Is my car exempt from cold hearted bailiffs?

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

I recently read how someone got a locksmith to unlock and it cost them like loads, so people do do it. I prefer if the police removed it but then as stated they will side with the bailiffs and be all up in your business asking one question after another, which no one likes. After all the police are there to serve not intimidate!!

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Very good analogy Wales01man.

And no I have not.

[labman]

Re: Is my car exempt from cold hearted bailiffs?

If someone comes to your hose and boards up the doors so you could not get in would you just walk away after all they have done that illegally the same as if someone clamps your car for my debt?
Has any one known of someone who was not a debtor the bailiff was instructed to pursue who removed a clamp going to court?

Has anyone known of someone who was or was not a debtor who had their doors boarded up?

As I said Vinnie, you can only take so many precautions; at the end of the day if they clamp it, you get photographs and all the evidence you can and take them to court for compensation. If it happened, I'd like to have a chat with someone else on your behalf about redress as well. Try to be positive though - if they've had all of that, they'd be absolutely crazy to clamp the vehicle.

One thing which obviously needs addressing - what is happening about paying the PCN? Dare I ask? :beagle:

[CleverClogs]

Re: Is my car exempt from cold hearted bailiffs?

Obviously if goods do not belong to you, they cannot be taken

See Rule 52(1)(a)

- it would be akin to taking my car to pay your fine.

Just as well, then, that the buggers don't know where you live.

[CleverClogs]

Re: Is my car exempt from cold hearted bailiffs?

I recently read how someone got a locksmith to unlock and it cost them like loads

That's quite unnecessary - a bump key and torsion bar should do the trick!

[wales01man]

Re: Is my car exempt from cold hearted bailiffs?

Labman
You highlight part of my post but don't answer the question in the last part?
What would you personally do if a bailiff clamps your car for someone elses debt?

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

See 52.8(3)(b)

http://www.legislation.gov.uk/uksi/2...4/part/52/made

Obviously if goods do not belong to you, they cannot be taken - it would be akin to taking my car to pay your fine.

Please could you post up any paperwork you have regarding this, ensuring you remove all personal information first.

Thanks.

Hi Labman, the paperwork I have are the credit agreement between my ex and the finance company, and then a letter from the finance company to my ex confirming the credit. I believe these should be sufficient for the bailiffs to ascertain that I am not the legal owner of the car, but simply the registered keeper. Would you agree?

I would rather not attach the documents as trying to blank out personal bits and still challenged as to how to do it. Do you - Labman, or anyone else here reading this know how to do it? I am always open to learning new things! So please do share! Thank you!

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Sir vere, I just responded to Labman forgetting that you had said these documents would suffice. I have now sent this, so it is just a question of them acknowledging it and confirming receipt of it so that they can't say they did not know.

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Labman,
Yes, you can ask! lol!

I will be dealing with that on a separate note with the council. But it would be good to know how can I reduce it back to its original amount? What steps do I need to take? Docs to fill out?

Thank you!

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

I wouldn't even know how to start Clever cloggs! What is a bump key and torsion bar? But good to know. Thank you for sharing!

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

The email I sent for those who may come across this post in the future:

Email: info@equita.co.uk

Dear Karen,
Ref: PUT YOUR REFERENCE

Please find attached important documents for your perusal, information and acceptance.

The documents consist of a Notice of Removal of Implied Right of Access, scanned documents showing proof of 3^rd party ownership of the car you wish to levy the fines against.

Although I am the REGISTERED KEEPER of the vehicle ‘REGISTRATION NO’ the V5C form clearly states this does not prove OWNERSHIP! This car is still on finance; as such, neither you nor anyone from your company have any legal right to use the car as levy towards any cost outstanding to, or created by, either your contractor – the Creditor, or yourselves.

By levying on somebody else's goods or on the wrong vehicle ALL fees must be refunded, page 6 and 7 of 11 of the Local Government Ombudsman report on 29 November 2012

A bailiff seizing goods belonging to another who is not the debtor is endangering the creditor. This is because the creditor is liable for the bailiff company - Rylands v Fletcher [1868] UKHL 1, (1868) LR 3 HL 330; it also means sums paid can be recovered from the instructing creditor. The case of Preston v Peeke [1895] EB&E 336 ruled that claims for wrongful distress must be made against the creditor and the
enforcement officer who acted as the enforcement agent.

And this will be done via all means eligible to me and the owner of the car, including completing a Form 4 complaint quoting the Ombudsman's decision.

In regards to the Notice of Removal of Implied Right of Access, please note this is endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and this notice also prevents a bailiff entering the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753. Thus, any levy over one’s goods claimed by a bailiff is not valid and can be disregarded.

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so s/he is not thereafter acting in the execution of his/her duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256.

In addition to this, a bailiff rendered a trespasser is liable for penalties in tort and the entry may be in breach of Article 8 of the European Convention on Human Rights if entry is not made in accordance with the law, Jokinen v Finland [2009] 37233/07

You may respond to this email correspondence to acknowledge receipt but after that I expect this matter to be closed and all correspondences and/or visits from either you or agents of your company to cease.

Respectfully yours and without prejudice
YOUR NAME

I then attached the documents as stated.

Lets see what the results are! I expect it to be them returning the case to the creditor and them leaving my car alone!!! Either way I will keep you updated.

One last question, do you think I should send this letter with copies of the attached document in the post to them as well? From what I understand the burden of proof of not receiving the letter is on them, so I could send as a back up. What do you think?

Now to go check on my car!!!

[CleverClogs]

Re: Is my car exempt from cold hearted bailiffs?

What is a bump key and torsion bar?

In short, they are crude (but effective) lock-picking tools.

More information can be readily found on YouTube.

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

I will check the link you posted re. the PCN and my next steps to getting it reduced.

[CleverClogs]

Re: Is my car exempt from cold hearted bailiffs?

Notice of Removal of Implied Right of Access

Where did you get the daft idea that such a notice might be helpful?

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Yes, i will call them on Monday and record the call. I missed that suggestion...thank you Labman!