Bailiff clamped wrong vehicle on my private land

[KDK]

Re: Bailiff clamped wrong vehicle on my private land

I'm certainly warming to this idea of progressing this complaint to the next stage!

Is it right to submit a bill to them at this time? If so, should this just include the amount of my half day salary or the additional damages for non financial loss which I put to them in my original complaint (e.g. emotional distress, damage to reputation).

I wonder if I can bill them for use of my vehicle and land for the time they occupied it?!

[KDK]

Re: Bailiff clamped wrong vehicle on my private land

My lease is with a private landlord and not connected to the council in any way.

I did consult a solicitor informally and they were of the opinion that the car was only clamped for a couple of hours and that a letter from her would cost more than the £100 on offer so not really worth it. As I said it was informal advice from a solicitor my mother worked for but I'm not sure what area she specialises in.

[bluebottle]

Re: Bailiff clamped wrong vehicle on my private land

This is why you need to speak to a solicitor who can advise you what you can claim and how much. See if you can find one in your area who does an initial consultation free of charge. Most will give you 30 minutes free, but do check. Civil Litigation, especially the sort involved in your case, is best dealt with by a legal professional. My background is, mainly, in Criminal Law. Your case has elements of trespass and interference with property, as well as a certificated bailiff acting without lawful authority. If the police had caught the numpty attaching the wheelclamp to your car, done a PNC and found he should not have been doing what he was, potentially, he could have been looking at a trip to custody and, possibly, a charge under Section 5, Criminal Attempts Act 1985 (Interfering With A Motor Vehicle).

Although some legal professionals may appear to have a taximeter running where their fees are concerned, a good legal professional is worth their fees, which you should claim back from the local authority and bailiff company should you have cause to proceed further than a free 30-minute consultation.

[KDK]

Re: Bailiff clamped wrong vehicle on my private land

Thanks very much for your reply Bluebottle.

Out of interest, elsewhere someone has pointed me towards the Protection of Freedoms act 2012, section 54. Do you think this is applicable in this case?

http://www.legislation.gov.uk/ukpga/...ion/54/enacted

[CleverClogs]

Re: Bailiff clamped wrong vehicle on my private land

Out of interest, elsewhere someone has pointed me towards the Protection of Freedoms act 2012, section 54. Do you think this is applicable in this case?

http://www.legislation.gov.uk/ukpga/...ion/54/enacted

No, as the ba:censored:rd bailiff would claim he had lawful authority to seize what he recklessly believed to be the debtor's motor car

[bluebottle]

Re: Bailiff clamped wrong vehicle on my private land

Thanks very much for your reply Bluebottle.

Out of interest, elsewhere someone has pointed me towards the Protection of Freedoms act 2012, section 54. Do you think this is applicable in this case?

http://www.legislation.gov.uk/ukpga/...ion/54/enacted

The Protection of Freedoms Act 2012 applies to Private Parking Companies (PPCs), not certificated bailiffs, who come under the Distress for Rent Rules 1988 and a number of other acts of Parliament. However, both are subject to the law, generally, including the Criminal Law and Civil Law.

[ploddertom]

Re: Bailiff clamped wrong vehicle on my private land

My Thoughts

Yes it was permissible for the Bailiff to take the action he did, most would assume Flat X & Bay X are one & the same. However what he did do wrong was to clamp first without trying to ascertain ownership. I would also try to establish if indeed he left a Notice of Seizure with the supposed correct person. Furthermore despite what they say about not checking ownership this flies in the advice given previously by the LGO in a Focus Report dated 28/11/2012 http://www.lgo.org.uk/news/2012/nov/...half-councils/ - download the PDF (right hand side of page) and read the part about levying on vehicles, there are other similar LGO reports where this has cropped up, http://www.lgo.org.uk/news/2012/jul/...iliff-charges/

As for the compensation offered unless you can negotiate it up then I would say take it as trying to take further action could result in a lower award or none at all - remember the have immediately put their hands up to this and it was just for a small amount of time.

[charitynjw]

Re: Bailiff clamped wrong vehicle on my private land

My Thoughts

Yes it was permissible for the Bailiff to take the action he did, most would assume Flat X & Bay X are one & the same. However what he did do wrong was to clamp first without trying to ascertain ownership. I would also try to establish if indeed he left a Notice of Seizure with the supposed correct person. Furthermore despite what they say about not checking ownership this flies in the advice given previously by the LGO in a Focus Report dated 28/11/2012 http://www.lgo.org.uk/news/2012/nov/...half-councils/ - download the PDF (right hand side of page) and read the part about levying on vehicles, there are other similar LGO reports where this has cropped up, http://www.lgo.org.uk/news/2012/jul/...iliff-charges/

As for the compensation offered unless you can negotiate it up then I would say take it as trying to take further action could result in a lower award or none at all - remember the have immediately put their hands up to this and it was just for a small amount of time.

Hmmmm!

I did/do know that the two are often different - I would have thought that someone in the 'business' of debt enforcement would have come across this situation before.

Another addendum for the training manual, perhaps!

[ploddertom]

Re: Bailiff clamped wrong vehicle on my private land

Hmmmm!

I did/do know that the two are often different - I would have thought that someone in the 'business' of debt enforcement would have come across this situation before.

Another addendum for the training manual, perhaps!

That's as maybe but we all know that some of our friends in the business are not the sharpest tool in the box.

[CleverClogs]

Re: Bailiff clamped wrong vehicle on my private land

That's as maybe but we all know that some of our friends in the business are not the sharpest tool in the box.

Even if they behave like an utter prick?

[charitynjw]

Re: Bailiff clamped wrong vehicle on my private land

Even if they behave like a nutter prick?

I fixed your post for you (just for a change! )

[KDK]

Re: Bailiff clamped wrong vehicle on my private land

Thanks for all your varied opinions and help on this matter.


It seems to me that the council / bailiff did act unlawfully but their defence is that they believed there were acting lawfully based in the assumptions they have made. I guess whether their defence is acceptable is another matter of opinion. I certainly don't think it's acceptable.


Unsure whether to complain further. I am not in this for monetary gain, I genuinely believe the council overstepped the mark in this instance and this should be recognised properly by the council taking the chance to improve their processes.


Looks like stage 2 it is.

[bluebottle]

Re: Bailiff clamped wrong vehicle on my private land

They are certainly liable for reimbursing the OP's lost pay in full as this loss was suffered as a direct result of their acting ultra vires. And other damages would have to be fought on the basis of the extent of the bailiff's recklessness. I would say definitely make sure the OP has his loss of pay made good.

[ploddertom]

Re: Bailiff clamped wrong vehicle on my private land

In some respects you have to look at it another way. Suppose for example you complain to the County Court where Mr Numpty obtained his Certificate. Although what he did was probably wrong was it severe enough for him to have his Certificate taken away. The answer unfortunately is no and the Judge would probably put it down to an error of judgment.

I do agree with you that both Council & Bailiffs should have learned from this sad episode and that procedures should be put in place to restrict it from happening again. To get someone to fight this for you should mean getting your local Councillor(s) on board.

[wales01man]

Re: Bailiff clamped wrong vehicle on my private land

Until someone carries the complaint through the bailiffs will always win aide and abetted by the council,i can see why the OP would not wish to take it further would only hope he gets adequate compensation and feels able to let all those in the council and the councillors what goes on in there name