Bailiffs have clamped Car on private road on PCP Finance.

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Joined: 07 Jan 2018 11:02

Bailiffs have clamped Car on private road on PCP Finance.

Post by Saab0901 » 07 Jan 2018 11:41

My daughters car has been clamped outside our house. The car is in her name (for her to get an insurance history) and she drove it daily for 2yrs before going to University. The car was bought on a personal contract plan. A £500 down payment and a £196 per month with first year insurance ‘free’ (which is why it was so attractive). The contract was taken out on this new Car in May 2014. This May there is a final bulletin payment due. Of £4700. The car is a Fiat 500 Pop. It would raise £4500 if sold privately. The mileage allowance is 10k a year. Current mileage is 62k so already 22k over final allowance if we were to hand it back and not make the final payment. At 0.08p per mile this is £1760 if we hand it back, never having owned it.
The debt is £413 (a Parking fine) that appears on the ‘taking into control’ paperwork
There is another Local bus lane fine taking the total debt to £596 . The bailif is requiring full payment of both debt to release the car.

The car is parked outside my house. My house is rented. It is the gatehouse to a stately Home. There is no designated parking with my property. There is no ‘driveway’ just a long drive up to the big house. The car has been clamped in this Private road which belongs to my landlord. It is very unambiguous. Obviously a entrance to the Estate. There is a church across the road and attendees park exactly where this car is clamped ‘with the Landlords permission ‘ not mine.
To add to this, on Friday lunchtime I received an email to say that All roads are being resurfaced on 8th Jan and could we please make sure cars are moved especially from main drive and entrance.

My daughter ,the owner has been at Uni in The Netherlands since August. She has completed an out of time witness statement for the parking fine when Home (clamped on Thursday went back to NL on Friday) but the other witness statement rejected as it requires a stat. Declaration. I can’t get this done as she isn’t here. The witness statement was done on Friday and acknowledged. Email sent to the council explaining Finance/Private land/ Out of time. Requirement for vehicle to be moved by 8am Monday morning.

What can I do.
They shouldn’t of clamped it because of Finance and Private land. Nonetheless it is clamped and they haven’t removed it.
What can I do ? I cannot pay the fine. I don’t have the money. (I mean this, it’s not that I just don’t want to pay, I don’t have any savings , single mum with 3 kids.) I use this car to get to work. Public transport will add 4 hrs to my daily 2 hr commute.

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Pote Snitkin
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Re: Bailiffs have clamped Car on private road on PCP Finance.

Post by Pote Snitkin » 07 Jan 2018 13:05

Cutting to the chase, if the car's on a PCP then neither yourself nor your daughter own it, therefore it cannot be taken into control (clamped).

Provide evidence of the PCP to the bailiff and the creditor and remind them of the legislation - the Tribunals, Courts and Enforcement Act 2007, Schedule 12, s10:
An enforcement agent may take control of goods only if they are goods of the debtor.
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Schedule 12
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Re: Bailiffs have clamped Car on private road on PCP Finance.

Post by Schedule 12 » 07 Jan 2018 13:08

The car is not the property of the debtor, so the law says they may not take control of it.

The law is paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, (TCEA 2007) which states:
  • An enforcement agent may take control of goods only if they are goods of the debtor.
I find the best way to solve this is to give a Notice of action statting the car is on PCP, give a copy of the agreement and ask them to remove the clamp without asking for a disclaimer to waive your right to bring an action for damages.

Once your damages have been determined, and this depends on the number of days the car is clamped and the cost of your taxis to get to work while you have been deprived of it. You claim the damages by bringing an action under Paragraph 66 of Schedule 12 of the TCEA 2007. If you are not the debtor then you can only bring the action under section 3 of the Torts (Interference with Goods) Act 1977.

The action is always brought in the small claims track. Here is how it's done: ... edure.html

If then bailiff refuses to remove the clamp after the notice of action has lapsed, then you can bring an action for an injunction under Paragraph 66 or Section 3 and apply to the court to order the bailiff to remove the clamp.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


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