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Clamped my dads car!

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  • Clamped my dads car!

    First of all Hello, just found this site and think it is great!

    Yesterday morning woke up to find my car clamped and a note on it with a direct number for the bailiff, and also a 0845 number as an emergency number (Davies enforcement).

    My dad gave the car to me as he bought a new one and since march 2010 i have been the registered keeper. He was the first and only other previous registered keeper of the vehicle. Am i right in saying that because the car was given to me that he is therefore still the legal owner of the car and therefore the bailiffs can not seize the car.

    The debt is for a PCN in october 2010. As my partner has recently been made redundant and i have very small income from part time work financially i am unable to pay yhe £560 they are asking for. I have NO intention of letting them in the house, and apart from the fact my dad will kill me if the car gets towed (i have informed him of this) i would feel awfal if they took my dads car becouse of my debt

    I have put a notice in the car window informing them that i am not the owner of the car, the car is still there with clamp.

    Please help
    ------------------------------- merged -------------------------------
    forgot to mention that i called the direct number yesterday several times and could not get an answer, also called the emergency number and they tried to get hold of him and they couldn't either.
    Last edited by miss-nirvana; 8th July 2011, 10:46:AM. Reason: Automerged Doublepost
    Tags: None

  • #2
    Re: Clamped my dads car!

    Originally posted by miss-nirvana View Post
    First of all Hello, just found this site and think it is great!

    Yesterday morning woke up to find my car clamped and a note on it with a direct number for the bailiff, and also a 0845 number as an emergency number (Davies enforcement).

    My dad gave the car to me as he bought a new one and since march 2010 i have been the registered keeper. He was the first and only other previous registered keeper of the vehicle. Am i right in saying that because the car was given to me that he is therefore still the legal owner of the car and therefore the bailiffs can not seize the car.

    The debt is for a PCN in october 2010. As my partner has recently been made redundant and i have very small income from part time work financially i am unable to pay yhe £560 they are asking for. I have NO intention of letting them in the house, and apart from the fact my dad will kill me if the car gets towed (i have informed him of this) i would feel awfal if they took my dads car becouse of my debt

    I have put a notice in the car window informing them that i am not the owner of the car, the car is still there with clamp.

    Please help
    ------------------------------- merged -------------------------------
    forgot to mention that i called the direct number yesterday several times and could not get an answer, also called the emergency number and they tried to get hold of him and they couldn't either.
    As registered owner the car is register as being your property - Also when your dad gave the car to you the ownership passed to you also (unless you had a witten contract clause stating otherwise), so you are indeed the legal owner of the car.

    You may find this useful - Parking Fine Guide - Legal Beagles Consumer Forum
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    Comment


    • #3
      Re: Clamped my dads car!

      teaboy2 if you read the registration document it states that being the registered keeper dose not mean you are the legal owner.
      That said it will be hard to prove that the registered keeper is not the legal owner
      Bought some tablets today to build my strength up .. cant get the bloody lid off.

      Comment


      • #4
        Re: Clamped my dads car!

        Originally posted by evilhamster View Post
        teaboy2 if you read the registration document it states that being the registered keeper dose not mean you are the legal owner.
        That said it will be hard to prove that the registered keeper is not the legal owner
        But they are presumed to be unless proven otherwise and all legal requirements are deemed the responsability of the registered keeper - Either way the fact it was a gift from the OP's father means the legal ownership of the car belongs to the OP, just like xmas presents and birthday present would be owned by the person receiving them not the person that gave them as gifts.

        So as you said it would be difficult to prove otherwise - unless as i stated in my first post, there was a contract with a clause confirming the ownership did not pass to the OP.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment

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