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Car towed for debt that isn’t mine

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  • Car towed for debt that isn’t mine

    I’ve owned my vehicle for three years. I’ve not been well this year and my friend needed a car so I agreed to lend it and changed the registered keeper to her. She got a parking ticket (typically parked outside my property as she was also giving me lifts) and has not paid it. A bailiff showed up and clamped the car just as I was going on the school run. I asked for an hour to get my receipts together and I would proof ownership. He said no and towed while I was out. I emailed the bailiff company within the hour with copies of receipts, my bank statement, insurance policy and id and they have only just replied asking me what is my relationship to the debtor and why is she the registered keeper. They’ve also said my insurance policy states I’m the registered keeper and can I explain why I’ve lied. I haven’t lied, the policy started while I was still the registered keeper. I have emailed back and said surely I have proved I’m the legal owner now and they need to return the vehicle or I would seek legal advice. Can anyone advise? They have had the vehicle for 9 days now.
    *I have just phoned them again and said I request my vehicle back now that I’ve supplied ownership proof. And I also said that it had taken them 8 days to reply to my claim and the bailiff told me that the car would be sold on day 14 so if it takes another 8 days would my car be sold? He said he would not answer and couldn’t help me then hung up.*
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  • #2
    Hi, sorry to hear about this. The bailiff really should have been able to help or provide more information to you.

    Firstly, if your car was going to be sold at auction the bailiff would have to give you at least 7 days notice of where and when this will happen, so you should still have time to address the issue. They would not sell it without notifying you. If they gave you less than 7 days notice of the sale they would no longer have grounds to make the sale.*

    If you have provided proof of ownership of the car, and you do not owe the outstanding debt, the bailiff should not have grounds to keep and especially not to sell your car.*

    It may be worth checking that the parking ticket is definitely issued to the registered keeper and not you as the owner of the car, as sometimes this can be the case. This may have caused some confusion. If this were the case you could explain/appeal that you were not driving the car at the time of the parking ticket.

    It is also worth talking directly with the creditor who hired the bailiffs and copying in the bailiffs on any communication.*

    Hope this helps.
    *
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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