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Bailiff Clamped my car for previous owners unpaid debt
Newlyn clamped my car because the previous owner of the car which we live at the same address owe a small debt of less than £200 to Newlyn, I'm the new owner since last year July i spoke to the bailiff and he said to send the proof to their claims department which i did and this is the response I get. Could anybody please advise? shall I take the matter with the creditor?
the car is currently on my driveway.
Thank you, everyone.
Below is the automated response from Newlyn
Parking Manager Responded :
Please only respond directly to this email on all future communication. This is an automated response. Please ensure that you read this email in its entirety carefully and seek independent legal advice if any part is unclear to you.
By contacting this email address you are attempting to make a claim on controlled goods in accordance with CPR 85.4(1). Under this legislation there is a limited time period of seven days from the date the goods have been taken into control, for a claim on those goods to be made. If your email has been received within seven days your claim will be treated as one being made pursuant to CPR 85, however if you are outside of this time you have no legal right to make any claim of ownership on goods which have been taken into control.
In exceptional circumstances Newlyn PLC will investigate a claim on controlled goods after the seven days has expired. If you are making a claim after seven days, please include with your response an explanation why you believe your case to be an exceptional one and should therefore be investigated after the prescribed time and pursuant to CPR 85.
Under Paragraphs 4 and 5 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 the property belonging to a named debtor becomes bound to them. This prevents them from being able to sell or dispose of any of their belongings once a Warrant of Control is issued. If your claim is one of ownership of the controlled goods, after the date the Warrant was issued, we suggest your remedy is to seek recompense from the person you allege to have obtained the goods from, the named debtor.
If your claim is being made pursuant to CPR 85, within seven days or in exceptional circumstances, must provide the following information in order for an investigation to be carried out:
1. Your Full Name
2. Your full address
3. Contact telephone number
4. Your valid email address
5. Photographic ID
6. A description of the goods on which you are making a claim
7. The grounds on which the claim of ownership is being made
8. If your claim is being made after seven days from the date the goods were taken into control, an explanation why your claim should be considered as an exceptional case
If the goods of which you are making a claim upon is a vehicle, the following must also be provided, or in the absence of these documents, a clear and coherent explanation as to why they are not available. All of these documents must be dated or processed prior to the date the vehicle was taken into control.
1. A copy of the V5 Log book issued by the DVLA.
2. A copy of a valid Insurance Certificate for the vehicle which must be purchased on the date of purchase.
a. If you are in possession of motor traders insurance, the MID list showing the vehicle was added to the policy must also be provided
b. In the absence of a valid insurance certificate a DVLA SORN confirmation is required
3. Evidence of the Road Fund Licence which must be obtained on the date of purchase.
4. A valid receipt for the purchase
5. Evidence of the flow of money used for the purchase of the vehicle, for example a bank statement
6. Evidence of how the vehicle was obtained, for example a copy of the advertisement
In accordance with CPR 85, Newlyn PLC has three working days to make enquiries with our instructing Creditor who then have seven working days to respond. Newlyn PLC will then issue you a response within a further three working days with the outcome of our investigation, either confirming the vehicle is released from control, or disputing your claim on the controlled goods.
the car is currently on my driveway.
Thank you, everyone.
Below is the automated response from Newlyn
Parking Manager Responded :
Please only respond directly to this email on all future communication. This is an automated response. Please ensure that you read this email in its entirety carefully and seek independent legal advice if any part is unclear to you.
By contacting this email address you are attempting to make a claim on controlled goods in accordance with CPR 85.4(1). Under this legislation there is a limited time period of seven days from the date the goods have been taken into control, for a claim on those goods to be made. If your email has been received within seven days your claim will be treated as one being made pursuant to CPR 85, however if you are outside of this time you have no legal right to make any claim of ownership on goods which have been taken into control.
In exceptional circumstances Newlyn PLC will investigate a claim on controlled goods after the seven days has expired. If you are making a claim after seven days, please include with your response an explanation why you believe your case to be an exceptional one and should therefore be investigated after the prescribed time and pursuant to CPR 85.
Under Paragraphs 4 and 5 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 the property belonging to a named debtor becomes bound to them. This prevents them from being able to sell or dispose of any of their belongings once a Warrant of Control is issued. If your claim is one of ownership of the controlled goods, after the date the Warrant was issued, we suggest your remedy is to seek recompense from the person you allege to have obtained the goods from, the named debtor.
If your claim is being made pursuant to CPR 85, within seven days or in exceptional circumstances, must provide the following information in order for an investigation to be carried out:
1. Your Full Name
2. Your full address
3. Contact telephone number
4. Your valid email address
5. Photographic ID
6. A description of the goods on which you are making a claim
7. The grounds on which the claim of ownership is being made
8. If your claim is being made after seven days from the date the goods were taken into control, an explanation why your claim should be considered as an exceptional case
If the goods of which you are making a claim upon is a vehicle, the following must also be provided, or in the absence of these documents, a clear and coherent explanation as to why they are not available. All of these documents must be dated or processed prior to the date the vehicle was taken into control.
1. A copy of the V5 Log book issued by the DVLA.
2. A copy of a valid Insurance Certificate for the vehicle which must be purchased on the date of purchase.
a. If you are in possession of motor traders insurance, the MID list showing the vehicle was added to the policy must also be provided
b. In the absence of a valid insurance certificate a DVLA SORN confirmation is required
3. Evidence of the Road Fund Licence which must be obtained on the date of purchase.
4. A valid receipt for the purchase
5. Evidence of the flow of money used for the purchase of the vehicle, for example a bank statement
6. Evidence of how the vehicle was obtained, for example a copy of the advertisement
In accordance with CPR 85, Newlyn PLC has three working days to make enquiries with our instructing Creditor who then have seven working days to respond. Newlyn PLC will then issue you a response within a further three working days with the outcome of our investigation, either confirming the vehicle is released from control, or disputing your claim on the controlled goods.
