Car clamped by bailif

jen_br

Id be ringing the police saying some crazy guy has clamped the car... youhave NO idea who he is and NO idea what he is ranting about.... be funny strange for both DVLA and Council to go after using same company.

BringtheStoneshome

I would be reporting the incident to the police as a criminal offence under the Human Rights Act (i.e. restricting your right to work because you can't get there or something). If they decided not to intervene then I would be contacting my MP and just about anyone else that could get involved (these companies do not like adverse publicity.

If I still got no joy (although I am a bit hotheaded) I would be off work for a week, round at the bailiffs place locking their gates and causing maximum disruption until they removed their clamp (which I would be attempting to damage/remove bit by bit each day). If you follow a bailiffs car and then let their tyres down while they are hassling someone you have not committed an offence because there is no damage (this was recently documented as what the police said when finding another excuse not to deal with !!!!!! disrupting a decent person's life).

MyLastFiver

BringtheStoneshome wrote: »

I would be reporting the incident to the police as a criminal offence under the Human Rights Act (i.e. restricting your right to work because you can't get there or something). If they decided not to intervene then I would be contacting my MP and just about anyone else that could get involved (these companies do not like adverse publicity.

If I still got no joy (although I am a bit hotheaded) I would be off work for a week, round at the bailiffs place locking their gates and causing maximum disruption until they removed their clamp (which I would be attempting to damage/remove bit by bit each day). If you follow a bailiffs car and then let their tyres down while they are hassling someone you have not committed an offence because there is no damage (this was recently documented as what the police said when finding another excuse not to deal with !!!!!! disrupting a decent person's life).

This is the worst "advice" I have ever seen on this forum.

ziggy25_2

Ok so she called Westiminster council this morning and their response is call the bailif and sort it out with the bailif. :mad:

She then called the bailif's company and their response is exactly as the council's response :mad:

We ended up having to call the bailif. The bailif was really difficult to have a conversation with. She explained the situation that she needs more information about the fines and that she wanted the references for the fines so that she can investigate further and his response was "Dont fvcking ask for references". Is he allowed to talk like that? He said that he has been in field for 10 years and that we are just wasting our time. "We will not win this" were his exact words.

He said that he comes from the magistrates court but when asked which court and the court reference number he said that he does not have to provide that information.

Anyway eventually when she insisted that she refuses to have any dealings with the bailifs unless she gets the references to the parking fine the bailif gave us 2 references. It appears that the speeding ticket was a mistake on his behalf. There is no speeding ticket. Its just 2 parking fines.

Now that we have these two reference numbers, what exactly can we do now to get more information about them. The council are not really interested because when we phoned this morning they said we have to deal with the bailif.

Isnt there something we can do to stop this harrasment while someone investigates the issue?

RAS

Bour best bet in getting this sorted is to get in touch with Sheila at http://www.bailiffadviceonline.co.uk/ or google tomtubby she helps out on a very well known action group web site (the latter comment from someone else.

Check that web-site as your friend may be able to do an out of time declaration if she did not receive the letters. She can at least ask which road and at what time the tickets were issued.

ziggy25_2

RAS wrote: »

She can at least ask which road and at what time the tickets were issued.

Yes that is exactly what we are hoping for. At least find out what road, what date and what time the fines were issued.

hallowitch

phone TEC on 0845 7045007 and ask the address and date on the warrant of execution

a parking ticket must have the correct address on it to be enforceable and is only valid for 12 months http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part75.htm#IDAGQKOB

MyLastFiver

ziggy25 wrote: »

Isnt there something we can do to stop this harrasment while someone investigates the issue?

Sorry if I've missed something but is the car still clamped?

I would have grown tired of this Kafka-esque nightmare by now. Somebody has clamped your friend's car, and has (from what you say) provided no evidence that they have the legal authority to do so.

If I turned up and clamped your car, without providing any legal authority to do so, you would either call the police or remove the clamp with an angle grinder. I would suggest you do the former before you try the latter

Seriously, I would see what The Feds have to say about it.

Herbie21

ziggy25 wrote: »

Ok so she called Westiminster council this morning and their response is call the bailif and sort it out with the bailif. :mad:

She then called the bailif's company and their response is exactly as the council's response :mad:

We ended up having to call the bailif. The bailif was really difficult to have a conversation with. She explained the situation that she needs more information about the fines and that she wanted the references for the fines so that she can investigate further and his response was "Dont fvcking ask for references". Is he allowed to talk like that? He said that he has been in field for 10 years and that we are just wasting our time. "We will not win this" were his exact words.

He said that he comes from the magistrates court but when asked which court and the court reference number he said that he does not have to provide that information.

Anyway eventually when she insisted that she refuses to have any dealings with the bailifs unless she gets the references to the parking fine the bailif gave us 2 references. It appears that the speeding ticket was a mistake on his behalf. There is no speeding ticket. Its just 2 parking fines.

Now that we have these two reference numbers, what exactly can we do now to get more information about them. The council are not really interested because when we phoned this morning they said we have to deal with the bailif.

Isnt there something we can do to stop this harrasment while someone investigates the issue?

Philips enforce unpaid PCN's on behalf of City of Westminster and it is almost certain that all statutory notices had been either incorrectly addressed ( DVLA have many thousands of registrations with wrong addresses) or otherwise, all notices could have been sent to a previous address.

What must be done IMMEDIATELY is to call the Traffic Enforcment Centre on 08457 045 007 and ask them to confirm the address on the warrant and you need to ask them as well whether City of Westminster have applied to CHANGE the address.

Before ring TEC you need to have the PCN number. For this you will need to ring the Westminster Parking Office and quote the vehicle registration number.

If you had not received any statutory notices, then you will need to file Out of Time Applications with the Traffic Enforcement Centre. All enforcement will then CEASE until the application has been determinded.

ziggy25_2

MyLastFiver wrote: »

Sorry if I've missed something but is the car still clamped?

I would have grown tired of this Kafka-esque nightmare by now. Somebody has clamped your friend's car, and has (from what you say) provided no evidence that they have the legal authority to do so.

If I turned up and clamped your car, without providing any legal authority to do so, you would either call the police or remove the clamp with an angle grinder. I would suggest you do the former before you try the latter

Seriously, I would see what The Feds have to say about it.

Yes the car is still clamped.