Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

[dj0nes]

Hey All!

Hoping you can help me, I have a outstanding issue with Collect Services of an unpaid parking fine which started at £60 and they are now demanding £1058 for.

Anyways to cut a long story short I received a phone call a week ago from a bailiff who had spotted my vehicle on the road and clamped it. I explained to him I don't have the money he was demanding and to be honest even if I did I wouldn't be paying that he said he would be having the car removed, I informed him the car is on finance and actually doesn't legally belong to me (Which is completely true) his response was "legalisations have changed mate I can take it if I want no problem" to that I phoned up the owners of the car and told them and their response was very different saying it's their asset and they don't give him permission to remove it, I rung the bailiff goon back up and told him that and he was having non of it. By this time it was getting late and he had returned to his yard saying first thing in the morning a recovery truck would be on it's way to remove the car.

It just so happened that over night the clamp disappeared into the night, as they do. So I removed the car and parked it a mile away from home. Was contacted later that day by a rather irate bailiff saying he is going to press charges for criminal damage to his clamp and report the car as stolen. This was the last I heard of the matter.

Just to clarify I have never seen this guy even when clamping the car so surely that in itself is an invalid and abandoned levy?

Today I receive a call from finance company saying the car is showing up on the database as a stolen vehicle and advised me to contact the police which I have done by phoning 101, I explained the situation to the bloke over the phone and he said he would pass the information on to the officer dealing with the case and advised me NOT to drive my own car whilst this matter was on going.

Can someone tell me from a legal point of view where I stand in this, are the Police not assisting the bailiff here as from what it sounds like any Tom dick or harry can phone up and report a random vehicle as stolen? From my unqualified and slightly bias view this bounty hunter bailiff is wasting Police time.

UPDATE: Just as I was typing this the guy from 101 came back to me who was really helpful and told me the details of where this was being investigated (My local police station) but he said the bailiff has shown the investigating officer new legalisation (Surprise, it came from the bailiff, no conflict of interest there :tinysmile_twink_t2:...) which makes taking a financed car now LEGAL and I have to take this up with the investigating officer.

Can anyone give me some advice urgently please? I would be really grateful if I had some facts I could show this officer when I go to see him as it sounds he's just been armed with what the bailiff wants him to hear.

[bizzybob]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

If the car is on a HP, or a Contract lease agreement then I don't think the new regulations permit the removal of third party goods, which the car is th.is EA is cruising close to the wind here imho, What part of the regs did he say applied and permitted this did he show to plod. I think we will need to consider your case in detail to ensure you get best advice
You may be best telling the Finance Co that this Collect Services EA is claiming that he can take their property and sell it with no comeback under the new regs (incorrect imho) and see what they say. Put the car in a locked garage for now if you can.

You cvould point the officer in the direction of LB and the stickies outlining the new regulations, and how the Enforcement Industry misrepresent their powers to police on a regular basis.

I will PM bluebottle to look in on this urgently, as he is ex "job"

[dj0nes]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

If the car is on a HP, or a Contract lease agreement then I don't think the new regulations permit the removal of third party goods, which the car is th.is EA is cruising close to the wind here imho, What part of the regs did he say applied and permitted this did he show to plod. I think we will need to consider your case in detail to ensure you get best advice
You may be best telling the Finance Co that this Collect Services EA is claiming that he can take their property and sell it with no comeback under the new regs (incorrect imho) and see what they say. Put the car in a locked garage for now if you can.

You cvould point the officer in the direction of LB and the stickies outlining the new regulations, and how the Enforcement Industry misrepresent their powers to police on a regular basis.

I will PM bluebottle to look in on this urgently, as he is ex "job"

Thank you so much for your quick response, I pretty sure that was the case regarding this as the vehicle although registered to me is not mine to take.

He didn't spout any regs off to me personally but if he did they would have been taken with an almighty helping of salt.

I too am very interested to see what regs he showed the Police I have a sneaky suspicion he showed them the new regulation which authorises clamping of vehicles on public highway and twisting that in his favour conveniently leaving out the bit about that only applying to vehicles belonging to the debtor not a third party.

[dj0nes]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

And yes just to clarify it is on conditional sale so it is effectively an asset of the finance company I only hold the registration and rights to use the car.

[bizzybob]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

I have sent a PM to two senior members to look in, so further help is on the way

[dj0nes]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

Thank you very much Bizzybob, much appreciated.

Regards
Daz

[ploddertom]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

Have you sent Collect Services details of the Finance agreement? If not do so ASAP. The RK or owner is the only person who can report the vehicle as stolen. This EA is talking out of his a**e, Do you have his name and have you checked to see if he holds a current Certificate?

[ploddertom]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

Is there any reason why the original ticket went unpaid?

[bizzybob]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

When you talk to the police, tell them what ploddertom has said regarding reporting the vehicle stolen, and that as it IS on a HP type agreement the duplicitous EA is being economical with the truth and trying to mislead them, he cannot Take Control of it end of nor can he report it stolen , Police should feel his collar for wasting police time but sadly they probably won't.

[bluebottle]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

Behaviour of this nature by EAs really does make me angry - very angry.

An EA must not seize third-party goods for a debt, unless the EA can prove genuine error on their part. In this case, the EA was made fully aware of the status of the vehicle, therefore, he has no excuse.

