Car clamped due to previous owner's Debt

[bizzybob]

Re: Car clamped due to previous owner's Debt

Is the car still clamped on the road? If so you are immediately and automatically going to be done for keeping an uninsured and untaxed vehicle on the public highway.

[wales01man]

Re: Car clamped due to previous owner's Debt

Is the car still clamped on the road? If so you are immediately and automatically going to be done for keeping an uninsured and untaxed vehicle on the public highway.

But the car his not his according to the Bailiff

[bizzybob]

Re: Car clamped due to previous owner's Debt

But the car his not his according to the Bailiff

From Chetna's initial post: "My Car was clamped due to a debt owned by previous owner while I was parked on the road near St. John's wood on the 13th May."

V5 is in Op's name, so it will be DVLA who chase him for car untaxed on the public road. The Screwlyn muppet and LB Harrow should be subject to a severe tolchocking by MOJ imho

[Chetna]

Re: Car clamped due to previous owner's Debt

Exactly my point. Even after proving that the car is mine, the bailiffs have kept it clamped due to someone else's debt then why should I pay for the insurance and the tax if its not mine? This is ridiculous law! They can come and clamp my car for someone else and if I cut the clamp of my own car, I get arrested. While they keepp my car clamped, I have to go hire a car and pay for it while also pay for the tax and insurance of the clamped car because I will be committing an offense. I am so angry and so confused

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Can my friend make a statutary declaration about selling the car to me? If yes what should be the wording? Thanks in advance.
Regards
Chetna

[Chetna]

Re: Car clamped due to previous owner's Debt

Also my insurance will show that the car was insured and taxed until after the date it was clamped. I mean why am I suffering so much!

[teaboy2]

Re: Car clamped due to previous owner's Debt

You could threaten the bailiff company and the Council as a co-defendant with legal action for unlawful trespass to property (Car) and unlawful interference with goods and sue them for all financial loss (including a fixed sum daily charge for each day the car remains clamped) you have incurred whilst the car was clamped. Pointing out it is for them to prove the car is not owned by you, its not for you to prove you own the car, despite already providing them with copies of the V5 showing your the registered keeper, and therefore the likely owner. And point out they have the means to check the ownership details of the car with DVLA.

[Milo]

Re: Car clamped due to previous owner's Debt

Hello Everyone.

My Car was clamped due to a debt owned by previous owner while I was parked on the road near St. John's wood on the 13th May.

Next day I was asked to send a proof of ownership. I sent the V5 document and also told that I had bought this car 2 years ago from my housemate. Since then the car has been taxed, MOT'ed and insured by me.

I was also asked the insurance certificate. When I sent that I was told that they have check with my insurance company and that the insurance does not exist. It clearly shows in MIB records that my car is insured. I called up my insurance company (Admiral) and aked why they said that, I was told under no circumstances they will share anything about my car or the policy holder with a third party unless I give them a written consent.

I am confused how they claimed to get info from my Insurance. The Newlyn bailiffs are now asking me for a written consent to be able to contact my insurance company for any info they may need which I have refused because they lied and threatened me and have caused me so much in convenience. I have told them I will only share that info with the Police or the Court.

Its been 10 days and they are refusing to accept the V5 doc as the proof of ownership and insisting on insurance company access. However I have challeneged that the insurance is not a proof of ownership either because the owner may not necessarily be on the insurance so does that mean they will take the insurer as the owner.

I have contacted the council who after much pressure sent me the court order which says the LB of Harrow as the applicant and the previous owner as the debt owner, However they have refused to get involved. They are asking me to take legal action against Newlyn but according to my understanding Newlyn are the agents for LB HArrow.

Newlyn has threatend me that they will sell the car by 29th May if I don't give them access to my insurance.

This has caused me so much distress and loss of earnings. I got home at 1.30 am the night my car was clamped. I have reported them to FCA. I have contacted Police to my local MP but haven't had much help. WHy am I being penalised like this?? Do I have no rights? What kind of justice system is this?

