Bailffs seized parents car i paid for

[P18urk]

Hi,
My dad hasnt paid his council tax this year and he has ignored the previous letters from the bailiffs (stanford and green).
They came round on monday and seized my dads car and my mums car.
Despite jumping through all the hoops to show my mum is the registered keeper of her car. They have said as they are married my dad owns 50% of my mums car so have refused to give it back.

My problem and why im posting is i paid for my dads car and he is supposed to pay me back when he sells the house. So i believe that technically im the owner, as i have the bank transfer to prove it. They havent returned my calls or responded to my emails requesting the car back.
What should i do, report it stolen to the police ?

Thanks in advance
Paul

[2222]

It's not stolen. You could get into trouble if you report it stolen.

You just said it's your parents' car, so you know it's not yours. Are you saying you have a lien over it? How is that documented?

[ostell]

Do you have the documents that show it was sold to you?

[ploddertom]

The correct way to deal with this is to submit a Part 85 Claim see:

https://www.justice.gov.uk/courts/pr...executed-goods
https://thesheriffsoffice.com/articl...on-cpr-part-85 - although for HCEO the principles are still the same

[P18urk]

I dont have any documents other than the bank transfer which shows the previous owners name and the transfer date which is same as the date the v5 was signed for. My dad is the registered keeper.
I thought bailiffs werent allowed to take a car if its owned by another person.
For my mums car the asked for a copy her proof of purchase. They wouldnt accept the v5 or insurance certifice as proof of ownership.

I will have a read through part 85

Thank you

[ploddertom]

I never said it was easy and proof of ownership never relies on the V5. The issue is worse as here because it is family involved. However providing the sale was well before the Liability Order being issued and there is a trail to follow then it should make it a bit easier to do. Was the car advertised somewhere. Do you still have the advert. Can it be shown that tax & insurance was bought on the day of sale.

[ostell]

If you look at a V5 it does say that it it not proof of ownership. So if you have a document that shows that you bought the car, ie a receipt fo the car with your name on it, then make sure the bailiffs see it. Same with your mums car, find a sales receupt with her name on it. V5 means diddly squat.

That is a bit of a porky pie about 50% ownership 'cause they are married.

[P18urk]

I dont have a receipt but im sure i can contact the previous owner to get something.
I only have a dead link to the autotrader advert for the sale of the car. Im 99% sure i paid for the car tax so will check my bank statement later.
I have location enabled on my phone so have a photo of the car with date and time of 20.06.2018 when it was purchased and bank transfer made.

My mum purchased her car 15yrs ago so doesn't have any proof of purchase so we have given up on getting it back. She used it to drive my disabled nan around and despite showing the bailiff the blue badge he still took it.

[ploddertom]

Unfortunately I have to go out but will be back later. Who does the BB belong to?

[2222]

The fact that the OP paid for it does not really prove he retained ownership? He refers to it as Dad's car here. Sure, Dad owes him the money he paid. At least, that's what the bailiffs will say.

What might help is the insurance policy. If the car is indeed owned by the OP but insured by Dad, he should have told the insurance company that.

[P18urk]

I was basing ownership on the comment made by the bailiff about requesting a proof of purchase and this paragraph I found in a google search.
“The person who is responsible for the vehicle in terms of official communications from the police and the DVLA is known as the registered keeper, but the owner is the person who has paid for the car or was given it as a present.”

The insurance will say my dad is the owner. We never knew the difference between an owner and registered keeper until now. I always thought they were one and the same.

The blue badge belongs to my nan. The car isn’t registered as a mobility car and the badge wasn’t in the car at the time they seized it.

[Wylderose]

Something to remember is that if your mum and dad live together (I assume that they do), then they will be Jointly and Severably liable for the council tax bill, so the council tax debt belongs to both of them . It is a joint debt

[ploddertom]

Let's leave the issue of ownership to one side for now.

How much was the Liability Order from the Council, was it just for the one year and did you get notification of the Hearing? As for the Bailiffs did you receive a Notice of Enforcement from them? If so when, how was it delivered, what date did they give you to comply by & did you actually contact them? What sort of value would you put on your mums car & what has actually happened to it? Have they given you a Taking Control of Goods Order? Do you know how much they have charged you in fees?

[P18urk]

Im not sure about all the paperwork received and timescales. I found lots of letters opened and unopened wirh different dates and amounts when i was looking for details on his car purchase..
Basically my dad has ignored all previous correspondence.

They gave us a taking control of goods order (£2010) on Monday. There are no bailiff fees shown. See picture.
My mums car was a T reg Honda CRV whith 120k on the clock so probably on worth few hundred at most. My dads car was a 2007 Chrysler 300C which was advertised at £3500 but we knocked him down to £2700 as the laquer was peeling so needs respraying.

[P18urk]

I thought this was a simple case of proving my dads car is owned by me and getting it back.

I dont want to waste anyones time here so here is the full history.

My mum was attacked whilst walking the dog around 25 years ago. My dad started researching carrying a weapon for self defence. He discovered the Bill of Rights and had a case in the high court in 1998 where the judge agreed the bill of rights gave you the right to carry a weapon but said it was repealed.
To this day he stays up until early hours reading hansards and other law books and nowhere can he find where it was repealed.
During his research he now believes Council tax is illegal and Mortgages are illegal. He hasnt paid council tax for several years and similar time for his mortgage. My mum has now paid the mortgage with her pension money as shes 65 and doesnt want the stress.
Previous bailiffs have all been sent away with there tails between there legs.
On this occasion my dad has come unstuck. The bailiff was at the house from 12.30pm Monday in a stand off with my dad. I dont know what was said between them but when i arrived at 6pm on Monday i found 6 police officers on the drive way with my dad on the floor having been spayed in cs spray like lynx dedorant still being held by 4 police officers. My dad is 68 and isnt very big so this was excessive force. The police claim he breached the peace so restrained him by slamming him on the bonnet of the car and during the restraint they bent his arm to such an extent the pain was so much he pushed back which is when the cs spray was used. The arresting officer claims my dad tried to headbutt him. They charged him with alleged assault on a member of the services and released him 7am Tuesday morning.

With my dad out of the way there was nobody to fjght the case with the bailiff.