Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
eurotanline
Posts: 5
Joined: 30 Jul 2017 15:20

#1 Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by eurotanline » 30 Jul 2017 15:30

Please if anyone can advise would be very greatful. Visited my Marston bailiffs yesterday and a clamp placed on my car until Monday morning when they want hundreds of pounds from me for a £5 dart charge or they will take my car.
I think I have grounds to get the clamp removed (or remove it myself), based on:
- vulnerable person (esa support group and living alone and unemployed but recently started permitted work)
- unable to carry on permitted work without my car.
- have a blue badge as car is primarily used to transport my disabled mum to and from chemotherapy (however wasn't displayed at the time it was clamped).
Can anyone advise where I stand before they return tomorrow please?
Am very worried as this will severely impact me and my mum. Also I was served an eviction notice yesterday after flat sharer moved out and left me to pay the rent so it really has been a bad weekend!
Any help would be gratefully received. Thanks.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Schedule 12 » 30 Jul 2017 18:29

Here’s the three rules that must be followed:
  • Bailiffs may not recover fees from vulnerable people.

    Bailiffs may not take control of goods when the vulnerable person is home alone.

    Creditors must prepare to take cases back from bailiffs when they discover a debtor is vulnerable.

You meet a class of vulnerability because you are unemployed.

If you claim you use the car for work, it defeats being unemployed. Your circumstances on the day of the enforcement step, counts.

This article gives the legal position. http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm

If you are forced to pay fees, you can reclaim them in the smnall claims track. Quote the guidelines in your witness statement. Courts should always follow them. You can appeal when they don't
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

eurotanline
Posts: 5
Joined: 30 Jul 2017 15:20

#3 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by eurotanline » 30 Jul 2017 18:39

Thanks so much for getting back to me.
I am on the bodycam stating that I use the car for work -
Will this go against me? Because I am allowed to do limited permitted work through the esa support group.
I am technically unemployed now though as I was due to do my second shift yesterday so have been let go by my boss. And I never had a contract so was I technically even employed?
I think you are right though, just based on being unemployed (even if only from today) they shouldn't be able to take it should they? I've placed the badge in the window now too so technically they cannot tow it right?
Thanks

User avatar
Pote Snitkin
The Watcher
Posts: 6558
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#4 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Pote Snitkin » 30 Jul 2017 18:43

Go and put the blue badge on display.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Pote Snitkin
The Watcher
Posts: 6558
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#5 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Pote Snitkin » 30 Jul 2017 18:44

Oops, just noticed you already have. Good, well done. :mrgreen:
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#6 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Schedule 12 » 30 Jul 2017 18:55

eurotanline wrote:
30 Jul 2017 18:39
I've placed the badge in the window now too so technically they cannot tow it right?
Thanks
I'm not optimistic that will work. The bailiff will argue the badge was inserted after the car was clamped.

You have stronger ground showing ESA and quoting the law (fees) and guidelines (withdrawal from enforcement).
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

eurotanline
Posts: 5
Joined: 30 Jul 2017 15:20

#7 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by eurotanline » 31 Jul 2017 00:42

Just want to say thank you for your responses.
I have all the paperwork ready for their revisit tomorrow.
Finger's crossed. I will let you know how it goes!

luxardo
Posts: 52
Joined: 14 May 2016 15:27

#8 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by luxardo » 31 Jul 2017 08:39

  • Bailiffs may not recover fees from vulnerable people.

    Bailiffs may not take control of goods when the vulnerable person is home alone.
Are you saying a bailiff can not clamp the car of an unemployed person ? Under no circumstances ?

User avatar
Pote Snitkin
The Watcher
Posts: 6558
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#9 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Pote Snitkin » 31 Jul 2017 09:00

No, he's saying if a person who has been identified as vulnerable is the only person present then the bailiff must not enforce.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#10 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Schedule 12 » 31 Jul 2017 10:26

luxardo wrote:
31 Jul 2017 08:39


Are you saying a bailiff can not clamp the car of an unemployed person ? Under no circumstances ?
In Kazakhstan, anything is possible.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

eurotanline
Posts: 5
Joined: 30 Jul 2017 15:20

#11 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by eurotanline » 31 Jul 2017 11:19

Well that was weird!
I'd informed the bailiff by text message yesterday that I believe she had wrongly clamped my car and asked if she was aware my car has a blue badge etc etc
Waited up all night for her return which was at 7am this morning.
Watched her pull up, very quickly remove the clamp.and then get back in her van and drive off! Didn't reply to my text, call or attempt to knock at the door. Almost like she was purposefully avoiding me.... isn't it supposed to the the other way round??
So I swiftly got in my car to drive away and there she was parked round the bend. Made no attempt to signal me and hasn't attempted to contact me since.
What's going on here? Very bizarre! Why would she not have knocked to reclaim the debt?

User avatar
Pote Snitkin
The Watcher
Posts: 6558
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#12 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Pote Snitkin » 31 Jul 2017 12:49

That's the power of knowledge.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#13 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Schedule 12 » 31 Jul 2017 15:40

Probably saw this thread and I would be given the job of drafting the claim. It's one-way trip once the claim is filed at court. Bailiffs won't take the risk now, so they cut their losses and move on.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Pote Snitkin
The Watcher
Posts: 6558
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#14 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Pote Snitkin » 31 Jul 2017 16:02

byot.png
You do not have the required permissions to view the files attached to this post.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#15 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Schedule 12 » 31 Jul 2017 17:19

Have you seen Newlyn lifting an HP car, or Marston breaking in recently?

It MIGHT be because they learned the painful way.

Newlyn lost over £60K for lifting a VW. They could have settled for less than 3K.

Marston forked out over £10k defending a bailiff brought in for breaking a £23 Yale lock. They could have settled for under £500.

Don't mess with a trumpet. On eBay, £109. Take it, and that is under £1350 if the owner is a school music teacher. Marston paid the cost of representation in an Interpleader claim, £3500 plus trumpet.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

eurotanline
Posts: 5
Joined: 30 Jul 2017 15:20

#16 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by eurotanline » 01 Aug 2017 01:35

Sorry, you guys lost me after the trumpet picture... what have I missed? The debt is still there so I assume they will be back to gain entry (which is fine, I have nothing of value), just don't understand why they avoided me today. Did they do something very wrong by placing the clamp? Should I say something? I have photos and of course she has the whole thing on her bodycam. I wasn't planning to complain as it feels like it would be pointless to be honest however it's always good to have some leverage if they do come back!

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#17 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Schedule 12 » 01 Aug 2017 07:30

Sorry, the trumpet was an in-joke between us.

The bailiff avoided you because he realised he clamped a disabled person's car, and he cannot recover fees from disabled people.

The case is a lost cause for the bailiff. The only outcome he is unable to earn commission, and if he attempts, he risks months of litigation for breaching provisions of the Schedule 12 enforcement procedure.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Pote Snitkin
The Watcher
Posts: 6558
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#18 Re: Please help! WARNING OF IMMOBILISATION. Have blue badge but wasn't displayed.

Post by Pote Snitkin » 01 Aug 2017 07:51

Absolutely no forced entry for a traffic debt.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Post Reply