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

[bizzybob]

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

The EA could end up at Jobcentr+ very soon, if not getting a night in the cells for his potential wasting police time, amongst other possible offences.

[dj0nes]

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

The EA could end up at Jobcentr+ very soon, if not getting a night in the cells for his potential wasting police time, amongst other possible offences.

He certainly deserves it!

Today I am going to contact the Police and record the call to find out exactly who reported the vehicle as stolen and under what authority are more importantly who in the Police accepted the car as being stolen.

I've asked the finance company to make communications with Collect Services directly which I hope they do seeing as they could have potentially lost their asset in this I would like to think they would have an interest in this.

Also coincidently my local paper run a story this morning about enforcement action in the borough which the council leader has promised to review so I have written to him too.

[Wombats]

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

He certainly deserves it!

I think that is fair comment. However, please do not be mislead into thinking this EA is going to be losing his job over this or spending time in the cells, it won't happen and is not really a good thing to be suggesting to you.

Your priority should be an email and hard copy letter to the enforcement company, copied to the Council with proof of ownership - your HP agreement would be the best thing to enclose.

Also, contact the finance company and ask them to email both council and enforcement company to do the same.

This should do the trick.

[bluebottle]

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

Which police force is involved dj0nes?

[dj0nes]

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

Which police force is involved dj0nes?

Hi Bluebottle, it's the Met.

Cheers

[bluebottle]

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

Hi Bluebottle, it's the Met.

Cheers

Say no more. They're already in a pickle over roadside operations with the likes of Whyte & Co and Newlyns, both bailiff companies. It sounds like the Met is going to be in for a rough ride over their relationships with the civil enforcement industry.

The finance company sounds like they're doing what they can to help, albeit that they're trying to protect their asset.

[Wombats]

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

Many police forces are watching what is happening with the Met with interest. Being the biggest force in the UK it is clearly one which, when faced with the challenges it has been, make other forces reflect on their own operation. The suspension of the joint bailiff / police ANPR roadside operations has been a major result to date, though occasional ones are still being spotted, despite the letter.

As you say, the owners need to get their asset back and the OP, as the potential future owner and user of the vehicle, clearly wants it back asap. They've already been advised on the best considered practice to do this and hopefully we'll see a post saying the vehicle has been released.

[bizzybob]

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

Hopefully the Met will realise any report the vehicle is stolen is vexatious and advise the EA to desist. Perhaps on receipt of copies of the agreement the EA will rescind any Control Of Goods order.

[bluebottle]

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

Many police forces are watching what is happening with the Met with interest. Being the biggest force in the UK it is clearly one which, when faced with the challenges it has been, make other forces reflect on their own operation. The suspension of the joint bailiff / police ANPR roadside operations has been a major result to date, though occasional ones are still being spotted, despite the letter.

As you say, the owners need to get their asset back and the OP, as the potential future owner and user of the vehicle, clearly wants it back asap. They've already been advised on the best considered practice to do this and hopefully we'll see a post saying the vehicle has been released.

What you say is very true, Wombats. When the Met gets pulled up about something, other police forces stop to draw breath. I would never be surprised to see all seizures of goods where police have been involved in some way reviewed to establish the lawfulness of the seizures and whether liability can be attached to police forces in the circumstances.

[bluebottle]

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

Hopefully the Met will realise any report the vehicle is stolen is vexatious and advise the EA to desist. Perhaps on receipt of copies of the agreement the EA will rescind any Control Of Goods order.

If he doesn't, I can see the Met inviting him in for a "meaningful conversation". If he doesn't release the vehicle, he is a bigger fool that I thought he was and it may well be a case of him signing-on for JSA.

[dj0nes]

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

Update: Had a phone call from a officer from the Met, he was actually really nice and helpful he was just ringing up to establish my side of the story to which I told him.

The clampers are coming in to the station on Tuesday to make a statement regarding the theft of the wheel clamp (I'd like to see them prove that it was me, I know nothing!) and the subsequent theft of the car.

I shall keep you all updated, thanks so much for the advice so far.

Coincidently I received through the post a "Taking control of goods (on a highway) and inventory of goods taken into control" letter from Collect Services today, some two weeks after they made the illegal levy.

[bluebottle]

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

Update: Had a phone call from a officer from the Met, he was actually really nice and helpful he was just ringing up to establish my side of the story to which I told him.

The clampers are coming in to the station on Tuesday to make a statement regarding the theft of the wheel clamp (I'd like to see them prove that it was me, I know nothing!) and the subsequent theft of the car.

I shall keep you all updated, thanks so much for the advice so far.

Coincidently I received through the post a "Taking control of goods (on a highway) and inventory of goods taken into control" letter from Collect Services today, some two weeks after they made the illegal levy.

It should be interesting to see what the EA puts in their statement. If it bears no relation to reality, then the EA will be in a pickle. If, on the other hand, the EA's bottle goes and he declines to make a statement, which is a possibility, it is going to bring into question his initial allegations.

As for Collect Service sending an inventory some two weeks after their EA clamps a vehicle that is third party goods, I cannot help thinking it is an act of desperation. They know what the rules say and, I suspect, they know their EA has blundered.

[Guest]

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

Think this is current
http://www.hmrc.gov.uk/manuals/dmbma...655240.htm#top
Conditional sale and hire purchase (HP) agreements

HP and conditional sale agreements are very similar. A conditional sale agreement means that, as long as the purchaser complies with its terms, ownership will pass to them once the final instalment is paid.
HP agreements differ slightly in that ownership does not normally pass to the buyer unless and until buyers take out an option to purchase the goods and the final payment has been made. Although some HP agreements allow the buyer to dispose of the asset before the final instalment is paid, ownership and title has not passed to the buyer until the final payment has been made.
If you were to seize and sell goods subject to HP, HMRC could be liable to the civil offence (tort) of conversion so it is practice not to seize goods subject to HP.

[bluebottle]

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

Think this is current
http://www.hmrc.gov.uk/manuals/dmbma...655240.htm#top
Conditional sale and hire purchase (HP) agreements

HP and conditional sale agreements are very similar. A conditional sale agreement means that, as long as the purchaser complies with its terms, ownership will pass to them once the final instalment is paid.
HP agreements differ slightly in that ownership does not normally pass to the buyer unless and until buyers take out an option to purchase the goods and the final payment has been made. Although some HP agreements allow the buyer to dispose of the asset before the final instalment is paid, ownership and title has not passed to the buyer until the final payment has been made.
If you were to seize and sell goods subject to HP, HMRC could be liable to the civil offence (tort) of conversion so it is practice not to seize goods subject to HP.

The finance company in this case are sticking to their guns as to ownership. Also, the EA and civil enforcement company know the rules as regards seizing third-party goods. It is normally a case of "know or ought to know".

[bizzybob]

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

Either way they are digging a big hole for themselves