Previous Owner Tickets

[Sir Vere Brayne d'Emmidge]

Re: Previous Owner Tickets

He had ANPR in his Van

It is mandatory for an ANPR van operator to immediately find out with DVLA if the car belongs to someone else before seizing.

If he did not then he is in serious trouble, as in so deep in it he will drown in his own excrement!

[Sir Vere Brayne d'Emmidge]

Re: Previous Owner Tickets

Thank you for the reply.

Another question, are bailiffs allowed to clamp the car even if it is parked at someone else's driveway - Trespassing?

As long as the clamp is applied lawfully yes, bailiffs can seize defaulters' assetts anywhere in England and Wales. So if you parked your car on private land, but the car is not exempt the bailiff can not be done for trespass.

Obviously in your case no, and yes they could be done for trespass because they had no legal right to do it.

Thanks,

UPDATE - Newlyn acknowledged the receipt of my complaint and advised me to wait 10 days.

I can see Newlyn senior management reaching for the aspirins and the brandy

[Sir Vere Brayne d'Emmidge]

Re: Previous Owner Tickets

The complaint should be made public, via the national press or via a programme on the wireless.

Hear, hear:clap2:

[bizzybob]

Re: Previous Owner Tickets

Hear, hear:clap2: I can see Newlyn senior management reaching for the aspirins and the brandy

Make that the Immodium if the press start sniffing round this sorry tale of bailiff greed and fraud.

[ploddertom]

Re: Previous Owner Tickets

I can see Newlyn senior management reaching for the aspirins and the brandy

Only if not wearing blinkers and earmuffs.

[bluebottle]

Re: Previous Owner Tickets

The complaint should be made public, via the national press or via a programme on the wireless.

I have to agree with you, Cloggy. Using a "Name and Shame" strategy to expose individual bailiffs, bailiff companies and creditors who cross the line is, maybe, what is needed to curb the abuses and excesses being practised by creditors and their enforcement agents.

[Milo]

Re: Previous Owner Tickets

It was only last night that I was aware that the OP had also posted his question on here. He also posted on CAG and the following was the answer that I gave to him. He did not respond. In any event, if my answer helps other that will be good.


At this present time both the DCLG and senior people at the Department for Transport are looking at the way in which bailiffs use ANPR to enforce unpaid parking tickets. Everything is WRONG with this type of enforcement and is made worse by the way in which the enforcement industry continually try to state that the warrant is against a VEHICLE.

NO IT IS NOT !!!!!

The warrant is against an INDIVIDUAL PERSON and the problem that has arisen is due ONLY to the fact that on the warrant is states the VRM of the car !!!! I really do hope that the government stop this dreadful means of enforcement.

Rant over...back to the question:

Sadly, it is going to be very difficult to provide satisfactory advice if you are only able to provide one word answers to queries.

From a GREAT deal of experience, it is the case that individuals that have a lot of parking tickets have been known to "sell" a vehicle to a partner, friend, relative etc in the mistaken belief that by disposing of the asset a bailiff cannot easily enforce the warrants. Even worse, is where a debtor will remove a clamp from a car....hide the car for a few weeks and then "sell" the vehicle.

Whilst it is perfectly legal to "transfer" or 'sell" an asset BEFORE seizure debtors need to be aware that if car has previously been 'seized: (clamped) etc then even if sold, the bailiff may still take the car. This happens very frequently.

Because of the frequency in which assets ( in particular a car) are 'sold' bailiff companies become suspicious as to whether the sale was 'genuine' and it is for this reason that they will require NEW OWNERS to provide sufficient evidence as proof.

In this respect, they will be asking for evidence of a proper receipt, proof of payment, evidence that the car had been advertised for sale and insurance. I appreciate that such evidence can be difficult but I am merely stating the requirements that most bailiff companies will be looking for.

