SUCCESS £867 payout. Car clamped but not for removal

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Maya_MM
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Joined: 01 Aug 2014 13:04

#1 SUCCESS £867 payout. Car clamped but not for removal

Post by Maya_MM » 01 Aug 2014 13:25

Hi,

I wonder if anyone can help? I will try to bullet point!

- on 13th june (friday) i came home to a removal notice put through my door. No ref or PCN number and no breakdown of fees. I waited untill monday to contact the council to find out what the PCN was, as did not want to get into a telephone conversation with a bailiff.

- car clamped in street outside my house on 16th (monday) morning, for unpaid PCN. Bailiff did not knock, and posted a Notice Of Taking Control Of Goods notice through the door

- at 7.10am I emailed both the bailiff company and the council informing then that the vehichle was subject to finance.

- I heard nothing from the bailiff company. I called the council numerous times and emailed numerous times between the morning of the 16th and the evening of the 17th and eventually paid the PCN direct on the councils website at 17.48 on the 17th.

- The council kept stating that the car was clamped for removal. I kept stating that the car was on finance and requested a copy of the HPI.

-the council finally forwarded a copy of an HPI that they had to request that the bailiff company performed, late afternoon on the 18th, which showed as "no finance". They stated they would proceed to removal.

- I replied with proof of finance agreement late on the 18th.

- On the afternoon of the 19th they finally admitted that the bailiff company had performed another HPI and the car was inded on finance. They stated the clamp would be removed the next day. I demanded it be removed immediately. It was not removed untill around 9am on the morning of Friday the 20th. They stated the bailiff fees would be waived out of "goodwill".

During the course of the correspondence between myself and the council, i stated (on the 18th) the following:

That the car was subject to a finance agreement
That I had not received a Compliance letter
That the levy was excessive - the fees charged were less than £450, the car worth £8000
That the levy was abandoned

I also think that by paying the fine directly to the council on the 17th, I discharged my liability?

One of the biggest issues here is that they stated the car was clamped for removal, yet did not do an HPI until 2 days later, and only when instructed to by the council. It seems to me they clamped the car to chance their arm and see if they could just get the fees out of me?

Also, is the onus on me to prove that the car is on finance or is it on them?

I have had a written response to my complaint to the council, that states the bailiff company acted lawfully, however i was deprived of the vehichle for four days, and had stated the finance status within 90 minutes of the clamping. I incurred numerous costs and loss of earnings.

If any one can help, i would be grateful

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Andy
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#2 Re: Car clamped but not for removal?

Post by Andy » 01 Aug 2014 13:35

There was no levy and fees would not apply anyway as the bailiff was non-compliant with the law.
The law says you must be 'GIVEN' a statutory notice of enforcement at least seven clear days excluding public holidays and Sundays before a bailiff starts enforcement.

The law is Regulation 6 of the Taking Control of Goods Regulations 2013 and Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The allowed methods giving the notice are prescribed in Regulation 8 (1)(e).

This is what a Notice of Enforcement actually looks like.

If the notice was not given to you at least seven clear days excluding Sundays and public holidays then all enforcement action that follows is not compliant with enforcement regulations. You can start the formal complaints procedures as shown here

Ask the bailiff company for a tracking number for the Notice of enforcement. If they cannot produce one then use Section 7 of the Interpretation Act 1978 by making a sworn declaration you have not been given the notice. Here is a template Statutory Declaration. It also revokes all the statutory fees the bailiff has charged you. Once you have sworn it in before a solicitor, give copies by email to the council, the bailiff company and by text message to the bailiff's mobile. You can get the council CEO's email address here. Ask the council to cease and disist from continiuing non-compliant enforcement action. If you get fobbed off, speak to the Ombudsman. An enforcement agent may take control of goods only if they are goods of the debtor, Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

As the car did not legally belong to you the bailiff had no business clamping it.
2nd Year University Law Student.

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jasonDWB
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#3 Re: Car clamped but not for removal?

Post by jasonDWB » 01 Aug 2014 13:51

You have a right to claim damages from the council for depriving you the use of the car while it was clamped. The legislation is the Torts (Interference with Goods) Act 1977. Under section 4 (damages) and section 5 (interim relief) of the Act enables a claim in respect of unlawful interference with goods.

