Logbook loan company so levy is invalid.

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Joined: 21 Jan 2014 02:34

#1 Logbook loan company so levy is invalid.

Post by mmiah » 24 Aug 2017 03:20

Hi Guys

Bailiff vehicle with Automatic Number Plate Recognition cameras identified my car as being a vehicle with outstanding parking fines and they clamped it.

I explained to the Bailiff The car is the property of Logbook loan company so levy is invalid.

The car has a Log Book loan of £2000 and car is worth about £5,500.

I have showed them the bill of sale,

Bailiff are still demanding payment?

how can I resolve from this situation and my possible options?

thanks for your advice.

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Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1

#2 Re: Logbook loan company so levy is invalid.

Post by Schedule 12 » 24 Aug 2017 10:24

The taking control of the car fails on multiple counts.

  • ANPR camera was used, which is evident the bailiff has not followed regulations by giving a notice of enforcement (NOE), or the NOE has expired.

    Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) states the bailiff may only take control of goods belonging to the debtor

    You MUST give notice the car has a bill of sale. Paragraph 51 of the TCEA 2007 states title to the car does not pass to a buyer if the bailiff sells it.

You can sue for damages under paragraph 66 of the TCEA 2007 £50 a day for the deprivation of its use because the log book loan contract provides you with a right of use of the car.
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