On a Civil Law level, the finance company could sue the local authority, civil enforcement company and EA under the Torts (Interference With Goods) Act 1977 for Wrongful Interference With Goods. If the EA attempts to remove and sell the vehicle, then it becomes Wrongful Conversion of Goods, at best.

On a criminal level, the EA has opened a can of worms for themselves. By him bleating to the police that you damaged his clamp and stole a car that belongs to a finance company without any evidence that is was you, he has committed an offence relating to the making of false reports to the emergency services. People who make false reports to the police are a menace to society as it wastes time the police could devote to more serious matters and wastes a lot of taxpayers' money. If he has misrepresented the new regulations to the police, then he really is playing with fire. If he succeeds in hoodwinking police officers into assisting him to commit an illegal or unlawful act, any police officers involved could lose their jobs or face prosecution for Misconduct or Misfeasance in Public Office. That is when the police are likely to exact retribution on the EA.

The finance company need to start getting heavy and report this EA to the police as well as give it to the directors of Collect Services in the neck. The finance company should also consider making a complaint against the EA to his certificating court.

[dj0nes]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

Have you sent Collect Services details of the Finance agreement? If not do so ASAP. The RK or owner is the only person who can report the vehicle as stolen. This EA is talking out of his a**e, Do you have his name and have you checked to see if he holds a current Certificate?

I haven't done yet no -- Shall do now. Exactly what I thought as said anyone could report a vehicle as stolen there has to be some regulation, why the Police crumble when it comes to the bailiff's is beyond me, they are pond life who will sell their Gran if it means they get their fees.

His name is Warren Ferrar, he does appear to hold a certificate but is not assigned to a company so I am guessing he's one of them self employed ANPR bounty hunter types.

Is there any reason why the original ticket went unpaid?

It's no excuse but I am unemployed at the moment, and the first I heard of it was when it was at £470 which was already too much for me to pay so stupidly buried my head in the sand which I am not defending at all as it was wrong.

When you talk to the police, tell them what ploddertom has said regarding reporting the vehicle stolen, and that as it IS on a HP type agreement the duplicitous EA is being economical with the truth and trying to mislead them, he cannot Take Control of it end of nor can he report it stolen , Police should feel his collar for wasting police time but sadly they probably won't.

Exactly, I shall explain this however the worrying thing is it is ALREADY marked as stolen so if I go past any Plod with ANPR on board guaranteed I am getting tugged, so basically due to the bailiffs lies I cannot even drive the car as I don't want to risk the embarrassment and possible seizer of vehicle. Agreed, if it was you or me making a false claim of theft we'd be charged but Bailiffs seem to be a law to themself.

[dj0nes]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

Behaviour of this nature by EAs really does make me angry - very angry.

An EA must not seize third-party goods for a debt, unless the EA can prove genuine error on their part. In this case, the EA was made fully aware of the status of the vehicle, therefore, he has no excuse.

On a Civil Law level, the finance company could sue the local authority, civil enforcement company and EA under the Torts (Interference With Goods) Act 1977 for Wrongful Interference With Goods. If the EA attempts to remove and sell the vehicle, then it becomes Wrongful Conversion of Goods, at best.

On a criminal level, the EA has opened a can of worms for themselves. By him bleating to the police that you damaged his clamp and stole a car that belongs to a finance company without any evidence that is was you, he has committed an offence relating to the making of false reports to the emergency services. People who make false reports to the police are a menace to society as it wastes time the police could devote to more serious matters and wastes a lot of taxpayers' money. If he has misrepresented the new regulations to the police, then he really is playing with fire. If he succeeds in hoodwinking police officers into assisting him to commit an illegal or unlawful act, any police officers involved could lose their jobs or face prosecution for Misconduct or Misfeasance in Public Office. That is when the police are likely to exact retribution on the EA.

The finance company need to start getting heavy and report this EA to the police as well as give it to the directors of Collect Services in the neck. The finance company should also consider making a complaint against the EA to his certificating court.

Thank you so much for this, I shall speak to the investigating officer armed with this I will also strongly urge the finance company not to take this laying down at the end of the day they could have potentially lost their car through no fault of their own it's within their interest to take note.

I am fully prepared to fight this and go as far as I can, I don't take kindly to bullies so not going to let this slide.

[dj0nes]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

Update: The investigating officer is on leave until Tuesday, I have spoken to a few people on 101 who have passed me around the houses but no one I've spoken to will do anything about the marker or the situation or the case as it's being investigated by someone else so basically because of the bailiff's lies I cannot use my car until this officer is back.

The best I have got is it's a matter for the court to decide who owns the vehicle as the bailiff is laying claim to it, are they actually serious?? Honestly it's like banging your head against a brick wall how can the Police be so blind and one sided they are actively assisting the bailiff and the officer I spoke to said in plain English if I drive the car it will be recovered to a pound and I will be arrested for driving a stolen car.

[dj0nes]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

I am actually wondering if I should let the bailiff come and take it then sue them?

[bluebottle]

Re: Urgent: Collect Services - Unpaid PCN - Clamped HP Car - Police Involved

I am actually wondering if I should let the bailiff come and take it then sue them?

I would strongly advise you against taking such a course of action. The EA is in the cack enough already.