Visit by Bailif from JBW Group

[john mclaughlin]

I recieved a visit from a Mr Peter Faulkner yesterday at my rented home where at 0530hrs in the morning he placed a clamp on my Hire Purchased Audi Car and then issued me with a notice of seizure of goods and inventory. The Notice relates to a certificate issued by Aldershot and Farnham County Court for an unpaid TFL Fine which happened in November 11. The fine was £187.00 and the Bill is for £550.84.
I am not disputing the fine for unpaid TFL but believe that the charges are excessive. I was made redundant through administration in Feb 12 but am now trying to get back on my feet and just recently started work again.


How do I get this clamp removed ?, can I come to an agreement over staged payments? I am at a loss here.

Any help appreciated
John Mclaughlin

[labman]

Re: Visit by Bailif from JBW Group

Hi,

Sorry I am at the wrong medium to post slink, but please click on the bailiff tab at the top of the page. Before the posts you will find a list of 'Stickies' one of which is labelled Parking Offences.

Please read this as it will give you your way forward and answer all your questions.

The bit it may or may not say is they are not allowed to clamp vehicles on HP as the vehicle does not belong to you. However, it is up to you, not them, to prove this now.

[labman]

Re: Visit by Bailif from JBW Group

Here's the link - sorry, I was not at a 'real' computer earlier.

http://www.legalbeagles.info/forums/...rking-Offences

[ploddertom]

Re: Visit by Bailif from JBW Group

May I suggest you edit your original post to remove the Bailiffs name. Have you also checked to see if his Cerificate is up to date including his employer? What paperwork have you received prior to this? have you moved since the "offence" was committed? Have you asked to be shown a copy of the warrant?

[bluebottle]

Re: Visit by Bailif from JBW Group

You need to provide the scumbag, sorry, bailiff with a copy of the Hire Purchase Agreement ASAP and insist he remove the wheelclamp immediately. Bailiffs are only permitted to levy on and seize property belonging to a debtor, not a third party. If he refuses, then, that is when you threaten him with with a public flogging, followed by ritual disembowelment. Only joking. If he refuses to remove the wheelclamp after being shown evidence that the car belongs to a third party, he cannot enforce the levy as it is invalid. Any attempt to remove the car, on his or JBW's part, under those circumstances, would be Theft. Also ask for a breakdown of the charges. A lot of bailiffs were taught arithmetic by the Brothers Grimm of fairytale fame. As PT advises, check the bailiff's certificate to see if it is valid and ask to see a copy of the warrant.

[john mclaughlin]

Re: Visit by Bailif from JBW Group

Am happy to remove the name of the person if it likely to get me into trouble, how do you do this on the forum, the bailliff arrived at my house at 0530hrs in the morning, I can confirm this as a colleague was picking me up at 0600hrs and by then the bailliff had gone, I did not recieve a knock on the door or a notice through my letter box. The bailliff showed me his card but did not have on his possession a copy of the warrant but got jbw to email one to me at 0642hrs I explained that i needed the car as the sole person who drives it, for work, I also explained that the car is on a hire purchase agreement with audi and did not belong to me but he was not interested and just wanted paying.

[john mclaughlin]

Re: Visit by Bailif from JBW Group

Bluebottle, The clamp has been on 3 days now and affects my earnings, I have spoken to TFL and explained i did not recieve a letter from them about th unpaid charge and they advised me to complete the statutory notice out of time which i am submitting to the magistrates court on Monday. So you are saying that he is not legally allowed to clamp on my driveway because the car is on an hp agreement? Many thanks for your help so far

[wales01man]

Re: Visit by Bailif from JBW Group

To a reasonable person someone illegally clamping a car having been informed that the car belongs to the debtor one would remedy this by cutting off the clamp i would like to be in court when an if it went there to hear the bailiffs try to justify a case in law againsrt the person who cut it off if they could prove who did itI for one would have cut it of and dumped it no clamp no evidence?

[Galahad]

Re: Visit by Bailif from JBW Group

Bluebottle, The clamp has been on 3 days now and affects my earnings, I have spoken to TFL and explained i did not recieve a letter from them about th unpaid charge and they advised me to complete the statutory notice out of time which i am submitting to the magistrates court on Monday. So you are saying that he is not legally allowed to clamp on my driveway because the car is on an hp agreement? Many thanks for your help so far

If you can remove the clamp without damaging it, do so.

Lots of clamps are actually quite poor, and loosely fitted so wheels can be removed and you can chuck your spare on it so you can drive.

Failing that, go speak to a locksmith, they might well be happy to unlock it for you for a nominal fee.

They key here is not to damage the clamp, you can't be charged for it, if its not damaged.

However, and this is entirely down to your own judgement. You might find yourself with an angle grinder in your hand and find yourself not being witnessed by people 'not' cutting the clamp off and 'not' disposing of it so it can't be found again, citing when the disgruntled bailiff returns "I thought you'd removed it as you'd checked that it isn't my car for you to levy on".

And from that moment on, park the car a long way away so you can still use it but they are not likely to happen upon it again.

obviously I can't advise you to cut it off and commit an act of criminal damage because thats not what Legal Beagles is for, but, the fact remains that the clamp shouldn't be on there as it technically is still owned by the HP company until you make your final payment, they can't levy against it nor take it.

The bailiffs likely know it, but are stalling because it causes you an inconvenience and the more you are inconvenienced the more likely you are to stump up.

[wales01man]

Re: Visit by Bailif from JBW Group

Galahad
I see we stick by the rules and leave an illegally placed clamp in place ?
My thinking would be as suggested cut the thing of and lose it no clamp no evidence would dearly love to see the court case i think even the magistrate would be amused as i keep saying its time to get back at these morons right or wrong it might be the best option.Final question does anyone have a link to any court case where a bailiffs firm has taken someone to court for removing a clamp that was not found andWhat evidence was produced?

[pepsie]

Re: Visit by Bailif from JBW Group

Galahad
I see we stick by the rules and leave an illegally placed clamp in place ?
My thinking would be as suggested cut the thing of and lose it no clamp no evidence would dearly love to see the court case i think even the magistrate would be amused as i keep saying its time to get back at these morons right or wrong it might be the best option.Final question does anyone have a link to any court case where a bailiffs firm has taken someone to court for removing a clamp that was not found andWhat evidence was produced?

The flaw in doing that is ...most clampers now photograph the car with their clamp in place???

Pepsie

[wales01man]

Re: Visit by Bailif from JBW Group

Photo or no photo can anyone quote a court case if the only evidence that leads to a conviction is a photo and a statement from a bailiff who illegally clamped a car what chance of justice foe anyone

[bluebottle]

Re: Visit by Bailif from JBW Group

Bluebottle, The clamp has been on 3 days now and affects my earnings, I have spoken to TFL and explained i did not recieve a letter from them about th unpaid charge and they advised me to complete the statutory notice out of time which i am submitting to the magistrates court on Monday. So you are saying that he is not legally allowed to clamp on my driveway because the car is on an hp agreement? Many thanks for your help so far

A bailiff is not permitted to levy on or seize property belonging to a third party which, in your case is Volkswagen Audi Group (VAG). If it is affecting your earnings and you can produce evidence of loss, I would be inclined to deduct that from any money JBW claim you owe them. They are not in a very strong position to argue the toss. I would make them aware of this. This may encourage them to remove the clamp. Stress the fact that the levy is not only invalid, but illegal also. You may also have a claim against TfL as they are vicariously liable for the actions of JBW's bailiff.