle until you pay - do you have a reason why it was not paid?

[Paddywhack]

Hi again. All off what u said we have done. The company is marston. Toyota rang the bailiff and he just hung up. He won't answer his phone until we've paid. But we have phone the people at the Dartford bridge and they accept there's been a cock up but the people we had to talk to shut at 5. And there going to sort things out. But the bailiff won't have it won't answer phone until we pay him. He won't give us a email so we can send documents to prove this .Ive lost out on 2 days work now. He's using clamp so we pay he's even said he can't take car himself

[ploddertom]

Dart Charge Out of Time witness statement (TE7 and TE9)


If you have received a telephone call, a text message, letter or personal visit from a bailiff representing Marston Holdings Ltd, Equita or JBW Judicial Service Group in relation to an unpaid Dart Charge that you had not known about (usually because all notices had been sent to a previous address) then all bailiff enforcement will be placed on hold when an Out of Time witness statement is submitted.

The above is taken from an external website and should be something you need to do.

[Paddywhack]

Thank you

[Milo]

Hi thanks for reply
I forgot to pay the charge for using Dartford bridge. And the fine was sent to Toyota finance. So I never heard about it until this morning.
The finance is with Toyota finance.
The bailiff told Toyota that he's leaving the clamp on until I pay . he not taking car he's just being awkward

I appreciate that this query was a few days ago but my response may assist others who may view the forum with a similar enquiry.

The reason why the Dart Charge Penalty notices had been sent to Toyota is because they hold the V5C and have recorded their name as 'keeper'.

What is supposed to happen is this. When Toyota (or any finance company) receive a Penalty Charge Notice (from Dart Charge or another other local authority etc), they are supposed to respond to Dart Charge to request that liability for the charge be TRANSFERRED to the hirer or person holding the lease. They are required to provide the name and address of that person.

Where problems arise, (and I receive endless enquires on this point) is that the address that the finance company provide is very often the PREVIOUS address for that person (or company).

If it is the case that you had moved address and had advised Toyota, then they should be held responsible.

Despite who is at fault, the law provides that if a motorist had not received any previous correspondence (usually because he had moved address) then an Out of Time witness statement should be submitted to the Traffic Enforcement Centre.