IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
bailiffs took my car
Closed Thread
Views: 3,732
Thread Tools Search this Thread Display Modes
# 1
zarrah
Old 02-06-2012, 3:26 PM
MoneySaving Newbie
 
Join Date: Jun 2012
Posts: 8
Default bailiffs took my car

Bailiff have seized my car for unpaid parking tickets incurred by the previous owner, and the bailiffs wont release my vehicle without full payment and i just dont know what to do as i cant make the payment i have sent all the proof they have asked for but they still dont want to release the car without payment (log book,hand written receipt signed by the previous owner) they keep asking for a valid insurance from the date of purchase which i dont have, this all happen so quickly i didnt have time to insure the car, (only had the car for 2 days)
please help thank you.
zarrah is offline
Report Post
# 2
HappyMJ
Old 02-06-2012, 3:33 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Oct 2007
Location: East Midlands
Posts: 13,687
Default

Call the police and register it stolen. As it was not insured was it off road? It doesn't have to be SORN'ed you would have have a few weeks to either SORN or insure it.
HappyMJ is offline
Report Post
# 3
Coupon-mad
Old 02-06-2012, 3:45 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: May 2006
Location: Sussex by the Sea
Posts: 28,003
Default

Quote:
Originally Posted by zarrah View Post
Bailiff have seized my car for unpaid parking tickets incurred by the previous owner, and the bailiffs wont release my vehicle without full payment and i just dont know what to do as i cant make the payment i have sent all the proof they have asked for but they still dont want to release the car without payment (log book,hand written receipt signed by the previous owner) they keep asking for a valid insurance from the date of purchase which i dont have, this all happen so quickly i didnt have time to insure the car, (only had the car for 2 days)
please help thank you.

Post on pepipoo quickly and you should get an answer soon:

http://forums.pepipoo.com/index.php?showforum=60

Or pay a tenner to register on bailiffadviceonline (great specialist bailiff advice given to posters before!).
Ticket in a private car park in England/Wales?... DON'T PAY IT BUT DO NOT IGNORE IT- the advice changed in 2012/13!

CLICK on '>Parking Tickets, Fines & Parking>' end of the small blue 'Home>Forums>' link, top of the page, to see current threads.
Do NOT read older advice to ignore, unless it was in Scotland or NI.
Coupon-mad is online now
Report Post
The Following 2 Users Say Thank You to Coupon-mad For This Useful Post: Show me >>
# 4
muckybutt
Old 02-06-2012, 4:48 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Sep 2009
Posts: 3,432
Default

I concurr with coupon mad
pepipoo or bailiffadviceonline
You may click thanks if you found my advice useful
muckybutt is offline
Report Post
# 5
peter_the_piper
Old 02-06-2012, 6:14 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Jan 2004
Location: sunny sussex
Posts: 17,366
Default

What the hell has insurance got to do with the bailiffs? You have proved your ownership, its down to then to sort out the previous owner, they just hope you will cough up instead.. Echo above re bailiffadviceonline.co.uk .
Sorry, normal service will be resumed shortly.
peter_the_piper is online now
Report Post
The Following 2 Users Say Thank You to peter_the_piper For This Useful Post: Show me >>
# 6
give them FA
Old 02-06-2012, 8:15 PM
PPR
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2012
Location: anywhere I choose
Posts: 2,927
Default

I would advise the cowboys, sorry, bailiffs, that unless your car is returned immediately, you will hire one and send them the bill to be enforced by action in the County Court if required. It should be obvious to them you are not resposible given that the warrant will be in the previous owner's name.
give them FA is offline
Report Post
The Following 2 Users Say Thank You to give them FA For This Useful Post: Show me >>
# 7
bob_32
Old 03-06-2012, 12:17 AM
MoneySaving Convert
 
Join Date: May 2012
Location: Warwickshire
Posts: 16
Default bailiffadviceonline

I notice in this website that they have some confusion over the PCN accronym.

STEP BY STEP GUIDE IF YOU HAVE RECEIVED A BAILIFF'S NOTICE FOR A PCN.

A Bailiff cannot enforce an unpaid Parking Charge Notice unless his company is in receipt of a valid Warrant of Execution. The Traffic Enforcement Centre will give authority the the council for them to issue a warrant and if the bailiff company wishes, they can send you a letter to advise that payment is required. This is not a requirement but, if a letter is sent they can charge a letter fee of 11.20 plus vat (13.16). If you do receive a letter then our advice would be to pay the sum requested as quickly as possible.


