Car Unclamped!!!

[mott9999]

Hi, my car was clamped in march for non-payment of £180 fine. Fees demanded £300. Car value £150. Bailiff (Marstons), when told to just take car, said he could then pursue me for difference when sold including other costs. When I said ok, go ahead he then left. Today he has unclamped the car, while I watched from inside the house (he could see me!) and posted a note through the door that said he would attend with a locksmith and force entry etc. claiming I had refused entry! He did not even knock and was very gentle with postflap as there was not a sound!. Note is LRCD 12/12. What do you advise? I have had a very bad year and have no money at all!
Thanks!

[bluebottle]

Re: Car Unclamped!!!

The last time a bailiff company, under contract to HMCTS, told lies to court enforcement staff, HMCTS pulled the warrant. I would get straight on to the HMCTS Senior Enforcement Manager for your area and report this. Which county are you in, please?

[mott9999]

Re: Car Unclamped!!!

Norfolk. I understood that the bailiff only got one bite of the apple, he can't then change his "target" - or am I wrong?
And which lie are you referring to?

[CleverClogs]

Re: Car Unclamped!!!

Norfolk.

NFN? :grin:

And which lie are you referring to?

For a start, there's his untruth about claiming costs from you if he had removed your worthless jalopy.

[bizzybob]

Re: Car Unclamped!!!

Norfolk. I understood that the bailiff only got one bite of the apple, he can't then change his "target" - or am I wrong?
And which lie are you referring to?

BB means the lies he will say to the court that you refused him entry and were belligerent with him to get a warrant allowing him to force entry and empty your house, forgetting to tell them he clamped a worthless car, and is going back months after clamping it and wants to bend the rules.

[mott9999]

Re: Car Unclamped!!!

How can I prove 1) he said that 2)I did not deny him entry - he has been twice since the clamping and has failed to knock twice.
His name is Alex Drake btw.
I suspected he was "coming it" , as they say around here, by his inaction.
I could say a bit more but if he or marstons have any sense they will monitor these forums.

[mott9999]

Re: Car Unclamped!!!

Thanks to those that replied. I have been reading other threads and I am lucky that I am healthy, big and "ornery". To those who aren't I feel empathy that events conspire against them and the councils -our representatives and our employees- are so bloody dim and so bloody-minded. There should be a presumtion of innocence and a presumption ov vulnerability. I am sick of hearing how council employees. on safe incomes and padded pensions have this petty vindictiveness.

[ploddertom]

Re: Car Unclamped!!!

I would guess the Warrant is ready to be handed back seeing as no progress has been made.

[bluebottle]

Re: Car Unclamped!!!

BB means the lies he will say to the court that you refused him entry and were belligerent with him to get a warrant allowing him to force entry and empty your house, forgetting to tell them he clamped a worthless car, and is going back months after clamping it and wants to bend the rules.

That's about the long and short of it, BB.

[bluebottle]

Re: Car Unclamped!!!

You need to email the HMCTS Senior Enforcement Manager tonight. This is the email address ES-dist.list.enforcement@hmcts.gsi.gov.uk

Ensure you mark the email "For Attn. Senior Enforcement Manager". If you require help drafting the email, please ask.

[mott9999]

Re: Car Unclamped!!!

I would guess the Warrant is ready to be handed back seeing as no progress has been made..

What does that mean? How do I defend myself?

[bizzybob]

Re: Car Unclamped!!!

What does that mean? How do I defend myself?

Means the bailiff has got nowhere apart from clamping and failing to remove a motor that if removed would not clear any of the fees let alone the debt, but would actually increase the debt if removed, so is handing it back as a dead loss. However you should contact the court as suggested by BB, and offer payment

[bluebottle]

Re: Car Unclamped!!!

I would explain your current financial situation and, also, that you were unaware of the second fine. Offer to attend the court and swear a Statutory Declaration.

Head the email as follows -

Full Name:
Current Address:
Date of Birth:
Court:
Court Reference:

Then explain the situation to the SEM. On the whole, SEMs are quite helpful. If they feel HMCTS have cocked-up, they will try and sort it out. Also, if they feel the bailiffs have mislead or lied to HMCTS, they can recall a DW. It can also be recalled if it has been issued in error.

If the DW is withdrawn, be aware that Marstons have a nasty habit of continuing with enforcement, even when they know the DW has been withdrawn. Once a DW is withdrawn, a bailiff has no lawful authority to act and would be trespassing if he returned with a locksmith or the police. Where Marstons are concerned, forewarned is forearmed.

[mott9999]

Re: Car Unclamped!!!

I am ashamed to say that I did not take your advice and this morning the bailiff turned up stating he would be back in a week with police and locksmith. I did offer him the keys to the car but he again stated that he did not want them as further charges would ensue and I would be liable for additional charges as a result. (he claims advice on here is wrong - not sure I believe him.) I was also, for the first time, told our conversation was being recorded (I do not know if others were recorded - if done without my knowledge is this legal?) I am still in trouble financially - is there anything I can do at this late stage? Can they take property that is owned in common with my wife or property owned by other family members? I have yet to see any paperwork from the court even though I have asked for it. Any suggestions? I now, of course, wish I had followed your advice earlier.

[mott9999]

Re: Car Unclamped!!!

EMAIL TO SEM:

Date of Birth:

Court:

Court Reference:

Dear Sir,
I recieved another Bailiff visit today re: a clamping order. When I recieved the original visit I was away but on susequent visits I have offered the keys to the bailiff so he might remove the car. This he declined to do. He then removed the clamp and pushed a notice through the door threatening to return with a locksmith. He again returned this morning issuing the same threats, maintaining I had ignored him. He has refused to correspond by email as I asked (I consider texts to be insecure and ephemeral) and has refused to give me any documentation. I am not sure what to do, I have had problems this year that have left me without work and short of money. I am keen to get this problem resolved and have been advised to contact you as someone who can help me.I would be happy to attend court and submit to an assessment. Please could you advise me.