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Baillifs clamped car but bailliffs letters probably send to old address

Can anyone help?

Two days ago out of the blue we've seen our car clapmped and notice from bailliffs.He called them saying that maybe is a mistake, we change the address and under a new one no warrant of execution or any notice letter about the bailliff visit came.

They reminded him the old ticket from 2008. He realised that he stupidilly forgot about it.
We found now the old PCN as it was sent in 2008, but as we changed address in 03.2009 we didn't receive
no letter from bailliff and no chance to deal with them before clamping.
Is this legal that they clamped car without any letter of intent or call to collect?

Moreover the car is used for my boyfriend who is self employed tradesman and need it to do his job.

ANY ADVISE what to do next?
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Comments

  • Coblcris
    Coblcris Posts: 1,862 Forumite
    They are not allowed to distrain tools of trade which includes his van.

    It is probable that the warrant is expired, did anyone look at it ?

    I am not a bailiff expert, you need one.
  • DaveF327
    DaveF327 Posts: 1,160 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If the bailiff is an non-certificated one acting on behalf of a private parking company, just get some tools and cut the thing off.

    If it's a council PCN, then follow Coblcris's advice.
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    It may be a private bailiff exploiting an out of date council warrant.

    A bailiff expert is needed.
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    edited 9 June 2010 at 10:40PM
    Have you received any paperwork headed "notice of seizure" or something along those lines, listing the car concerned as seized against a debt.

    If there is such a notice, goods can only be taken from the debtor - I'm sure if you think about it you'll remember how the car was purchased by a trusted friend or relative a few days before the seizure, and they will be happy to swear an oath to that?
    If you don't stand for something, you'll fall for anything
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    Coblcris wrote: »
    They are not allowed to distrain tools of trade which includes his van.

    That might not mean what you think it means.
    A bailiff can't seize tools of trade, as you say.
    That includes "My Car, for I am a taxi driver, and this is my taxi".
    It does not include "Well it's a pain in the hoop getting to work if I don't have my car. I have to take 2 buses and everything!"
    If you don't stand for something, you'll fall for anything
  • "Have you received any paperwork headed "notice of seizure" or something along those lines, listing the car concerned as seized against a debt."

    No, no any letter from bailliffs on the new address. I found the old PCN from 2008 but nothing from bailliff.
    I supposed they sent it to our old address...
  • Should we send letter to Bailliff company asking for explanation or to Local Authority... We'd like to pay but not the amount which they suggested now - something around £1000 for one unpaid ticket.
    As I checked on internet it should be around £170 for the first visit and for us it's the firts one

    Original Parking Ticket:£100.If paid within the discounted period of 14 days: £50. If unpaid, original debt of £100 increases by 50% to:£150 Court Fee: £5Warrant of Execution amount:£155 The amount of £155 is passed to the bailiff to collect. If you pay on receipt of a first letter you should pay: £168.16If you pay when a first visit is made you should pay: £222.84
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    Margaret42 wrote: »
    "Have you received any paperwork headed "notice of seizure" or something along those lines, listing the car concerned as seized against a debt."

    No, no any letter from bailliffs on the new address. I found the old PCN from 2008 but nothing from bailliff.
    I supposed they sent it to our old address...

    Well if you haven't seen it then it hasn't happened.
    Anyone can clamp cars in the street and claim to be a bailiff.
    If you don't stand for something, you'll fall for anything
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    That might not mean what you think it means.
    A bailiff can't seize tools of trade, as you say.
    That includes "My Car, for I am a taxi driver, and this is my taxi".
    It does not include "Well it's a pain in the hoop getting to work if I don't have my car. I have to take 2 buses and everything!"

    "my boyfriend who is self employed tradesman"

    Contact the TEC tomorrow first thing. Ask them when the charge was registered and when the warrant was issued - you will need the PCN number. They are most helpful.
    Report back with that information.

    Contact a bailiff expert.
  • how long warrant is valid?
    one year? longer?
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