Template. letter to help you get started.
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Maya_MM
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#4 Re: Car clamped but not for removal?

Post by Maya_MM » 01 Aug 2014 14:41

Thanks for the quick responses! The council says that the bailiff company say they sent me it and therefore it must have been received?!

Do you mean they actually had to hand deliver it?

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jasonDWB
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#5 Re: Car clamped but not for removal?

Post by jasonDWB » 01 Aug 2014 14:51

No they don't have to hand deliver it. In fact the notice doesn't have to be delivered at all. It has to be GIVEN to you.

The law provides for a list of ways to give you the notice, but the bottom line is if you were not given the notice the everything that follows is revoked.

If you are sure you were not given the notice then you make a sworn statement proving that. There is a fee (about £5) to get it soon before a solicitor and send copies to the council and the bailiff. You have now satisfied your be prudent of proof you were not given the notice.

Here is a Template. sworn statement.
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Maya_MM
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Joined: 01 Aug 2014 13:04

#6 Re: Car clamped but not for removal?

Post by Maya_MM » 01 Aug 2014 15:25

Thank you

Maya_MM
Posts: 6
Joined: 01 Aug 2014 13:04

#7 Re: Car clamped but not for removal?

Post by Maya_MM » 21 Aug 2014 10:34

Ho, i need a little further help with this, if you are able?

I sent the template letter provided by JasonDWB on 1st Aug and have just received a reply.

The amount I stated was owed was £867.

I have received a letter today, which does NOT state "final resolution" that says:

"Whilst you may not agree with my letter dated 17th July, it did cover all points raised and the reaponse was based on evidence provided by The Bailiff Company and legal advice from our own team.

However, our Legal Services team have had the opportunity to do some additional research and discuss this case further with the Bailiff Company to clarify the sequence of events. In order to conclude this matter and in accordance with Civil Provedure rules, I am instructed to offer the sum of £250 in full and final settlement. I can arrange for this to be paid ito you bank account" ... etc etc

I still dont feel this is good enough, will I now have to go down the small claims route?

Thanks

Maya_MM
Posts: 6
Joined: 01 Aug 2014 13:04

#8 Re: Car clamped but not for removal?

Post by Maya_MM » 21 Aug 2014 10:36

jasonDWB wrote:No they don't have to hand deliver it. In fact the notice doesn't have to be delivered at all. It has to be GIVEN to you.

The law provides for a list of ways to give you the notice, but the bottom line is if you were not given the notice the everything that follows is revoked.

If you are sure you were not given the notice then you make a sworn statement proving that. There is a fee (about £5) to get it soon before a solicitor and send copies to the council and the bailiff. You have now satisfied your be prudent of proof you were not given the notice.

Here is a Template. sworn statement.
Hi i need a little further help with this, if you are able?

I sent the template letter provided by JasonDWB on 1st Aug and have just received a reply.

The amount I stated was owed was £867.

I have received a letter today, which does NOT state "final resolution" that says:

"Whilst you may not agree with my letter dated 17th July, it did cover all points raised and the reaponse was based on evidence provided by The Bailiff Company and legal advice from our own team.

However, our Legal Services team have had the opportunity to do some additional research and discuss this case further with the Bailiff Company to clarify the sequence of events. In order to conclude this matter and in accordance with Civil Provedure rules, I am instructed to offer the sum of £250 in full and final settlement. I can arrange for this to be paid ito you bank account" ... etc etc

I still dont feel this is good enough, will I now have to go down the small claims route?

Thanks

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jasonDWB
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#9 Re: Car clamped but not for removal?

Post by jasonDWB » 21 Aug 2014 10:40

You have a right to have back all your losses. Ask them to pay.
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Maya_MM
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#10 Re: Car clamped but not for removal?

Post by Maya_MM » 21 Aug 2014 17:29

I told them it was not good enough, involved copied the Council Chief exec, said they had untill
Close of play or I would start action and surprise surprise, £867 just landed in my account!

Thanks so much for your help, that Template letter really helped!

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jasonDWB
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#11 Re: Car clamped but not for removal?

Post by jasonDWB » 21 Aug 2014 17:45

Thanks for letting us know it all worked nicely in your favour.
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