I assume they mean Penalty Charge Notice?
bob_32 is offline
Report Post
The Following User Says Thank You to bob_32 For This Useful Post: Show me >>
# 8
give them FA
Old 03-06-2012, 12:59 AM
PPR
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2012
Location: anywhere I choose
Posts: 2,927
Default

Yes, a Penalty Charge Notice as issued by a Council. A lawful charge.

Private companies often use the same acronym, but in their case it usually equates to Parking Charge Notice.

They do this deliberately in the hope that you will confuse the two, and therefore think that it has some validity, whereas it does not and cannot be enforced.

All part of the "impersonation of authority" scamming process!

Not sure where you saw the above quote but it is most definitely wrong and should have read "PENALTY" not "PARKING".
give them FA is offline
Report Post
The Following 2 Users Say Thank You to give them FA For This Useful Post: Show me >>
# 9
bob_32
Old 03-06-2012, 1:10 AM
MoneySaving Convert
 
Join Date: May 2012
Location: Warwickshire
Posts: 16
Default

not able to post whole links yet as I am a newbie but it was here:

http://ww
w.bailiffadviceonline.co.uk/removalnotice-pcn.htm
bob_32 is offline
Report Post
The Following User Says Thank You to bob_32 For This Useful Post: Show me >>
# 10
esmerobbo
Old 03-06-2012, 6:00 AM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Nov 2008
Location: Liverpool
Posts: 4,289
Default

Pepipoo or bailiffadvice online is your best bet as advised, but was it a contrived purchase, or had it been levied before you bought it?
esmerobbo is offline
Report Post
The Following 2 Users Say Thank You to esmerobbo For This Useful Post: Show me >>
# 11
Tilt
Old 03-06-2012, 12:21 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Posts: 2,480
Default

Quote:
Originally Posted by zarrah View Post
Bailiff have seized my car for unpaid parking tickets incurred by the previous owner, and the bailiffs wont release my vehicle without full payment and i just dont know what to do as i cant make the payment i have sent all the proof they have asked for but they still dont want to release the car without payment (log book,hand written receipt signed by the previous owner) they keep asking for a valid insurance from the date of purchase which i dont have, this all happen so quickly i didnt have time to insure the car, (only had the car for 2 days)
please help thank you.
Well if you were driving it without insurance, you were liable to get it seized anyway. If the old bill had of clocked you by ANPR, that's exactly what would of happend.

I see this differently... karma.
PLEASE NOTE
My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
Tilt is offline
Report Post
# 12
give them FA
Old 03-06-2012, 12:29 PM
PPR
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2012
Location: anywhere I choose
Posts: 2,927
Default

It's an aside to the query, but insurance is the one essential for a car and should all be fixed up BEFORE you drive it.....
give them FA is offline
Report Post
The Following User Says Thank You to give them FA For This Useful Post: Show me >>
# 13
taffy056
Old 03-06-2012, 12:30 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2007
Location: Wales
Posts: 4,806
Default

Quote:
Originally Posted by Tilt View Post
Well if you were driving it without insurance, you were liable to get it seized anyway. If the old bill had of clocked you by ANPR, that's exactly what would of happend.

I see this differently... karma.
You are making an assumption here, you don't know if this person was driving the car without insurance, he could have a full comp insurance on another car and drive it third party as its insured by the seller still, or it could have been parked on the seller's driveway waiting for it to be collected.

How else would they have known to tow the car from the person buying it, I presume they have different addresses.
taffy056 is offline
Report Post
The Following User Says Thank You to taffy056 For This Useful Post: Show me >>
# 14
peter_the_piper
Old 03-06-2012, 12:32 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Jan 2004
Location: sunny sussex
Posts: 17,366
Default

It does not say the car was on the road, let alone being driven, even if it was its of no concern to the bailiffs. Had it been the DVLA/police then it would be important but as it is (assuming not a fiddle to avoid bailiffs) they have no right to ask for insurance. It should be returned to the same place it was taken from and in the same condition it was in before they took it.
Sorry, normal service will be resumed shortly.
peter_the_piper is online now
Report Post
The Following User Says Thank You to peter_the_piper For This Useful Post: Show me >>
# 15
Tilt
Old 03-06-2012, 12:36 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Posts: 2,480
Default

Well perhaps the OP can expand on the insurance issue then.
PLEASE NOTE
My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.

