Levy Charges on car that is not mine

[themoogster]

Hope someone can help me. Can I be charged a levy on a car that is not mine.

I was visited by Bailiffs on 05/10/09 regarding a unpaid council tax bill. No one was at home so they posted a 'Notice of Distress' form through my letter box, the form stated that a levy for a car (make, model and registration stated) will be seized if the bill is not paid within 5 days. The cars does not belong to me it was parked on the opposite side of the road and belongs to a neighbour.

I wrote to the bailiffs asking them to remove the charges (£210.50) as I thought it was unlawful therefore invalid.

On the 2nd November I recieved a letter please see attached. Can they do this? In my letter to them I clearly stated that the car is not mine and if they do a DVLA check they would it is not registered to my address.

[Amy]

Re: Levy Charges on car that is not mine

A Notice of Distress posted through your letter box is invalid. In your letter did you tell the bailiff the vehicle was not yours?

Have you received any previous visits from the bailiffs? They are allowed to charge a levy, but only when two previous visits (on separate days) have taken place and they certainly cannot levy on a vehicle that does not belong to the debtor.

Do you know the total amount of fees added to this account by the bailiff? If not, I suggest you send the Subject Access Request to the bailiff in this link Bailiff Guide - Legal Beagles

[themoogster]

Re: Levy Charges on car that is not mine

I have never met anyone from this company previously. The notice of Distress is dated 5/10/09 but the letter has been signed 10/10/09. In addition a 'take formal notice' was posted with the Distress Notice, this too is dated 05/10/09. When I first saw these letters I phoned them to tell them the car was not mine but a neighbour's and was told the bailiff had the right to levy a charge on a vehicle that is close to my property regardless if it mine because they would check with DVLA for ownership. I then wrote to them and they responded with the letter I attached.

They have broken down the cost as you can see they have charged me for 2 visits but they have only come once.

Visit fee 1: 24.50
Visit fee 2: 18.00
Levy Fees: 63.00
Enforcement fee: 105.00

[Guest]

Re: Levy Charges on car that is not mine

What utter tripe! What would happen if you lived next door to Maranello Concessionaires, would the bailiffs just go nuts and levy on five million pounds worth of cars?

In short, they are lying to you, which is what bailiffs do best. They cannot enforce a levy for distress, much less charge for it when that levy was irregular in the first place.

Their breakdown of charges is inadequate. Send them a Subject Access Request based on the document at this link Bailiff - SAR - Legal Beagles paying particular attention to the 13 point list, but you will need to adapt it for your own circumstances.

[tomtubby]

Re: Levy Charges on car that is not mine

Hope someone can help me. Can I be charged a levy on a car that is not mine.

I was visited by Bailiffs on 05/10/09 regarding a unpaid council tax bill. No one was at home so they posted a 'Notice of Distress' form through my letter box, the form stated that a levy for a car (make, model and registration stated) will be seized if the bill is not paid within 5 days. The cars does not belong to me it was parked on the opposite side of the road and belongs to a neighbour.

I wrote to the bailiffs asking them to remove the charges (£210.50) as I thought it was unlawful therefore invalid.

On the 2nd November I recieved a letter please see attached. Can they do this? In my letter to them I clearly stated that the car is not mine and if they do a DVLA check they would it is not registered to my address.

The matter of bailiffs levying upon a vehicle that is owned by the debtor is becoming so very common and sadly, most complaints that we receive appear to be from this same company.

HOWEVER.....having seen MANY responses for identical situations, I am shocked at this particular letter because other responses from this confirm confirm that if a DVLA search reveals that the vehicle is NOT owned by you the company will immediately REMOVE the levy and ALL ASSOCIATED CHARGES !!!

I am aware as well that a number of local authorities have started receiving complaints from debtors about this practice and I am aware of 2 debtors who have made complaints to the Local Government Ombudsman.

As a matter of urgency I would strongly suggest that a letter of complaint is addressed to the Chief Executive of the local authority as they are wholly responsible for the levy and charges made by their agents and you need to mark the letter FORMAL COMPLAINT. A copy should also be sent to Newlyn Plc.

If the bailif has seized a vehicle, he must leave a Notice of Seizure of Goods & Inventory. What was provided?

Also did the bailiff leave his name?
.
Bailiff Advice Online.

[themoogster]

Re: Levy Charges on car that is not mine

First of all I would like to thank you all for the advice you have given me. It has been a very stressful time as you can imagine. I am trying to pay direct to the council to bypass these thieves.

The bailiff did not leave his name the 'notice of distress' has a signature but no name on it.

I will send a letter to the council and will keep you all posted.