Jbw clamped car

[Anita5]

Hi need help jbw clamped car on driveway which is on finance it was clamped 30/52019 arrange to pay first fine of £393 to take clamp off and he said the other fine can pay on arrangement plan so I said ok I will pay him cash I said for him to come to mine yesterday he said he can’t because he is in the east coast and I am in Liverpool and he is the only one with key so I phoned his office up and they said I had to pay by back transfer and they would see when he can get back up to Liverpool any advice would be grateful.

[R0b]

Do you know what in what capacity JBW are acting?

Also you say the car is on finance, what kind of finance is it? If it's a hire purchase or PCP type agreement then the agent would have unlawfully clamped the car and you should be entitled to any compensation as a result of the loss of use e.g. having to use public transport or taxi etc. and JBW should come back to unclamp it.

[Anita5]

Hi need help jbw clamped car on driveway which is on finance it was clamped 30/52019 arrange to pay first fine of £393 to take clamp off and he said the other fine can pay on arrangement plan so I said ok I will pay him cash I said for him to come to mine yesterday he said he can’t because he is in the east coast and I am in Liverpool and he is the only one with key so I phoned his office up and they said I had to pay by back transfer and they would see when he can get back up to Liverpool any advice would be grateful.

Hi it’s penalty Charge County court i have told him this he said he is allowed to clamp it but not take it away thanks.

[R0b]

penalty Charge County court

The above could mean a number of things you need to be specific. Penalty charge from who, the council, private parking company, train company etc.

Still need an answer as to the status of the finance.

[Anita5]

The above could mean a number of things you need to be specific. Penalty charge from who, the council, private parking company, train company etc.

Still need an answer as to the status of the finance.

Sorry it’s 2 parking tickets from Liverpool City Council The car is on HP agreement thanks

[R0b]

If the agreement is on HP, the bailiff is wrong to have clamped the car as it doesn't belong to you, it belongs to finance company regardless of what JBW may have told you what they can and can't do, they will tell you anything to pay up.

Presumably JBW are acting as a County Court bailiff in relation to this action and by knowingly clamping the car (and presumably without verifying it being on finance) they have unlawfully detained goods not belonging to you. That should mean you can take legal action against the Council/JBW and ask the court to order the removal of the clamp and seek any damages as a result of any losses suffered.

I'm not familiar with the court process so I'll tag in ploddertom to explain that but I should think that the starting point is to write to the Council and send a copy to JBW explaining that the car is on finance and doesn't belong to you (sending a copy of the agreement) and had JBW actually carried out reasonable checks on the vehicle, it would have been apparent to them that it did not belong to you so they would have been negligent in that respect. If, however, they clamped it knowing that it was on finance, then I would say that is more serious because it was a deliberate act and should warrant aggravated if not punitive damages from the court to show their disapproval of JBW's actions.

Is there any reason why you failed to pay the penalty charges? You may be able to apply for a suspension of the warrant too and then try to negotiate repayment with the Council direct.

[Anita5]

If the agreement is on HP, the bailiff is wrong to have clamped the car as it doesn't belong to you, it belongs to finance company regardless of what JBW may have told you what they can and can't do, they will tell you anything to pay up.

Presumably JBW are acting as a County Court bailiff in relation to this action and by knowingly clamping the car (and presumably without verifying it being on finance) they have unlawfully detained goods not belonging to you. That should mean you can take legal action against the Council/JBW and ask the court to order the removal of the clamp and seek any damages as a result of any losses suffered.

I'm not familiar with the court process so I'll tag in ploddertom to explain that but I should think that the starting point is to write to the Council and send a copy to JBW explaining that the car is on finance and doesn't belong to you (sending a copy of the agreement) and had JBW actually carried out reasonable checks on the vehicle, it would have been apparent to them that it did not belong to you so they would have been negligent in that respect. If, however, they clamped it knowing that it was on finance, then I would say that is more serious because it was a deliberate act and should warrant aggravated if not punitive damages from the court to show their disapproval of JBW's actions.

Is there any reason why you failed to pay the penalty charges? You may be able to apply for a suspension of the warrant too and then try to negotiate repayment with the Council direct.

Thank you for your help is it the same if it’s on pcp