Council Tax illegal clamping and going into battle.

[aderyn]

Hi Guys

Sorry if this is going over old ground but at my wits end and am trying to collate as much info as possible. I for many reasons have unpaid council tax - I have never refused to pay just cant afford to. Baliffs back in November served Notice of Seizure against my vehicle. I never signed anything they posted it through my door after I refused them entry and they asked my neighbours if the vehicle was mine. They are levying for almost £3k!!!!! They returned a few days later and tried to seize car - after a battle with them - got the police out as well - I managed to get a family member to pay £500 off. They left I never got a receipt. Since then have complained to the company Excel Civil Enforcements Ltd and also challenged the certification of the Bailiff who hassled me - his certification is currently on hold pending a hearing. Since then all hell broke loose. They illegally clamped my car - illegally as for one thing they have to be licensed to clamp and two they cant clamp for council tax. Well, somehow the clamp and the car both disappered and I am now being threatened with arrest for theft by the police - a charge which will not stand if I give the clamp back. I have written to the council and complained,written to the County Court and complained and written to the Baliffs but still they are hassling me.

I have every act passed that I am using in my defence, I have every bit of info that I can gather on Baliff law - but cant find much on things similar to my case. Reason for this is: -

1. When they first issued Notice of Seizure - they tried to levy for 3 years (2 of which have been returned as uncollectable to the council).

2. The Bailiff who levied is now uncertificated - until the hearing.

3. New Bailiff is levying for one year only, all correspondence sent is relating to one year only.

4. They are ignoring my requests for a breakdown of fees.

5. I threatened to sue them for abandoning a clamp on my land - they responded by reporting me to the police.

I have read about someone who held a company to ransome over the clamp to the tune of £1k - does anyone have any info on this.

Sorry for rambling but any input will be very much appreciated - time is running out.

[Amy]

Re: Council Tax illegal clamping and going into battle.

Well, somehow the clamp and the car both disappered and I am now being threatened with arrest for theft by the police - a charge which will not stand if I give the clamp back.

How did this happen?

[aderyn]

Re: Council Tax illegal clamping and going into battle.

Put it this way - it wasnt them that removed clamp or car - but due to the disappearance they have reported me for theft.

[aderyn]

Re: Council Tax illegal clamping and going into battle.

To elabprate - I was advised to remove the vehicle which I did but for the record did not remve the clamp personally. Bailiffs cannot now find the car so have reported me to the police for theft which will be dropped when the clamp is returned, Being as it was used illegally in the first place am not a fan of this action as it doesnt provide me with any comeback. Hope that makes sense

[Amy]

Re: Council Tax illegal clamping and going into battle.

What is the background to the levy because if the levy is correct, then to remove the vehicle is theft?

Why do you believe that to clamp a vehicle for a council tax is illegal?

[aderyn]

Re: Council Tax illegal clamping and going into battle.

It is illegal to clamp without a licence issued by the sia the company dont have a licence and according to legal sources clamping can only be done in collection of magistrates fines not council tax. The levy isnt correct as they tried to claim for two cases that they no longer have - they have been returned t the council

[Amy]

Re: Council Tax illegal clamping and going into battle.

I have no idea who your 'legal sources' are, but they are wrong.

Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006

This Affirmative Order, amending the Private Security Industry Act 2001, was debated in the House of Commons on Monday 3rd July and in the House of Lords on Wednesday 5th July. It came into force on Tuesday 11th July.

This Order clarified that, amongst others, the following officers and contractors do not need to be licensed by the SIA for the purposes of, on private land, immobilising a vehicle by attaching a wheel clamp, blocking in or towing away, removing a wheel clamp, returning a vehicle that has been removed or restricted, or charging for any of these activities:

- County Court bailiffs when enforcing a County Court warrant of execution are exempt, both as Crown employees and because a licence is not required for this purpose.

- Magistrates Court CEOs when enforcing a Magistrates Court distress warrant, for similar reasons.

- Those private sector enforcement agents contracted by the department to enforce clamping orders and distress warrants on behalf of the Magistrates Courts. Section 3(5) specifically refers to “activities carried out pursuant to a contract entered into by the Lord Chancellor under section 2(4) of the Courts Act 2003 (court officers, staff and services)”.

[redman]

Re: Council Tax illegal clamping and going into battle.

Have a look at the documents on this page. http://www.lacef.org.uk/documents/ It is supposed to be a confidential forum for the Local Authority Civil Enforcement Operatives. I used the information contained within these pages to succesfully dispute council tax liability for one of my clients. In particular, it has pages of info regarding clamping.

What I like most about this site is that is shows even the most senior of council officials do not have a clue!

Be quick though, I know that the administrators of this site are aware that the information contained therein is not as secure as they once thought!