If you are considering a "chargeback" then YES this can be done but a word of warning:

There are simply endless websites that suggest "chargebacks' against credit ( and sometimes debit cards) but the pitfalls of this are that once the bailiff company are aware of the chargeback the warrant will once again be assigned to a bailiff and IF the bailiff locates the car ( by ANPR) it will very likely NOT be clamped and instead, the car will be removed to the car pound. Such action will add significant additional fees to the account ( including storage fee of approx £30 per day).

Furthermore, because of the 'chargeback' it is common for bailiff companies to insist that the car will ONLY be released if payment is made IN CASH.

Let me assure anyone reading this that the above scenario is VERY COMMON INDEED.

I do not for one moment want to worry you but I am merely pointing out the FACTS.

Payment of the PCN is the responsibility of the PREVIOUS OWNER and you can take a civil action against him.

If you can provide any evidence of a genuine sale this would help you a great deal.

PS: The warrant has a "life" of 12 months.

Lastly, have you spoken to the previous owner?

[ainaedil]

Re: Previous Owner Tickets

Now, I received a reply from Southwark after I forwarded emails to CFO.

The reply just mentioned about refund within 15 days and Newlyn to investigate the matter?

No action against Newlyn nor compensation.

[bizzybob]

Re: Previous Owner Tickets

You could send Southwark a Schedule of Loss detailing your costs pursuing the matter stating that as the whole thing was totally unlawful you are considering requesting the police investigate the blatant fraud perpetrated by their agent the bailiff, and his false representations to gain a pecuniary advantage. It might focus their tiny porcine minds.

[bluebottle]

Re: Previous Owner Tickets

I can see Newlyn senior management reaching for the Valium and the brandy

I've fixed your post for you. :grin:

[bluebottle]

Re: Previous Owner Tickets

You could send Southwark a Schedule of Loss detailing your costs pursuing the matter stating that as the whole thing was totally unlawful you are considering requesting the police investigate the blatant fraud perpetrated by their agent the bailiff, and his false representations to gain a pecuniary advantage. It might focus their tiny porcine minds...

...also if it is mentioned the police can and may extend their investigations to include local government officers whose duty it was to ensure Newylns did not behave in an unlawful and/or illegal manner and failed in that duty.

You may also wish to email them a link to that butt plug advert Cloggy posted the other day. You could mention they do special deals for bulk orders. :grin:

[CleverClogs]

Re: Previous Owner Tickets

Now, I received a reply from Southwark after I forwarded emails to CFO.

The reply just mentioned about refund within 15 days and Newlyn to investigate the matter?

No action against Newlyn nor compensation.

That is grossly inadequate - at the least, they should use the Form 5 procedure to get that idiot bailiff's certificate discharged (revoked).

If the matter had been reported in the news media, one might expect a rather faster and emphatic response from Southwark but, if your "cash business" involves the supply of marching powder or other such substances, it would not be difficult to understand why you'd not want to make a fuss. :grin:

[ainaedil]

Re: Previous Owner Tickets

That is grossly inadequate - at the least, they should use the Form 5 procedure to get that idiot bailiff's certificate discharged (revoked).

If the matter had been reported in the news media, one might expect a rather faster and emphatic response from Southwark but, if your "cash business" involves the supply of marching powder or other such substances, it would not be difficult to understand why you'd not want to make a fuss. :grin:

Liked the sense of humor and the attention to the detail

I am waiting for them make further blunders , my email to press is in draft folder, in case they do not take appropriate action!

[bluebottle]

Re: Previous Owner Tickets

Fifteen days to process a refund is taking the p*ss. The maximum time-scale for refund of illegally/unlawfully obtained fees should be no more than 10 calendar days maximum. If they offer a cheque, then they are skating on very thin ice in the legal sense.

[CleverClogs]

Re: Previous Owner Tickets

Liked the sense of humor and the attention to the detail

OK, so if you don't have an honest trade such as the supply of substances, I can only assume that you're a window cleaner. :grin: