JBW !!!!!!

[Nikkibee]

Re: JBW !!!!!!

Thank you every one for your advice it really helped. I am going to send a email and see how it goes, I will keep you up to date

[Guest]

Re: JBW !!!!!!

Clamping on private land is illegal. .

[quote=bluebottle;251806]

I am a bit confused here, is this true as we speak or is the bill to make it illegal currently going through parliament.

Peter

[bluebottle]

Re: JBW !!!!!!

[QUOTE=Mr.Peterbard;251941]

I am a bit confused here, is this true as we speak or is the bill to make it illegal currently going through parliament.

Peter

Clamping on private land always has been illegal, but a number of enactments have had to be referred to and cross-referenced in order to find that out. The main problem with wheel-clamping companies is that they have been advised by commercial lawyers who do not understand and/or are not familiar with Land Law and Criminal Law. What the bill going through Parliament at the moment will do is consolidate the law into one piece of legislation and, thus, make it easier to enforce.

[Guest]

Re: JBW !!!!!!

[quote=bluebottle;252583]

Clamping on private land always has been illegal, but a number of enactments have had to be referred to and cross-referenced in order to find that out. The main problem with wheel-clamping companies is that they have been advised by commercial lawyers who do not understand and/or are not familiar with Land Law and Criminal Law. What the bill going through Parliament at the moment will do is consolidate the law into one piece of legislation and, thus, make it easier to enforce.

I think that as far as the people who are reading this are concerned, clamping on private land is legal until the legislation that says it isnt is enacted.

Peter

[labman]

Re: JBW !!!!!!

The difference here is clearly over what is technically correct and what is correct in 'the real world.'

Technically BB may well be correct. However, in the real world there isn't a chance in hell of the OP tkaing action against the bailiffs.

Common Law lien we have established is irrelevant in this case, so we have to wait until the Bill goes through, and hope that it is used. Then the technical argument can become reality. :beagle:

[Nikkibee]

Re: JBW !!!!!!

This is the email I got back from jbw
They have asked for insurance documents but why do I have to provide this? At the time I never had insurance that's why I paid the fine but the money I used to pay was for my instance
Pls help
Thank you
*
In order to proceed with your enquiry, please provide documentation that confirms that you are now the owner of the vehicle the documents we require are:
*
·******** V5
·******** Insurance documents
·******** Bill of sale
*
We also require proof that you made payment to the bailiff to allow us to ensure that if a refund is authorised this is refunded to the relevant party.
*
Did you know that you can access your account online at JBW. Just click on the pay online tab in the right corner of the website. You can manage your account and submit queries 24 hours a day.
*
Kind Regards

[labman]

Re: JBW !!!!!!

Am I missing something here. We are talking about a car which has now been clamped for a good period of time for someone else's fine, yes?

[Nikkibee]

Re: JBW !!!!!!

Yes why are they asking for so many documents
------------------------------- merged -------------------------------
My story so far, my car got clamped for £849 paid the fee because they said I needed instrance to keep the car, car got released sent them a email telling jbw I am the new owner then they sent me back the email as above.

[labman]

Re: JBW !!!!!!

Email them this:


Dear Sir,

WITHOUT PREJUDICE

Your Ref: abc123

We have now established I am the legal owner and registered keeper of this car.

I do not owe this fine. Please pursue it with whoever owes it. It is not me.

Any further correspondence by yourselves will be viewed as harassment and will be reported to the police. Alternatively I will go to the court to seek an immediate injunction against you, a Form 4 complaint lodged against the bailiff. I also reserve the right to go to the local media with this story.

No further correspondence will be responded to.

Yours faithfully,


Then post up anything further, but carry out the threats made.

[Nikkibee]

Re: JBW !!!!!!

Thank you
So don't send them my v5 and bill payments to get the car?

[teaboy2]

Re: JBW !!!!!!

Don't forget to include in the letter that Labman provided above the following:

" As it is established that i am the new legal owner of the car at the time when it was unlawfully clamped, i demand that you fully reimburse me the fee of £xxx.xx which i had to pay to your bailiffs in order to have the clamp removed, along with £100.00 compensation from distress and deteriment that this issue has caused me. If i have not received full rembursement and compensation within 14 days, then i will commence legal proceedings to recover my costs from you, as you are aware such legal proceedings will be much more costly for you, and the onus of proof will be on your to proof you were legally entitled to clamp my car, which as i was not the debtor, you are more than aware that you had no legal entitlement to clamp my car.
------------------------------- merged -------------------------------

Thank you
So don't send them my v5 and bill payments to get the car?

They have no right to see any documents, it is for them to prove the car is not yours, not for you to prove it is yours. They are also more than aware that you paid the fee to have the clamp removed, rule of basic accounting makes that clear. Or are they admitting to slack, poor accounting!

[labman]

Re: JBW !!!!!!

The reason I didn't put something along those lines was that often the OP is glad to put this behind them. Also they should not make threats unless they are fully prepared to carry them out.

If the OP is happy to do this, please do include it. :beagle:

[teaboy2]

Re: JBW !!!!!!

Well its over £750 so a satutory demand would be in order if they refused to repay her lol.

Its more about calling their bluff then threatening them, we all know they will not want to risk this being taken to court.

[labman]

Re: JBW !!!!!!

Thank you
So don't send them my v5 and bill payments to get the car?

You have done nothing wrong. Why should you pay for that privilege? It was their mistake, they're supposed to check with the DVLA BEFORE clamping or removing cars. They undo clamps and return at their expense.

IF this were to go to court the judge would be fuming with their incompetence. Stick to your guns and don't be bullied. You are in the right and have done nothing. They got the wrong person, hassled her, clamped her car, caused significant inconvenience. Need I go on?

[Nikkibee]

Re: JBW !!!!!!

Good morning, I sent an email to JBW 3 weeks ago with:
Your Ref: WA735678
As it is established that i am the new legal owner of the car at the time when it was unlawfully clamped,
I do not owe this fine. Please pursue it with whoever owes it. It is not me.I* demand that you fully reimburse me the fee of £820.24 which i had to pay to your bailiffs in order to have the clamp removed, along with £100.00 compensation from distress and deteriment that this issue has caused me. If i have not received full rembursement and compensation within 14 days, then i will commence legal proceedings to recover my costs from you, as you are aware such legal proceedings will be much more costly for you, and the onus of proof will be on your to proof you were legally entitled to clamp my car, which as i was not the debtor, you are more than aware that you had no legal entitlement to clamp my car.

I still haven't heard from them yet, it's been 3 weeks what else can I do?
Thank you
Nikki