Re the clamp; it would be so funny to find that they had clamped the wrong vehicle, if that was at all possible - unless they had a photograph to prove they clamped yours

[aderyn]

Re: Council Tax illegal clamping and going into battle.

Hi Redman thanks for that and Amy thanks for printing that up - National Debtline advised me originally about the legality of clamping for council tax - the act as you point out above is in regard to magistrates fines - council tax is not a magistrates fine and is not to the best of my knowledge under the same jurisdiction - I am waiting for the councils confirmation of this matter.

[johnmaddison]

Re: Council Tax illegal clamping and going into battle.

Hi Redman thanks for that and Amy thanks for printing that up - National Debtline advised me originally about the legality of clamping for council tax - the act as you point out above is in regard to magistrates fines - council tax is not a magistrates fine and is not to the best of my knowledge under the same jurisdiction - I am waiting for the councils confirmation of this matter.

You have come onto the site asking for advice. I know amy herself provides alot of uselfull information and what she is saying totally correct. Its is not illegal to clamp a car for council tax.

I would help you but to be honest im not sure i like your attitude.

As far as im aware this site and many other like it are to help and aid people who actually need the help. I understand your annnoyed anyone would be. But you have basically come onto here asking for advice. You have called someone who knows what they are talking about wrong. YOU yourself are misinformed for definite. You have admitted to removing a car that if they levy was correct is theft. Despite him not being certificated now. From what you have said at the time of the levy he was, therefore it stands, once again if it was correct.

You do realise many authorities read this site? Your admission of guilt is now on the internet?

From what your have said we know
The company involved
The current state on the baliff
Other misc details
It will not be hard to track down this case


Im not going to say anymore i will help those who need help but not people who think its ok to do as they please and from how i read it "brag" on the internet and look for a way out.



Last point all Council tax liability orders are lodged on file within the magistrate court, thats how they get to liability in the first place. They are not a warrant ... but still .


1. When they first issued Notice of Seizure - they tried to levy for 3 years (2 of which have been returned as uncollectable to the council). Dont know about the 2 other years but rolling levys are not illegal.

2. The Bailiff who levied is now uncertificated - until the hearing. ... At the time of the levy is all that counts.

3. New Bailiff is levying for one year only, all correspondence sent is relating to one year only. Maybe they only have one now as you said previously?

4. They are ignoring my requests for a breakdown of fees. Should have been provided on the levy sheet.

5. I threatened to sue them for abandoning a clamp on my land - they responded by reporting me to the police. Didnt abandon immobilised your car Legally if levy was in place.

I have read about someone who held a company to ransome over the clamp to the tune of £1k - does anyone have any info on this. No idea This was a private car park matter and did invovle Sia registered clampers taking the mick, nothing to do with a warrant.

Sorry for rambling but any input will be very much appreciated - time is running out.


Wont help but i will try to correct your some.

As far as im aware this site is for advice and guidance for people who need help in desperate times. Im pretty sure it does not condone people admitting to what looks like breaking the law.

Flame on John.

[Amy]

Re: Council Tax illegal clamping and going into battle.

National Debtline advised me originally about the legality of clamping for council tax - the act as you point out above is in regard to magistrates fines - council tax is not a magistrates fine and is not to the best of my knowledge under the same jurisdiction - I am waiting for the councils confirmation of this matter.

Council tax debt does come under the umbrella of the Magistrates Courts, although it is dealt with slightly differently.

Have you read the bailiff guide yet?

[outlawlgo]

Re: Council Tax illegal clamping and going into battle.

You have come onto the site asking for advice. I know amy herself provides alot of uselfull information and what she is saying totally correct. Its is not illegal to clamp a car for council tax.

I would help you but to be honest im not sure i like your attitude.....

I'm sure that the OP will be devastated that an editor of the Soviet Union's Правда will not be assisting in this case.

Have you never heard of a difference of opinion? This thread has uncovered what appears to be some ambiguity relating to whether or not vehicles can be clamped for the purposes of council tax enforcement. I don't think the OP should be castigated for stating what he obviously believes to be correct regardless of whose opinion it opposes.

If attempts to suppress poster's opinions were discouraged and differences of opinion debated then this could prove more productive.

[aderyn]

Re: Council Tax illegal clamping and going into battle.

I'm sorry, I never meant to tell anyone they were wrong and if my answer appeared to say that I can only appologise it wasnt my intention. For the record I appreciate and respect the advice given and think it a tad unfair that you think otherwise of me johnmaddison. So therefore once again in reverence to Amy I appologise if it seemed I was undermining or disregarding your advice this was most definitely not the case. With regard to the comment about coming on here bragging! Excuse me mate but if thats what you consider to be bragging then your very very mistaken.