Tools of the trade levy

[Midnight]

Hi need info on this. I am self employed and my vehicle was clamped by JBW,without warning-the guy knocked on door after clamping. I believe this was an illegal levy,had to pay £310 for removal.
I wrote to JBW explaining tools of the trade issue and they claim car has to be insured as a business vehicle(it isnt currently) and want proof. I dispute this but need to know the facts.

Thanks
John

[ploddertom]

Re: Tools of the trade levy

What sort of vehicle? Is it sign written? How many are insured to drive it? You say self employed, may I ask as what?

[Midnight]

Re: Tools of the trade levy

A car.Only me insured to drive it and no it isnt signed,Im a freelance photographer I travel the country to work.

[ploddertom]

Re: Tools of the trade levy

This may be not what you wish to hear but I think they may be allowed to clamp your car as unless you can show it is necessary to carry all your equipment ie 2 or tripods or other heavy equipment then the argument is you can use other modes of transport - unfortunately the cost or infrequency does not come into play. being insured for business use only would be part of the equation.

That's the bad part out of the way.

Before the vehicle was clamped were you given a Notice of Seizure? If so were you then allowed a period of time in which to pay? Have you asked for a breakdown of their charges? Have you asked which Rule/Regulation allowed them to clamp your vehicle?

[Midnight]

Re: Tools of the trade levy

This may be not what you wish to hear but I think they may be allowed to clamp your car as unless you can show it is necessary to carry all your equipment ie 2 or tripods or other heavy equipment then the argument is you can use other modes of transport - unfortunately the cost or infrequency does not come into play. being insured for business use only would be part of the equation.

That's the bad part out of the way.

Well I could do that as I do have heavy lighting equipment etc.

Before the vehicle was clamped were you given a Notice of Seizure? If so were you then allowed a period of time in which to pay? Have you asked for a breakdown of their charges? Have you asked which Rule/Regulation allowed them to clamp your vehicle?

No I ws given nothing prior to clamping,I ws awoken by idiot banging on the door and was informed he had clamped the car,and gave me notice of seizure,informed me a van was coming to tow vehicle.To be fair I didnt ask for any time to pay,.Also an enforcemnet notice had been put through letterbox. No I havent asked them the questions you say,I will do.

[ploddertom]

Re: Tools of the trade levy

There are 3 instances in which a vehicle may be clamped:

1 - a vehicle causing an obstruction prior to removal
2 - a vehicle not having a valid RFL
3 - a Clamping Order issued by the Magistrates for failure to pay a criminal fine

I note what you say about them demanding business insurance, whilst in the main this is true it is not 100% accurate. There is not a lot of English case law on this but parallels may be drawn from elsewhere.
York v Flatekval (1971) 3 WWr 289 was a musician needing his vehicle to transport instruments
Hayward Builders Supplies Ltd v Mackenzie (1956) a floorer who need his car to transport his tools, in this case the car was insured for SDP as it was used by the family at weekends.
The 2 cases above although Canadian can be used as good practice here and should be transferable. If for example you only carried light equipment then it could be seized but as your equipment is I assume both heavy & bulky then an alternative means would be unsuitable.

One case a lot of Bailiffs/HCEO's quote is that of Toseland Building Supplies v Bishop Groundworks, however I happen to know this has been defeated on more than 1 occasion in the last year.

[bluebottle]

Re: Tools of the trade levy

Do you have what is known as Class 1 motor insurance? This allows, mainly, SDP, but some business use. From what you have said, the dozy bailiff might well have had a sign hanging around his neck reading "Please Hit Me" when he knocked on your day. As Ploddertom has said, he didn't give you an opportunity to pay, which is a No-No. JBW aren't exactly known for compliance with the law. Go onto the Dailymotion website to see a clip of Jamie Waller, MD of JBW, attempting to illegally force entry to someone's flat with the assistance of one of his brainless employees. I have a gut-feeling Mr Waller could find himself having to explain the actions of his employees to a court sometime this year. it will be interesting to see what it is.