How do I get my car back? Can they sell my car? How long can they keep it for? SHould I ask my Insurance company to contact Newlyn? What are my rights? Please help.

Chetna

I have been away for the past week so had not noticed this query sooner.

The reason why some companies insist on the insurance documents is becase there are cases (I had two such cases last week alone) where the new 'owner' has insurance in place allowing the previous owner to also drive the car !!

Can I just ask a few questions:

How much roughly is the car worth and how much did you pay for it?

Does the previous owner still share a property with you?

How much is the debt that the bailiff is seeking to enforce?

Have you been asked to provide any evidence that you have purchased the car tax etc?

You say that the previous owner has been advised to file an Out of Time witness statement. Was this on the basis that he had not received a Notice to Owner/Parking Charge Notice?

Under no circumstances would I ever suggest issuing a court claim against Newlyn's and in fact, in all cases any legal action should be against the local authority. In this case, LB or Harrow are wholly responsible.

[Chetna]

Re: Car clamped due to previous owner's Debt

I have provided the insurance documents also but Newlyns is claiming that the insurance documents are fraudulent!! I asked them how they came to this conclusion, they told me they contacted my insurance company. When I contacted my insurance company they said they would never share any info about my insurance with anyone. I have challeneged Newlyns to support what they are saying with evidence, they haven't been able to.

Instead asking me to give consent to them so they can contact my insurance company. I have refused and have also challenegd that why they need a consent when they have already claimed to have access to my policy!

The money they are chasing is £200. The car I purchased was for about £500 though it was a lot more then. My fight is not for how much my car is worth but the injustice and the harassment I have been put through.

The previous owner does not live here. Though she is my close friend. She has told the court that she never received the PCN or even when she challenged they never responded. She filed for an OOT application but was asked to instead fill a PE2 and PE3.

I have not been asked to provide a tax receipt for the car.
Regards
Chetna

[Milo]

Re: Car clamped due to previous owner's Debt

I have provided the insurance documents also but Newlyns is claiming that the insurance documents are fraudulent!! I asked them how they came to this conclusion, they told me they contacted my insurance company. When I contacted my insurance company they said they would never share any info about my insurance with anyone. I have challeneged Newlyns to support what they are saying with evidence, they haven't been able to.

Instead asking me to give consent to them so they can contact my insurance company. I have refused and have also challenegd that why they need a consent when they have already claimed to have access to my policy!

The money they are chasing is £200. The car I purchased was for about £500 though it was a lot more then. My fight is not for how much my car is worth but the injustice and the harassment I have been put through.

The previous owner does not live here. Though she is my close friend. She has told the court that she never received the PCN or even when she challenged they never responded. She filed for an OOT application but was asked to instead fill a PE2 and PE3.

I have not been asked to provide a tax receipt for the car.
Regards
Chetna

Thank you for your response. I cannot see how the debt can be as low as £200 given that almost all road traffic debts have a 'starting' figure of around £202 before bailiff fees (which in this case would compromise of a Compliance fee of £75 and Enforcement fee of £235). Can you clarify this please.

On the matter of insurance, neither Newlyn or any other company have 'access' to the insurance companies and instead, they would be relying upon a Motor Insurance Bureau search. Have you considered asking Admiral Insurance whether they would email Newlyn with confirmation of your insurance?

I can also assure you that no bailiff company would be interested in taking a vehicle with a value of around £500. Given that an OoT has been filed then all enforcement is now on hold.

[bizzybob]

Re: Car clamped due to previous owner's Debt

Thank you for your response. I cannot see how the debt can be as low as £200 given that almost all road traffic debts have a 'starting' figure of around £202 before bailiff fees (which in this case would compromise of a Compliance fee of £75 and Enforcement fee of £235). Can you clarify this please.

