• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Excel Civil Enforcement Clamped my car - please help!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Excel Civil Enforcement Clamped my car - please help!

    This morning I was at the top of my stairs and heard someone put something through my letterbox very quietly. I came down a step and my partner shouted that someone had put a piece of paper through saying they had clamped our car. The paperwork was a "Warning of Immobilisation" letter and a "Notice after entry or taking control of goods (on a highway) and inventory of goods taken into control". Neither of pieces of paper stated what the apparent debt was, just that we "have not paid the sum outstanding".

    My partner ran out of the house and confronted the man who had clamped the car. He was sat in a silver van outside our property. He stated that the debt was for a parking ticket, but could not produce any evidence of this. He requested that we immediately pay him £392.00 which we are not in the position to do. At this point, he approached our door and my partner stood outside with him, with myself just inside.

    I informed him that I was unaware of a parking ticket ever being issued, and he told me it was issued by Swansea Council in 2013. A slight bell rang but as I am disabled, my memory is very poor and I obviously had forgotten about this parking ticket. I moved house a month after it was supposedly issued and the documents regarding the ticket must have been sent there, rather than to my new address, meaning that things had been escalated to Excel Civil Enforcement.

    I have had dealings with bailiffs in the past and I am classed as vulnerable, so informed the bailiff of this. I also informed him that the car he had clamped was on hire purchase, and he should remove the clamp as the car did not belong to us. I also told him that I wished to see a breakdown of costs, as I could not see why a parking ticket would cost me almost £400 to pay. At this point, he became very aggressive and shouted at me on my doorstep, frightening my 6 year old son and myself. I explained again that I was disabled and I had medical conditions that are aggravated by confrontation, but he continued to shout and refused to listen.

    My partner went to his (different) car and got out my blue disabled badge which was still in there from when we had been shopping the night before. He showed it to the bailiff who became even more aggressive, saying that it wasn't acceptable because my partner had got it from a different car. We both tried to explain that a blue badge is registered to a person, not a vehicle but he refused to listen and started asking for insurance documents and proof of ownership for my partner's vehicle as well as my own, despite the debt being in my name and registered to my car.

    I called the police at this point, because he was so aggressive and would not remove the clamp. They weren't of much help but did tell him that the blue badge was valid and that the clamped vehicle was hire purchase.

    When the police left, I called Excel and told them I was classed as vulnerable. They said that my blue badge was not evidence of my disability (I don't know how it cannot be!) and that I need to obtain a Dr letter stating my conditions within 7 days. I have called my Dr and the nearest appointment is in 8 days. I informed Excel and they have said it MUST be within 7 days and they will return to clamp my car. The bailiff then very reluctantly removed the clamp after yet more abuse.

    I have since called the council to pay the ticket fee and they would not accept any payment. They said that the bailiff was nothing to do with them and if I have a concern, to take it up with Excel. Excel were not interested in my complaint. The council have advised me to fill out an out of time witness statement, which I have done and sent to the traffic enforcement people via email.

    I am terrified that they will return and re-clamp my car because I cannot get my medical letter within 7 days. I am also concerned about the monetary demands that Excel are making. On the notice of entry letter it says that the amount I owe to Swansea Council is £82. It then says there is a £75 charge for a "compliance stage fee". Apparently this could have been a letter but we have not received anything. Finally, there is a £235 charge for an "Enforcement Stage Fee", which seems extremely excessive. I also leaned in his van window and took a photo of his piece of paper, which has different charges on it to the one he put through our door!

    If the bailiff had knocked my door this morning and informed us of the debt properly, before clamping the car, no enforcement would have been necessary. He later claimed that he did knock, however my partner was in the kitchen making toast for our son, and was right next to the front door and at no point was it knocked.

    I would really appreciate some advice with regards to the bailiff charges, the unlawful clamping of the car, the bailiff proceeding despite being made aware of my vulnerability and the aggression he showed, as well as the 7 day lead time to obtain my medical records which I cannot reach.

    The bailiff's name was Iden Majeed.

    Many thanks in advance
    Tags: None

  • #2
    Re: Excel Civil Enforcement Clamped my car - please help!

    Ooh, he da big bad man!



    Keep the blue badge on the car to prevent him clamping it - in any case a HP car cannot be taken, so no worries there.

    File a stat dec with the council to say you had no notice of the fine, let the case be rewound, then pay the fine.

    Comment


    • #3
      Re: Excel Civil Enforcement Clamped my car - please help!

      Totally agree with you.

