JBW took Disabled drivers car

[hasana]

Hi
I am a little stuck on the legalities of this situation. JBW took my car with my equipment and disabled badges inside. I have asked for them over the past 7 weeks and althought they say they will get the baliff responsible ( a mr jarvis) to get the keys and give back the equipment whole they sort the case of the missing fine. This has not happened. Endless calls to them have yeilded nothing. The case is on hold as i was advisd to send an out of time stat dec as i was not even in the car at the time of the offence nor have i recieved the notices as i have long moved from the address.
Anyway my query is. Can they legaly keep the possessions in the car. I am unable to get my brother to physio or hospital without waiting for an ambulance as i cant park anywhere in anyone elses car without the disabled badge. As the car is worth a whole lot more than the parking fine, what value do they have in refusing to give me back the possessions within the vehicle.

[Amy]

Re: JBW took Disabled drivers car

They should not even have seized a vehicle belonging to a Blue Badge Holder. The Blue Badge Holder is classed as 'vulnerable'.

You need to write a letter of complaint to the bailiff and the local council.

What are JBW chasing you for?

[orc]

Re: JBW took Disabled drivers car

Having read your post, I see the bailiffs are chasing you for parking fine(s), which answers Amy's question to you.

Trying to help you here as this is despicable action by bailiffs. (Hope it is sorted very quickly)


Was the badge on display?

Is it a motability car? or

Is the taxation class of the car disabled ie registered at DVLA for disabled persons use? (People caring for someone on DLA, for which they have the blue badge, can apply for lower disabled taxation. ) BTW consider applying for lower/ nil taxation if not done so already- will save money and identifies the cars use to police/ ticket fine issuers etc.

Motability- Bailiff can't clamp or remove vehicle as you don't own it, plus its for the use of registered disabled. Thats a condition of motability- thats its only used for registered disabled.

If its not motability, they could clamp/ remove vehicle, but have to have regard to following:

http://www.dca.gov.uk/enforcement/agents02.htm#part10

Those who might be considered vulnerable include the following:
the elderly;
people with a disability
the seriously ill
the recently bereaved
single parent families
pregnant women
unemployed people

Register complaint, referring to above.

If you have disabled taxation, refer to the fact they should have checked that before clamping.

If the fines relate to Council parking, write a formal complaint to that council stating that they administer the blue badge scheme, that they license these chancers JBW and quoting the enforcement guidance above. Check that Jarvis of JBW is properly certified as Bailiff. You could even consider suing them for the disruption to you and your brother. Copy the letter to JBW.

Once that immediate issue is over, you can then sort the parking fine issue, which is a straightforward process. There are many other posts on the web that will give guidance on which can help you. I am no expert and have never had a parking ticket either.

Best of luck.

On the subject of JBW, the following press item on their new enforcement manager who served a prison sentence for fraud makes illuminating reading.

http://www.credittoday.co.uk/news/ne....cfm?news=1706

News

JBW Group reveals manager’s theft conviction - 11/05/2010

Enforcement firm JBW Group will reveal today that it is employing an enforcement manager who was previously sentenced to prison for 22 months.

In a press release leaked to Credit Today before wider publication, JBW said it employed Wayne Stokes in August 2009 as an enforcement manager and that in August 2004, he was sentenced to 22 months for a criminal offence. He served only five months and was released in January 2005.

The enforcement firm said his crime of theft was "a result of bad business decisions," as highlighted by Judge Roger Scott who at the time of sentencing said: "He had an exaggerated view of his own ability."

Stokes was originally sentenced for stealing £113,995 from Leeds City Council. He had set up a bailiff firm to recover debts for the borough, and he recovered almost £222,000, but he paid the council only £118,000.