I live in my van and it's been clamped

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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#1 I live in my van and it's been clamped

Post by Anubis » 15 Feb 2018 20:33

I have been living in my van for almost 4 years now which means that I've had tones of parking tickets and this morning the wheel was clamped while I slept inside!!

This van is all my life, all I have on this earth, it's my work and my home. I need to resolve this ASAP.

I have read somewhere that bailiffs can't take your vehicle if it is also your home, but how to prove it? To whom? And how quickly enough before things escalate?

I have also read that I can make a statutory declaration that I was not aware of the proceedings which apparently drops the fine and the fees. Sounds good especially that I don't have a proper mailing address because I live in a van. But which route would be quicker and more guaranteed?

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Pote Snitkin
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#2 Re: I live in my van and it's been clamped

Post by Pote Snitkin » 15 Feb 2018 21:22

You're correct. The Taking Control of Goods Regulations 2013 part 5:
  • Exempt goods: goods which are also premises and are occupied as only or principal home

    5. Where any goods of the debtor are also premises and are occupied by the debtor or another person as the debtor’s or that person’s only or principal home, those goods are exempt goods.
How do you prove it? Well I assume you have your belongings inside so that's a start. You can make a part 85 claim under the Civil Procedure Rules, specifically part 85.8 - https://www.justice.gov.uk/courts/proce ... uted-goods
This would need to be given to the bailiff.

If this is a parking fine then you'd need to complete an Out Of Time appeal - procedure is here > http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm

Forms here > http://hmctsformfinder.justice.gov.uk/H ... t%20Centre
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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#3 Re: I live in my van and it's been clamped

Post by Anubis » 15 Feb 2018 21:38

Thank you for all you have said.

You mean that I just have to show the bailiff that it is my home and assume that he will be aware of the legislation and agree to remove the clamp ? What if he doesn't?

What if i took matters in my hands and grinded the clamp off? And said that him putting the clamp on was unlawful in the first place because it is my home? Would that work?

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Schedule 12
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#4 Re: I live in my van and it's been clamped

Post by Schedule 12 » 15 Feb 2018 21:57

The correct procedure is to apply to the court for an injunction, but as you have no fixed address, you cannot make that application.

Cutting off the clamp would put you at risk of the police arresting you under paragraph 68 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, but every time I have defended a client accused of cutting off a clamp, it has resulted in an acquittal, either at the Magistrates court or on appeal at the Crown court.

Its almost impossible for the police to get a conviction for cutting off a clamp, so any arrest made is known to be made to cause annoyance to the accused and to assist the bailiff re-take control of goods knowing they are exempt goods. That results in months of expensive litigation against the police force, so the arresting officers' Inspector might not be willing to commit to an arrest due to the risk of costs.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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#5 Re: I live in my van and it's been clamped

Post by Anubis » 15 Feb 2018 22:02

I really appreciate your help.
God bless you!

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