debvfm - Parking Fine

[debvfm]

Sorry this is my first time on here and I really need some advice.

My van was clamped by JW Enforcement this morning and the PCN charges were for my ex whose name the vehicle is registered to. I contacted the bailiff (enforcement officer) and was told I (he) needed to pay £1800 by midday. I contacted my ex and he said he would sort it.

The bailiff called me at 11.30 to say that the van had disappeared along with the clamp and that he (the bailiff) had reported the vehicle stolen.

My ex has checked online and the bailiff is now showing as being licensed although he maintains that he is.

What can I do?
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Sorry I meant to say that he is NOT registered!!!

[shamen]

Re: Parking fine.

As far as I know you cannot clamp a legally parked vehicle becuase of outstanding private parking tickets? If the car was parked illegally thats another matter, but then you would only be liable for the release fee for that one offence (fee will be signposted), not having to pay all the 'backlog' that the enforcement guy thinks you 'owe' - thats basicly confiscating your property and extorting money out of you and I would involve the police. Unless of course they have a court judgement which says they can take your vehicle - unlikely unless its a backlog of council issued tickets.

Put simply if you owe me 1800 for old private parking tickets which were racked up over a period of time, i cant just see your car parked somewhere (even on my property), clamp it and then demand you pay me all the money for all the fines before i let it go - just as much as I cant come outside your house and clamp your car because you owe me an alleged debt. Thats going to get me in trouble with the law if I do, so whats different about the situation here? Involve the police (only if this is for private parking tickets) tell them you are willing to pay the release fee for being clamped today, but attempted collection on previous alleged debts in this manner is extortion and you want to press charges?

Im not sure how the rules play for council issued tickets, perhaps someone else can pop in here? Id imagine if there is a court authorised claim against the vehicle then they can take it, sell it to pay the debt. Didnt know they could clamp it until the balance was fully paid off? But maybe someone else can clarify

If the guy isnt registered then id also call your local police station and ask their opinion on the matter. Get documentation from the guy showing he has a court order to seize your goods then go to the court and ask them about his license (see the bailiff guide: http://www.legalbeagles.info/forums/...ad.php?t=14113

As for the car going 'missing' any chance your ex has cut the clamp off and took it?

[debvfm]

Re: Parking fine.

The bailiff is still maintaining he is licensed and the court have got it wrong!!! They are allegedly tickets enforced by the council.

He keeps ringing me and I have nothing to tell him. He maintains the van was clamped and has gone but how can I prove that?

I have been at work all day.

I will try to ring the council and see if they can help me.

Thanks

PS Can the Bailiff report it stolen? I thought that the vehicle had to be yours to be able to do that. The police have not been very helpful they claim they don't know what to do.

Thanks for your help

[shamen]

Re: Parking fine.

Council tickets - eek. Then yeah its likely theres a court order. Ring your local magistrates court and ask them about the case, though as its your Exs vehicle then they may not speak to you. Also have them verify the registration of the bailiff while you are on the phone. The bailiff should show your Ex all paperwork/judgements against him - its the right of the registered keeper (defendant).

If the bailiff has a court order to posses the vehicle its my understanding that as long as he is registered and procedures are followed correctly there isnt much you can do. If a bailiff legally posesses a vehicle following a compliant court order and someone then takes that vehicle from him, he has the right to report it stolen.

Another thing worth noting, the bailiff shouldnt even be talking to you as the tickets/judgement will be against your Ex? Speaking to you about his court orders and financial details is a serious breach of the data protection act.

[debvfm]

Re: Parking fine.

Hi there.

I have tried to explain this to the Bailiff but he just calls my mobile. I have been at work all day and have explained this but he has called me at least 5 times!!

My ex has contacted Northampton County Court and the Council to get the parking ticket numbers and been told to fill in a form explaining that he did not receive any of these tickets as he did not live at the address.

The bailiff said he could not give me any paperwork or ticket numbers as his Blackberry would not download!!!

No costs or breakdown of such have been supplied the van was simply clamped and the sign stuck on the window.

Thanks for your help.

The police did say however, that they would not take the word of a Bailiff that the vehicle was stolen.