Car Clamped - Magistrates Court Fine (Not Mine)

[Jasper William]

Hi everyone,

As if my year could get any worse!

When I woke this morning and went to put the bin out there was a notice on the front of my car (on driveway) clamped - don't move etc etc.

I have just called the Bailiff (Excel) and gave my name etc - he seemed confused and I asked why he had clamped my car. He asked if anyone else lives here - yes 2 daughters - 1 away in Uni.

Appear that 1 daughter got fines whilst driving my car and hasn't paid - the 1 in Uni (obviously not discussed with me because of the stress I have been going through with everything else)

I asked the Bailiff if it was legal to clamp my car (I can prove my identity, have the log book and finance docs) and he said yes the Court has said to seize the car as she was driving it at the time so obviously had permission. Is this correct? he has given me till close of business today to pay £1045 which he said is fines only or he will tow the car and then sell at auction.

I have been physically sick this morning - haven't been able to go to work as I can't get there - what a mess - is there anything I can do?

thanks

JW

[ploddertom]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

Ask him if he will provide a copy of the clamping order for that specific vehicle? He is only entitled to seize the goods of the debtor. You should provide proof of ownership and demand they release the vehicle - if not then you would be entitled to claim any expenses incurred for deprivation from whoever issued the ticket - Council I assume.

[bizzybob]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

If the car was yours irrespective of who was driving and there was no issue of non compliance with a Notice To Owner over a speeding ticket, then as it is not your debt the bailiff cannot levy YOUR property for her debt, he is imho a lying toerag. Under DPA he cannot discuss the debt with you I would phone his office and demand the removal of the clamp.

Other Beagles will no doubt be along soon

What were the fines or did the bailiff indeed hide behind data protection and refuse to say, merely saying he can have your motor for them?

[bizzybob]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

Do as ploddertom suggests do it now as Excel will compound their unlawful action and probably tow it away later today.

[Jasper William]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

Hi, he did give me some info on the phone but nothing that I think would breach DPA other than it was a fine for my daughter (I had given both daughters name) and he told me the amount of the debt.

The fine was driving without insurance - it had expired by 48 hrs and hadn't automatically renewed. I thought she was dealing with the fine.

My daughter isn't even in the country at the moment - off doing something with Uni (I told him this) but of course if she has a fine to pay then of course I will try to clear it for her - wouldn't want anyone to go through the stress that I do.

Have spent the last few hours phoning around relatives to see if I can raise some money but nothing as yet

The Bailiff said on the phone that the notice is for seizure of that particular car (there were 2 on the drive at the time) so he did chose the one that she was driving at the time she was stopped.

He said that the court had issued a warrant for seizure of that vehicle as despite it being mine I must have given my permission for her to be driving it.

Thanks for all your advice - will ask for a copy of the seizure notice now.

JW

[Jasper William]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

I have just spoken to Excel - all ORIGINAL documentation is with the Bailiff and therefore they can't provide me with anything and due to data protection etc etc - so unhelpful - told him the Bailiff had already broken DPA but telling me how much to pay and that my daughter hadn't paid it.

He told me if I wanted to complain then I would need to write in.

He said that my daughter had an interest in the vehicle and they can take it because she drove it - is anyone safe out there?

I said I have an interest in the vehicle so I should be entitled to see any court order which states they can take it.

He told me to call the Bailiff and ask to see it - well if I do that and it is valid (don't know if this is at all possible) then they would take it there and then as I have yet to get the funds together.

Where do I go from here ?:tinysmile_cry_t:

[ploddertom]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

I have just spoken to Excel - all ORIGINAL documentation is with the Bailiff and therefore they can't provide me with anything and due to data protection etc etc - so unhelpful - told him the Bailiff had already broken DPA but telling me how much to pay and that my daughter hadn't paid it.

He told me if I wanted to complain then I would need to write in.

He said that my daughter had an interest in the vehicle and they can take it because she drove it - is anyone safe out there?

I said I have an interest in the vehicle so I should be entitled to see any court order which states they can take it.

He told me to call the Bailiff and ask to see it - well if I do that and it is valid (don't know if this is at all possible) then they would take it there and then as I have yet to get the funds together.

Where do I go from here ?:tinysmile_cry_t:

.
What a load of cobblers & other similkar expressions. The Bailiff is trying to tell you the Court have issued a Clamping Order for the vehicle - if so why didn't he clamp it earlier? As said previously the Bailiff may only seize the goods of the debtor, anything else & he risks a 3rd Party Claim. I think you will find they are hoping you are going to pay it all in full for her.

Bailiffs & their back office staff just make it up as you go along.

