Bailiff has taken car- advice please

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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busybean
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Joined: 29 Jul 2017 12:52

#1 Bailiff has taken car- advice please

Post by busybean » 29 Jul 2017 12:57

Hi

Just been forced to pay bailiff to get car back..however I was unaware they were appointed or they were turning up. The car just disappeared!

My ex-partners car was removed yesterday from outside my home by bailiffs for an outstanding PCN issued in July 2016. I am the registered keeper, but never been the owner and it is still registered at an old address of mine.

Unfortunately my family has had some horrific circumstances and I have had to flee our home several times due to my life being threatened. Due to very complicated circumstances (more details via PM available) I haven't been able to manage my affairs appropriately, only dealing with emergencies as they occur (daily in my life at present) I also have long term health conditions and I am registered disabled, my children also have health conditions some relating to the trauma experienced.

The PCN in question, I appealed to the LA a long time ago- it was issued for not displaying the clock (blue badge was displayed) on double yellow lines (I think the clock was knocked down by the children or similar). This was rejected, I hadn't realised that I didnt challenge this further. I wrote my representation to the LA from my new address back in July 2016. I was driving the car at the time of the PCN.

I didn't realise this PCN was outstand nor that a bailiff had been assigned. They took the car from my address, the address used to challenge the PCN (not the registered address which hasn't been changed, I will be doing that asap). They didn't clamp the car or put a notice in my letter box. He thought the car had been stolen when he returned from work and when he called the police to notify them, he learnt that the bailiff had taken the car.

He is registered as the main driver and owner and pays his own insurance, repairs, mot, tax etc. I am down as a second driver (as occasional, I may need to use- we have 4 children together).

In order to release the car they wanted £623 and £96 to the storage company for 2 days storage- although they took the car yesterday! I have just paid using my overdraft, as they said they would close at 12 and further daily charges would be added. Is there any way to undue whats happened- challenge the PCN further and if successful get the monies back.

I am also upset that no notice was issued yesterday.

Any advice would be much appreciated.

Thank you

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Schedule 12
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#2 Re: Bailiff has taken car- advice please

Post by Schedule 12 » 29 Jul 2017 13:23

busybean wrote:
29 Jul 2017 12:57
Hi

Just been forced to pay bailiff to get car back..however I was unaware they were appointed or they were turning up. The car just disappeared!

Run this checklist and see if you can apply for an injunction to recover the car: http://beatthebailiffs.org/stop-parking ... ifffs.html

The application is brought under paragraph 66 of Schedule 12 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)

Only the DEBTOR can bring this action.


My ex-partners car was removed yesterday from outside my home by bailiffs for an outstanding PCN issued in July 2016. I am the registered keeper, but never been the owner and it is still registered at an old address of mine.
That proves the warrant of control has the wrong address. The bailiff took the law into his own hands and traced the car to your new address, ambushed you, and took the car.

Enforcement fails, and you can sue for damages:


Unfortunately my family has had some horrific circumstances and I have had to flee our home several times due to my life being threatened. Due to very complicated circumstances (more details via PM available) I haven't been able to manage my affairs appropriately, only dealing with emergencies as they occur (daily in my life at present) I also have long term health conditions and I am registered disabled, my children also have health conditions some relating to the trauma experienced.
Protection for vulnerable people only extends to protecting you from fees and disbursements relating to enforcement. It's not exemption from enforcement unless your blue badge is displayed inside the car.





The PCN in question, I appealed to the LA a long time ago- it was issued for not displaying the clock (blue badge was displayed) on double yellow lines (I think the clock was knocked down by the children or similar). This was rejected, I hadn't realised that I didnt challenge this further. I wrote my representation to the LA from my new address back in July 2016. I was driving the car at the time of the PCN.

I didn't realise this PCN was outstand nor that a bailiff had been assigned. They took the car from my address, the address used to challenge the PCN (not the registered address which hasn't been changed, I will be doing that asap).
That is evidence the bailiff cheated and traced you. He would have known he is not at the warrant address and no statutory notice was given. He has no defence.

It is likely the creditor is unaware you have moved and it was the bailiff took the law into his own hands by performing trace action to find your new address. This policy is in contradiction of paragraph 12 of the Taking Control of Goods: National Standards 2014



They didn't clamp the car or put a notice in my letter box. He thought the car had been stolen when he returned from work and when he called the police to notify them, he learnt that the bailiff had taken the car.

He is registered as the main driver and owner and pays his own insurance, repairs, mot, tax etc. I am down as a second driver (as occasional, I may need to use- we have 4 children together).

In order to release the car they wanted £623 and £96 to the storage company for 2 days storage- although they took the car yesterday! I have just paid using my overdraft, as they said they would close at 12 and further daily charges would be added. Is there any way to undue whats happened- challenge the PCN further and if successful get the monies back.
Two separate payments? The bailiff company must be Newlyn, The storage company is A1 Environmental Ltd.

I don't think I can get you the PCN money back - £203. I can get everything else back, plus:

  • Damages for the loss of availability of the car, £50 a day.

    Expenses paid regarding alternative travel arrangements, taxi, bus, train fares etc - need all receipts

    Disbursements and £19 an hour for your time researching and administering your claim in the small claim track. Typically 15 hours -£285

    Damage caused to the car that is not shown on the bailiff's body cam footage. As quoted by a manufacturer approved repairer.

    Total claim value must not exceed £10,000

I am also upset that no notice was issued yesterday.

Any advice would be much appreciated.

Thank you
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

busybean
Posts: 4
Joined: 29 Jul 2017 12:52

#3 Re: Bailiff has taken car- advice please

Post by busybean » 31 Jul 2017 17:23

Hi Schedule 12,

Apologies for the delay in getting back to you. Thank you for your detailed reply, there is lots of information to take in and I was/still am overwhelmed partly because I have other things to deal with and don't know how I am going to clear the debt. But I am hear facing my fears! ready for action. Would you be able to assist and is there a charge?
Should I start with https://formfinder.hmctsformfinder.just ... rt-eng.pdf ?

I also found out I have a box junction ticket that I was unaware of, bailiff assigned JBL or JBW or something similar

p.s. you were spot on on who the bailiff and storage company was!

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Schedule 12
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#4 Re: Bailiff has taken car- advice please

Post by Schedule 12 » 31 Jul 2017 17:32

TE7 is the wrong form. You need to complete a form PE3 and if it's out of time, complete also a PE2.

Send the completed and notarised forms to tec@hmcts.gsi.gov.uk. It takes about 6 weeks to adjudicate.

You must inspect the car for damage and put in a notice of damage very quickly. Otherwise, the damage will be attributed to you. Here is the checklist: http://www.dealingwithbailiffs.co.uk/truck.html

Once the outcome of the PE3 and PE2 is known, post back and I can help you with the claim for damages. For now, only a Notice of damage is needed. I charge £35 for a telephone consultation. You don't need this until your appeal is done and you have collated your damages, expenses, and I can tell what statutory damages you can recover.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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