      No notice, car on HP, Blue badge - no brainer !

      Next step the Council as you say

      Comment


      • #4
        Re: Excel Civil Enforcement Clamped my car - please help!

        As you had moved address a month after the PCN had been issued then the correct procedure would be for you to file an Out of Time witness statement with the Traffic Enforcement Centre. As long as the forms are completed properly Swansea Council should accept the application and the Charge Certificate would be revoked and Swansea would then need to inform you whether or not they wish to enforce the Notice to Owner.

        If you require assistance with completeing the Out Of Time Application please let me know.

        From reading your post it would 'appear' that your case is being held for 7 days (am I correct)?

        Back to the Out of Time application.....did you update your address details with DVLA? I am assuming that you must have done so at some time hence the visit to your current address?

        Last point.....the new bailiff regulations are very specific indeed in that a vehicle will be considered 'exempt' from being taken into control in cases where the vehicle is DISPLAYING a Blue Badge. As the Blue Badge was in your husbands car at the tim eof the visit then sadly then bailiff could clamp your car.

        Comment


        • #5
          Re: Excel Civil Enforcement Clamped my car - please help!

          Originally posted by Milo View Post
          Last point.....the new bailiff regulations are very specific indeed in that a vehicle will be considered 'exempt' from being taken into control in cases where the vehicle is DISPLAYING a Blue Badge. As the Blue Badge was in your husbands car at the tim eof the visit then sadly then bailiff could clamp your car.
          The clamped car was on HP, so shouldn't have been clamped. I'd advise to keep the blue badge on the other car, then they'll both be exempt.

          Comment


          • #6
            Re: Excel Civil Enforcement Clamped my car - please help!

            For my own interest, how would the bailiff be expected to know when a car is on HP?

            Comment


            • #7
              Re: Excel Civil Enforcement Clamped my car - please help!

              Originally posted by stevemLS View Post
              For my own interest, how would the bailiff be expected to know when a car is on HP?
              HPI check?

              Comment


              • #8
                Re: Excel Civil Enforcement Clamped my car - please help!

                He doesn't. If the car were to be removed then it would be expected he take all precautions to check first - HPI. It is no good someone just saying it is on finance as proof of same needs supplying - copy of documents etc. Otherwise the vehicle could be subject to an Interpleader.

                Comment


                • #9
                  Re: Excel Civil Enforcement Clamped my car - please help!

                  I wondered about that after I had posted - would they be obliged to run an HPI check before they clamp?

                  Comment


                  • #10
                    Re: Excel Civil Enforcement Clamped my car - please help!

                    Originally posted by stevemLS View Post
                    I wondered about that after I had posted - would they be obliged to run an HPI check before they clamp?
                    No

                    PT

                    Comment


                    • #11
                      Re: Excel Civil Enforcement Clamped my car - please help!

                      Whetherthey legally have to check I don't know.
                      But if they don't they are foolish, as HPI checks also throw up if it is a motability vehicle, which is a "don't you dare touch me" notice.
                      I'm sure some of our EA experts can tell you more, and more accurately !

                      Comment


                      • #12
                        Re: Excel Civil Enforcement Clamped my car - please help!

                        Thank you everyone for your responses.

                        The car for some reason had not been updated with the DVLA. I thought it had as I've done my licence, tax and insurance but forgotten the car. I sent the logbook off last night and my partner's car had already been done. I'm not sure how they found me then, as the car was still registered at my old address.

                        I have filed the Out of Time application and hopefully that will have reached the council today. Yes, the bailiff firm said the case is being held for 7 days but the OOT form should delay it for longer according to the internet.

                        The bailiff was adamant that he could clamp a HP car, as were the police! The police said that even though the car is on HP, it belongs to me. I thought that the car belongs to the HP company.

                        Comment


                        • #13
                          Re: Excel Civil Enforcement Clamped my car - please help!

                          Originally posted by misc View Post
                          The bailiff was adamant that he could clamp a HP car, as were the police! The police said that even though the car is on HP, it belongs to me. I thought that the car belongs to the HP company.
                          My understanding is that a vehicle cannot be clamped if it is subject to a HP agreement ( http://www.legislation.gov.uk/ukpga/...2/paragraph/10 )

                          Comment


                          • #14
                            Re: Excel Civil Enforcement Clamped my car - please help!

                            Thanks to those who satisfied my curiosity [and apologies OP, didn't mean to divert your thread]

                            Comment

                            View our Terms and Conditions

                            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                            Working...
                            X