[CleverClogs]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

The salient fact to remember is that bailiffs tell lies!

The Bailiff said on the phone that the notice is for seizure of that particular car

Lie!

The fine can only be enforced against a person - the motor car is entirely innocent.

He said that the court had issued a warrant for seizure of that vehicle as despite it being mine I must have given my permission for her to be driving it.

He is a liar.

He said that my daughter had an interest in the vehicle and they can take it because she drove it

He is also a liar.

is anyone safe out there?

No - not when such obvious liars are allowed to get away with their extortion.

I said I have an interest in the vehicle so I should be entitled to see any court order which states they can take it.

Correct.

He told me to call the Bailiff and ask to see it - well if I do that and it is valid

I have yet to read of a Court imposing a fine on a motor car.

[Jasper William]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

Update -

I went rummaging in my daughters room and found a letter from the Court so I called them - not a lot they could tell me (DPA) but lady was quite helpful and registered a complaint after I told her the full story (I have a ref for that complaint) she advised that I needed to call Excel back and speak to the Manager there. She also confirmed that the fine was not £1045 but was in fact £745 as noted on the Court letter so when I specifically asked the Bailiff if the £1045 was for the fine and did not include costs he clearly lied to me. The lady at the Court also said that a payment arrangement could be made with the Bailiff (well not me but my daughter could) so when I asked the Bailiff this morning if there was anything that he could do to assist as finding that amount of money at such short notice was impossible he said no - money or remove the car.

I called Excel back and spoke with a supervisor - I explained I hold the log book, finance agreement, insurance and that they needed to produce this Court document which allowed them to clamp this specific car as this would clearly be fraudulent as the Court have not issued this. She wasn't prepared to go into too much detail as she said she certainly wouldn't be breaching DPA.

She then spoke to the Bailiff and explained what I had said - she said for me to call him and he would want to see proof of ownership etc when he attended. Not a problem I said - maybe if he had knocked the door before putting the clamp on then this could have been avoided and I would not have lost a days work for which I intended claiming from them. She gave me the email address so that my daughter could email her permission for me to speak on her behalf. Also told me that I was quite within my rights to complain - oh yes I will be - she can expect it.

I have tried to call the Bailiff - mobile just rings and rings - ridiculous - no doubt I'll have another nightmare day tomorrow

JW

[ploddertom]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

Makes one wonder if the clamp will disappear mysteriously overnight as it does seem a certain person has been caught talking porkies. Probably hoping you know nothing and would not find out.

[bizzybob]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

Makes one wonder if the clamp will disappear mysteriously overnight as it does seem a certain person has been caught talking porkies. Probably hoping you know nothing and would not find out.

Strange how they disappear when a bailiff has been caught trying a dodgy thrutch (fiddle) with a clamp.

[CleverClogs]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

I called Excel back and spoke with a supervisor - I explained I hold the log book, finance agreement, insurance and that they needed to produce this Court document which allowed them to clamp this specific car as this would clearly be fraudulent as the Court have not issued this. She wasn't prepared to go into too much detail as she said she certainly wouldn't be breaching DPA.

But she is apparently content to let her performing pithecine pillock levy upon and threaten to remove a motor car that, being purchased under a finance agreement, belongs to the finance company until the loan is repaid.

[bizzybob]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

But she is apparently content to let her performing pithecine pillock levy upon and threaten to remove a motor car that, being purchased under a finance agreement, belongs to the finance company until the loan is repaid.

That finance agreement of itself if HP or a personal lease would scupper the bailiff anyway, regardless of anything else, and the old chestnut of bailiff can take car, sell and pay finance out of proceeds doesn't hold water either, as the car wouldn't fetch enough to pay the bailiff his fees, some of the debt and pay off the finance, regardless of the issues for the finance company, of breach of contract with the in t6his case third party who would be entitled to have all payments under the agreement refunded.

If the finance company didn't agree then the bailiff would have stolen the car. I think Excel willl have to remove all those juicy fees on their worthless levy.

[suffering]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

get your camera take photos send a email to them saying; i xxxx put you on notice that you have illegally clamped my vehicle registration xxxx i now give you 24 hours to remove the clamp. I will be seeking compensation and i put you on notice that you are being charged £200 a day if you fail to comply with this notice.

[seduraed]

Re: Car Clamped - Magistrates Court Fine (Not Mine)

Speak to the finance company and explain the situation as the car is Theirs until the last payment is made . finance house have hopefully, knowledgeable legal teams and are not likely to to put up with the lies from the bailiff company . double check with the insurance co just to check if they allow a grace period and keep the vehicle on cover . some do . send copies of the email from your daughter; giving you permission to speak on her behalf, to all the interested parties .