Last edited by Tilt; 03-06-2012 at 12:38 PM.
Tilt is offline
Report Post
# 16
Tilt
Old 03-06-2012, 12:37 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Posts: 2,480
Default

Quote:
Originally Posted by taffy056 View Post
You are making an assumption here, you don't know if this person was driving the car without insurance, he could have a full comp insurance on another car and drive it third party as its insured by the seller still, or it could have been parked on the seller's driveway waiting for it to be collected.

How else would they have known to tow the car from the person buying it, I presume they have different addresses.
In know the word 'IF' is a small word, but it was in there non the less.
PLEASE NOTE
My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.

Last edited by Tilt; 03-06-2012 at 12:41 PM.
Tilt is offline
Report Post
The Following 2 Users Say Thank You to Tilt For This Useful Post: Show me >>
# 17
give them FA
Old 03-06-2012, 1:01 PM
PPR
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2012
Location: anywhere I choose
Posts: 2,927
Default

I do think the insurance issue is irrelevant. The OP could not drive it as an extension of his own comprehensive cover if it was his, you can only drive a car not belonging to you. Yes indeed, that is assuming it was on the road at all.

If the car had not been levied on by the bailiffs then there was nothing to stop the owner disposing of it to prevent that happening.

The OP can always take them to court on an interpleader to return his property.
give them FA is offline
Report Post
The Following User Says Thank You to give them FA For This Useful Post: Show me >>
# 18
vax2002
Old 03-06-2012, 1:09 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Location: The Rhubarb triangle...
Posts: 6,805
Default

You need to serve a NOTICE OF WARNING upon the Bailiffs, a solicitor will be able to draft the letter for 30 ish, it will warn the bailiffs and place them on notice that they have seized goods they have no lawful right to hold and lay out very clearly a list of expenses occurred daily by them doing so, this can be a hire car, taxis, bus fares, the depreciation of the vehicle and a flagrancy charge for ignoring the notice.
Once served the Bailiffs will become liable for any costs lost through their actions and the OP is entitled to be placed in a position that does not leave them any worse than before.
If they refuse to return the vehicle by the same way they took it, then then charges continue, its their money.
Contact a local solicitor.
But first makes sure the vc5 is dotted and crossed and the dates pre-date the seizure.
vax2002 is offline
Report Post
The Following User Says Thank You to vax2002 For This Useful Post: Show me >>
# 19
Tilt
Old 03-06-2012, 1:16 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Posts: 2,480
Default

I'll stick to my opinions in post 11. IF the OP was driving the car without the appropriate minimum insurance cover, then as far as i'm concerned, the bailiffs have prevented further offences being committed and the possibility of some poor sod being involved in an accident with the OP.

So sorry, but I do think the insurance is relevant.

HOWEVER if the OP had magically managed to transport the car away from the seller and keeping it off road for those 2 days while getting the insurance sorted, then as the OP has apparently already provided sufficient proof, he/she should notify the bailiffs that they have wrongly levied on the car where the warrant has no connection with him/her and as such requires them to release it otherwise it will be considered to be stolen and reported accordingly. Perhaps the bailiffs may require to check that the car is adequately insured before releasing it.
PLEASE NOTE
My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
Tilt is offline
Report Post
The Following User Says Thank You to Tilt For This Useful Post: Show me >>
# 20
give them FA
Old 03-06-2012, 1:28 PM
PPR
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2012
Location: anywhere I choose
Posts: 2,927
Default

Tilt, in no way am I condoning driving without insurance. But as regards the subject of this thread it is a side issue and there is no evidence the OP did anything wrong on that score.

Indeed, I take Taffy's point that the car probably remained on the original owner's premises, otherwise how would the bailiffs have located it?
give them FA is offline
Report Post
The Following User Says Thank You to give them FA For This Useful Post: Show me >>
Closed Thread

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT +1. The time now is 11:13 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 22 October 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

TuneChecker Top Albums

  • ED SHEERANX (DELUXE EDITION)
  • STATUS QUOAQUOSTIC (STRIPPED BARE)
  • SAM SMITHIN THE LONELY HOUR (DELUXE EDITION)

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.