Jacobs clamped husband's car for my parking fine

[KateA]

Hi there,

My car, registered in my husband's name has just been clamped by Jacobs for a parking fine December 2012. The bailiff had no warrant, just the usual unsigned printout without a court seal.

I informed him the car belonged to someone else and didn't confirm who I was. The charges are £422 , no breakdown, no bill and the value of the car exceeds the cost by some margin.

He has threatened to come back in 24 hours and remove the car. What are my options in such a short timeframe?

[Guest]

Re: Jacobs clamped husband's car for my parking fine

Hi
Did you receive any of the previous notices prior to the EA visit ?

[Big Al]

Re: Jacobs clamped husband's car for my parking fine

Your husband needs to contact the court, inform them what the bailiff has done and remind them they are responsible for all actions of the bailiff. Inform them the bailiff has no lawful authority to clamp his car for someone else's debt and that he has a lawful reason to remove the clamp. Give them until 6pm.

[Guest]

Re: Jacobs clamped husband's car for my parking fine

Ring the court by al means but I suspect they will just refer you back to the EA .I would not even consider removing the clamp yourself, apart form anything else the bailiff is set to re attend to morrow, so if you have the evidence of ownership he will remove it then.

You will of course still be liable for the debt so the EA will seek to take control of goods even if the car is not applicable.

You should have received at least two notices before the bailiff attended these are statutory notices and have to be sent, have you received them ?

[bizzybob]

Re: Jacobs clamped husband's car for my parking fine

Just a cautionary note, the bailiff is from Jacobs, these are a nasty crowd. He will likely contend your hubby's car is classed as Joint Property under TCGA, so therefore availiable for him to clamp/

[Guest]

Re: Jacobs clamped husband's car for my parking fine

In light of what BB says, I would get your husband to write to Jacobs, enclosing copies of the ownership and also advise them that you can provide evidence of a judges determination (post April 2014), that a spouses car may not be targeted by bailiffs for the other spouses debt. I don't believe that the TCEA does actually authorise bailiffs to target spouses cars-This was just incorrect scaremongering by silly individuals who for some reason are intent on using these message boards to make it as hard as possible for the debtor.

Of course, there is still the matter of the fine to deal with and you will have now incurred an extra £310 in fees. You will need to try to come to some sort of an arrangement regarding this, or possibly just pay it off in one go. That in itself will be enough to get the clamp removed but I'd still create a paper trail for your own benefit, should things turn nasty.

[bizzybob]

Re: Jacobs clamped husband's car for my parking fine

Yes LB there is scaremongering and misinformation out there but, as Jacobs are well known for taking and selling third party goods, they must be dealt with carefully, they will exploit any and every avenue to take the car if they can. Is it on Finance, as in HP or a lease? if so it should be exempt, but Joint Property is a grey area at best.
See this guide, I know it is Sheriffs Office, but their stuff is usualy accurate

http://thesheriffsoffice.com/article...ods-are-exempt

[josephbloggs]

Re: Jacobs clamped husband's car for my parking fine

There is a specific statuatory form for co-ownership of goods.
of course if you are husband and wife it is legal to seize the goods belonging to the spouse.
As far as the warrant goes, court seal, wet signed signature or original warrant not required.

[Guest]

Re: Jacobs clamped husband's car for my parking fine

There is a specific statuatory form for co-ownership of goods.
of course if you are husband and wife it is legal to seize the goods belonging to the spouse.
As far as the warrant goes, court seal, wet signed signature or original warrant not required.

JB

With respect, the car is not co-owned. It belongs to the other spouse. The determination that I have not only states that the car should not have been clamped but that the company involved (Marstons) should give the bailiff additional training in the new regs.

I would be interested to read what piece of legislation permits a bailiff to take control of goods not belonging to the debtor?

[josephbloggs]

Re: Jacobs clamped husband's car for my parking fine

I didnt say goods not belonging to the debtor, i said co-owned. You cant be husband and wife but only when it suits...
The enforcement agent would need to list the vehicle down as well as on the notice after entry or taking control of goods on a highway, but on a seperate inventory document (tce act 2007 sch 12 part 34 (2) )
should the vehicle be removed half the sale value automatically is paid to the co-owner before any other dispersements. (Tce act 2007 part 50(6) )

[Guest]

Re: Jacobs clamped husband's car for my parking fine

I think this is just abuse of the term "co ownership"

This is a parking fine. The bailiff will have details of the wife's car. There is no excuse to clamp another person's car.


A judge has determined that it is wrong. We have to accept his decision and abide by the law

[des8]

Re: Jacobs clamped husband's car for my parking fine

I has always understood that "what's mine is mine" and "what's hers is hers", and that basically there was no law of joint ownership by spouses in UK.
So following this thread I went hunting and found the following on this site http://www.coupleseurope.eu/en/unite...es-it-provide/

2.4 Section 37 of the Law of Property Act 1925 states that 'husband and wife shall, for all purposes of acquisition of any interest in property (…) be treated as two persons', so the general law of property applies. The Law of England and Wales does not even give a spouse the right to be consulted or to veto transactions regarding the family home owned by the other spouse (seeNational Provincial Bank Ltd. v. Ainsworth [1965] AC 1175 and Barclays Bank v. O'Brien [1994] 1 AC 1980).
But it is important to note that the Law of England and Wales distinguishes between legal ownership (the nominal holder of the title) and equitable/beneficial ownership. Hence trust law allows for the acquisition of a beneficial interest even if the other spouse is the legal owner. Generally, it is the legal owner who has the right to administrate the assets, but if the spouse (or another person) has a beneficial interest in the asset that might provide certain limitations.

Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?

England/Wales

In principle each spouse is liable for his/her debt unless special circumstances apply (but see 2.4. above). Only the property of the spouse who has incurred the debt can be used to satisfy a creditor's claim.

[Guest]

Re: Jacobs clamped husband's car for my parking fine

I don't think anyone is suggesting that the levy is valid, however the debt needs addressing also it needs to be established if the ea followed the correct procedure before calling, the op has not responded so I presume they will have.
As said if the ea is calling this afternoon I see little point in writing to anyone at this point ,the advice should be to contact the ea and have the proof of ownership handy .

[Big Al]

Re: Jacobs clamped husband's car for my parking fine

Legislation:
TCEA 2007 schedule 12 (10)
10. An enforcement agent may take control of goods only if they are goods of the debtor.

CAB:
Bailiffs are only allowed to take control of goods which belong to the person named on the notice of enforcement. This will be the person who owes the debt. So, things belonging to your husband or wife, partner, children or lodgers can't be taken. The only exception is if the items are jointly owned by you and another person, in which case the bailiff can take them.

Sheriff's office:
If the enforcement officer believes the goods belong to the defendant, he is able to seize them on paper, in other words, they are seized but not removed (and will remain in situ under a Walking Possession Agreement (now called controlled goods agreement)).

MoJ National Standards 2014:
67. Enforcement Agents should not take control or remove goods clearly belonging solely to a third party not responsible for the debt.


It can't get much clearer - the bailiff cannot take the car.

[Guest]

Re: Jacobs clamped husband's car for my parking fine

i think what is being forgotten here is that is the bailiff is permitted to immobilise vehicle if he thinks it belongs to the debtor it is for the debtor to prove it doesn't