Please Help. Bristow and Sutor want to seize my car

[Salrob]

Hi i really hope someone can help me as Im at my wits end...
This morning at 11am I had a visit from a bristow and sutor bailiff, I was upstairs watching a film with my son and his two friends when we heard the loud knock at the door. I instinctively knew it was a bailiff and ditn want to answer the door. Then I heard the door opening. My friend who was here with his two sons ran down and told the bailiff I wasnt in. He left a notice of removal expenses list and a notification of visit with charges of 243.61 added for his visit today. Then this evening at 7pm my friend used the car to drop his two boys home, he is named on the policy to bring the premium down. When he went outside the bailiff was still there, he followed him to his sons home and blocked the car in the road, he informed him that he was going to be siezing the car tonight, to which my friend told him he wasnt. My friend then drove the car back to my house and told me what had happened. Then a letter dropped through the door with a notcie of seizure and an inventory of goods, naming the car as the good siezed only thing is he hasnt taken the car? Im so confused as to what this means. I am a single parent on income support and have no way of paying these ridiculous charges they keep heaping on me. I just dont know what to do or where I stand now...Ive been trying to get hold of CAB since this happened but there is noone available. I really hope someone can help me. Thanks Sally.

[bluebottle]

Re: Please Help. Bristow and Sutor want to seize my car

Hello Sally and welcome to Legal Beagles.

Before we can advise you further, could you answer the following questions, please?

1. What is the debt for?
2. Have B & S paid any visits to your home on any previous occasions?
3. Have B & S gained access to your home on any previous occasion?
4. Apart from the car, have they levied on any of your goods?
5. Does the creditor know you are a single parent?

If you can answer these questions, we can see what help you may need.

BB

[Salrob]

Re: Please Help. Bristow and Sutor want to seize my car

Hi BB
They have been beofre but Ive not been in they have just left letters...The debt is for penalty charges.
They have never entered my home before. They have not levied any of my other good as they have not been into my house before. I dont think the creditor knows that I am a single parent, I havent told them this. Should I?
Thank you so much for replying to my post

[bluebottle]

Re: Please Help. Bristow and Sutor want to seize my car

Hi BB
They have been beofre but Ive not been in they have just left letters...The debt is for penalty charges.
They have never entered my home before. They have not levied any of my other good as they have not been into my house before. I dont think the creditor knows that I am a single parent, I havent told them this. Should I?
Thank you so much for replying to my post

Could you elaborate on what you mean by "penalty charges"? Also, who is the creditor, please? As a single parent, you are classed as vulnerable under the Ministry of Justice National Standards for Enforcement Agents to which all local authorities and bailiff companies have signed to say they accept them and will abide by them. Unfortunately, they are not enshrined in law and are frequently disregarded by bailiffs.

[Salrob]

Re: Please Help. Bristow and Sutor want to seize my car

Sorry by penalty charges i mean unpaid parking fines (i dont really know about the right lingo to use Im just using what they say?) Isnt the creditor Bristow and Sutor? Like I say I have no idea whats going on here I just keep getting letters saying I owe them horrific sums of money wich if I had I would of paid the bl**dy ticket in the first place :S Should I contact B&S to tell them I am a single parent? Would it make them back off? I dont understand wwhy hes left a siezure notice but not taken the car?

[Salrob]

Re: Please Help. Bristow and Sutor want to seize my car

Its the Isle of wight council that have sent B&S

[bluebottle]

Re: Please Help. Bristow and Sutor want to seize my car

Both the council and B & S need to be notified of your single-parent status asap. In fact, ring the council first thing tomorrow morning. Then ring B & S.

How many PCNs are involved and how much is each PCN? Also, could you list the charges B & S are demanding. Is the car subject to HP, leased, on hire, belong to someone else or an employer's vehicle? Are you a medical or healthcare professional who uses the car whilst on emergency call-outs which would class it as a Blue Light vehicle? Is it a funeral vehicle by any chance?

[Salrob]

Re: Please Help. Bristow and Sutor want to seize my car

Haha no its not a funeral vehicle....and no its none of those other things either, its my clapped out old banger that I am desparatly trying to hold onto becuase I'll never be able to afford another one!
Its about 2 parking charges and they breakdown of charges are as follows....
parking penalty charge#1 112.00 letter fee 13.44 attendance to levy fee 177.61
PPC#2 82.00 letter fee 13.44 attendace to levy fee 138.80
plus costs incurred to remove goods 216.00 :S

Which department of the council should I phone?

Hypothetically speaking where would I stand if the car had been sold in the last few days? The bailiff didnt actully see me driving it :S

[bluebottle]

Re: Please Help. Bristow and Sutor want to seize my car

How many visits have they made in respect of each PCN, please?

From what you have said, the bailiff may have acted unlawfully in what he did. Also, he cannot levy and seize on the same day. A debtor must be given an opportunity to pay. There must be an interval of at least 5-7 days between seizure and removal.

[bizzybob]

Re: Please Help. Bristow and Sutor want to seize my car

parking services, how much do you reckon the car is worth, as is taken and sold at auction it may not raise enough to cover all fees, cost of auction, removal and a portion of the debt. In that case you can infer that the bailiff seized it merely to garner fees for personal gain, another bargaining counter, inform the council and Busted & stupor, that you are a single parent WHOLLY RELIANT on benefits so are vulnerable as per the national standards, mentioned by bluebottle.

[Salrob]

Re: Please Help. Bristow and Sutor want to seize my car

I think there have been about 3 visits for the charges. Im not sure :S

[Salrob]

Re: Please Help. Bristow and Sutor want to seize my car

I dont think the car is worth much, its a bit banged up. It certainly wouldnt cover the charges.
If he has acted unlawfully what would I be able to do to rectify this. I did think it was odd he first gave the notice of intent and then tried to sieze the car 8 hours later.
I will ring B&S in the morning and the council first thing. I'll never sleep tonight so I'll be on it at the crack of dawn

[Salrob]

Re: Please Help. Bristow and Sutor want to seize my car

Also just want to add that although he didnt take the car he did cross through the walking possesion agreement part of the notice of seizure and good inventory...im not sure what this means but from what im trying to read online it doesnt sound right. is it? im so confused....

[CleverClogs]

Re: Please Help. Bristow and Sutor want to seize my car

How many visits have they made in respect of each PCN, please?

From what you have said, the bailiff may have acted unlawfully in what he did. Also, he cannot levy and seize on the same day. A debtor must be given an opportunity to pay. There must be an interval of at least 5-7 days between seizure and removal.

Nor, one might suppose, could he lawfully levy distress twice on the same vehicle.

[Fair-Parking]

Re: Please Help. Bristow and Sutor want to seize my car

No bailiff can open a door and enter a property for parking enforcement and I will guarantee that no warrant has been prepared by the relevant local authority for him to act in any way.

Can't stop him bullying and lying though.