On the matter of insurance, neither Newlyn or any other company have 'access' to the insurance companies and instead, they would be relying upon a Motor Insurance Bureau search. Have you considered asking Admiral Insurance whether they would email Newlyn with confirmation of your insurance?

I can also assure you that no bailiff company would be interested in taking a vehicle with a value of around £500. Given that an OoT has been filed then all enforcement is now on hold.

Surely then the car should be de-clamped, but then this is LB Harrow and Newlyn OP is dealing with.

[Guest]

Re: Car clamped due to previous owner's Debt

I cannot make this any clearer:

Due to the obvious doubt here, a complaint to the council needs to go in and an offer of a CGA needs to be made in the interim period. There is no excuse to continue to deprive you of your vehicle other than to be punitive. If, after that complaint has gone in, the council do not respond favourably, then and only then should court action be considered.

If you have sent a copy of your insurance policy to Newlyns then this should be adequate proof. It shows the policy was taken out before the clamping. Newlyns have no need for anything else. Indeed, here is an extract from a witness statement from Newlyns:

"In response to such claims, Newlyn request 5 classes of documents to enable any such claim to be considered......

...Contemporaneous insurance documentation to support the claim that the vehicle had been purchased on a particular date"

It is not for Newlyns to decide if a policy is fraudulent. You see from their actions that whatever is provided, IN THEIR OPINION, it is insufficient. Don't bother arguing with them-Their "opinion" will always be that they can continue enforcement. Complain to the creditor. If they continue to support Newlyn, they are exposing themselves to further action.

Even if Newlyns skewed opinions were correct, there is still nothing stopping them entering into a CGA whilst the doubt in the ownership is removed. It should be pointed out to the council that Newlyns are simply expressing opinions and not fact.

EDIT: They also ask for "Contemporaneous DVLA documentation"

So whilst the V5 does not provide proof of ownership, Newlyns clearly still pay attention to it. This document on its own is enough to create a doubt in ownership and Newlyns clearly take notice of its contents.

[bizzybob]

Re: Car clamped due to previous owner's Debt

"Even if Newlyns skewed opinions were correct, there is still nothing stopping them entering into a CGA whilst the doubt in the ownership is removed. It should be pointed out to the council that Newlyns are simply expressing opinions and not fact."

Can Screwlyn even enter a CGA with a third party who under DPA should not have debt details disclosed to them? As in Screwlyn clamp my car on road outside my house for next door neighbours debt. can I enter CGA if they refuse all my proofs?

[Guest]

Re: Car clamped due to previous owner's Debt

Yes-As Registered keeper, the OP may enter into a CGA as he/she is clearly in charge of the "premises". (14(1)(c) of the TCG regs. For the purpose of the regulations, "premises" extends to vehicles, vessels, caravans, tents etc.

[Chetna]

Re: Car clamped due to previous owner's Debt

The warrant says £202 which I was sent after i pressurized them. So if they are not going to take away my car which is that cheap then why are they putting me through this? How long can the car stay clamped? I am now going to declare the car off road as I cannot afford to pay the monthly tax as well as the insurance plus pay for my existing travel arrangement.
So do u think everything will stop now? Will they declamp?

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Exactly my point!

[Chetna]

Re: Car clamped due to previous owner's Debt

Lizzy I have written endless emails to the LB HArrow. They have stopped replying after this email on the 19th of May:

Dear Ms Pandey,






Final Response





Taking legal proceedings against Newlyn is the correct route to take if you have evidence that the warrant has been enforced incorrectly. However, adding Harrow as a defendant would not be appropriate as Harrow did not enforce the warrant of execution. If you do have a genuine case, I suggest that you seek suitable legal advice as Newlyn plc will take reasonable steps to recover their costs.





I regret the Council can be of no further assistance and that you must now deal with Newlyn to conclude this matter. For your reference, please see attached a copy of the warrant.





Yours Sincerely,


Mr H Adamji


Senior Enforcement Officer