My mums HP car was clamped by Jacobs baliffs

[nickc]

Hi everyone, I hope someone can help!
Last week, a car belonging to my mother (under a finance agreement), was clamped outside my house for alleged non-payment of a parking fine. I am the registered keeper.
I Firstly, does anyone know if the parking ticket (issued by a traffic warden) is valid if it was not sent to the owner, but only to the registered keeper?
2. The clamper, who had left the unattended clamped car for over four hours - agreed to remove the clamp on the condition I put in writing (on the back of the letter he posted through my door) that I would pay £350 on a certain date, and signed it - which I did ( I am my mums registered carer and the clamper said unless I did as he instructed, he wouldn't be able to see me until the following morning to remove the clamp, and I didn't want to be without the car in case she needed me.) He had initially said unless I paid the money he would take to car "straight to auction" and I would still owe the debt and the additional fees)
He then came back, removed the clamp, and knocked on my door and took back the notice he had previously dropped off (the one I had made the promise to pay and signed)
3. During our telephone conversations I explained to the clamper I was only the registered keeper, and could not afford to have the clamp removed. He then advised me to approach a log-book loan company to raise the money. As he has removed the clamp - which if I understand it correctly, he should have never attached to a car on HP, is there any action I can take against the clamper and Jacobs for their illegal act?

[ploddertom]

Re: My mums HP car was clamped by Jacobs baliffs

Hi everyone, I hope someone can help!
Last week, a car belonging to my mother (under a finance agreement), was clamped outside my house for alleged non-payment of a parking fine. I am the registered keeper.
I Firstly, does anyone know if the parking ticket (issued by a traffic warden) is valid if it was not sent to the owner, but only to the registered keeper? Yes
2. The clamper, who had left the unattended clamped car for over four hours - agreed to remove the clamp on the condition I put in writing (on the back of the letter he posted through my door) that I would pay £350 on a certain date, and signed it - which I did ( I am my mums registered carer and the clamper said unless I did as he instructed, he wouldn't be able to see me until the following morning to remove the clamp, and I didn't want to be without the car in case she needed me.) He had initially said unless I paid the money he would take to car "straight to auction" and I would still owe the debt and the additional fees)
He then came back, removed the clamp, and knocked on my door and took back the notice he had previously dropped off (the one I had made the promise to pay and signed)
3. During our telephone conversations I explained to the clamper I was only the registered keeper, and could not afford to have the clamp removed. He then advised me to approach a log-book loan company to raise the money. As he has removed the clamp - which if I understand it correctly, he should have never attached to a car on HP, is there any action I can take against the clamper and Jacobs for their illegal act? No

I assume he clamped the car before you spoke to him. Unless you had provided proof of the HP Agreement then he would not have known. You say you are your Mum's carer - do you or her get DLA, do you get a free tax disc or do you have a Blue Badge?

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

I assume he clamped the car before you spoke to him. Unless you had provided proof of the HP Agreement then he would not have known. You say you are your Mum's carer - do you or her get DLA, do you get a free tax disc or do you have a Blue Badge?

If there is a disabled persons Tax Disc on the car he should not have clamped it does it have one, if not all is not lost as you put, "He then advised me to approach a log-book loan company to raise the money" Use this as the Basis of a Formal Complaint to the Parking Manager, and CEO , Elected leader of the Council copied to your MP assuming this is a decriminalised PCN. Also Report Jacobs to the OFT under a Credit Worthiness complaint. A bailiff or other enforcement agency should not tell a debtor to seek additional debt to pay them. That is a no no.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

If there is a disabled persons Tax Disc on the car he should not have clamped it does it have one, if not all is not lost as you put, "He then advised me to approach a log-book loan company to raise the money" Use this as the Basis of a Formal Complaint to the Parking Manager, and CEO , Elected leader of the Council copied to your MP assuming this is a decriminalised PCN. Also Report Jacobs to the OFT under a Credit Worthiness complaint. A bailiff or other enforcement agency should not tell a debtor to seek additional debt to pay them. That is a no no.

It's worse than that.

By suggesting that the OP should effectively sell a car he does not own, the meat-headed bailiff told him to commit a crime.

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

It's worse than that.

By suggesting that the OP should effectively sell a car he does not own, the meat-headed bailiff told him to commit a crime.

Exactly, thought I would leave the "Inciting another to commit an offence" to someone else to pinpoint, Jacobs bailiffs are particularly bone headed, they have history for towing and selling third Party motors then trying to get them back after they have realised they have firked up

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

My mum has a blue badge but it is registered to another car she owns, not on the one they clamped.
Thank you so much for your replies.
I need to work out the best way of dealing with Jacobs over this as I imagine they have lots of experience of wriggling their way out.
Plus I have other two other parking tickets that have just been passed over to Jacobs and I am concerned they will clamp the same car again.

[Inca]

Re: My mums HP car was clamped by Jacobs baliffs

Blue badges aren't registered to any car...they are for use in any vehicle carrying the person named on the badge.

[The Cosmic Connection]

Re: My mums HP car was clamped by Jacobs baliffs

Blue badges aren't registered to any car...they are for use in any vehicle carrying the person named on the badge.

Exactly. My elderly mother has a Blue Badge and although they ask for the VRM of the vehicle it will be used in connection with most frequently, it can be used with ANY vehicle.

[Inca]

Re: My mums HP car was clamped by Jacobs baliffs

How odd BB? I have had a badge for donkeys years (they were orange to start with) and I have never once been asked for any car details. I have just done my renewal and didn't get asked.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Thanks to everyone for the advice.
To sum up I propose to do the following:
1. Report the bailiff to Trading Standards and the OFT regarding telling me to get a log book loan.
2. Also to write to the CEO and Finance Director of my council and the District Judge at the court where the bailiff is registered.
3. And copy the above to my local MP
It will be fascinating to see how Jacobs deal with my complaint and I will report back here.

[bluebottle]

Re: My mums HP car was clamped by Jacobs baliffs

How odd BB? I have had a badge for donkeys years (they were orange to start with) and I have never once been asked for any car details. I have just done my renewal and didn't get asked.

It seems to vary from one local authority to another.

[bluebottle]

Re: My mums HP car was clamped by Jacobs baliffs

Thanks to everyone for the advice.
To sum up I propose to do the following:
1. Report the bailiff to Trading Standards and the OFT regarding telling me to get a log book loan. No. Report Jacobs. They hold the OFT licence, not the bailiff
2. Also to write to the CEO and Finance Director of my council and the District Judge at the court where the bailiff is registered. Correct. Find out which court issued the bailiff's certificate and then ring the court and ask for the name of the judge. Always start a letter to a judge in a civil court with the salutation, "Your Honour", not "Dear Judge .....".
3. And copy the above to my local MP Yes.
It will be fascinating to see how Jacobs deal with my complaint and I will report back here.You'll probably get an abusive letter making all sorts of threats or a multi-page essay full of excuses.

Responses in red text.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Thanks Bluebottle.
I will let you know how I get on.

[bluebottle]

Re: My mums HP car was clamped by Jacobs baliffs

Nickc,

I'm attaching some files to help you put together your complaint to OFT, which should be emailed to them. If you require guidance on the letter to the DJ, come back onto this thread.

[enquirer]

Re: My mums HP car was clamped by Jacobs baliffs

You could also inform the HP company that Jacobs tried to steal their property.