Congestion Charge, Bailiffs and the Police!

Craig_Azim

Just thought I'd share my story on here, and get some advice at the same time.

Last week I awoke to someone knocking on the door at 6.10am, it stopped and I presumed it was the postman come early or something.

I went downstairs and there was a letter from Marstons Bailiffs demanding £425 for a congestion charge we knew nothing about.

Anyway, as it turned out I had been in London back in October 09 (My first time in central London and I know I should have seen the signs but I didn't)

After speaking to TFL it was decided that we would complete an Out of Time Stat Dec as we hadn't received anything from them or the Northampton court.

Woke up the next morning to find my car (on HP) clamped.

I called the bailiff telling him the car didn't belong to me and he was breaking the law by clamping a car on HP (He laughed and said he can do what he wants, and he would be back the next day to remove it)

At this time they wanted £650, and within 24 hours it would be nearly £1000 after paying for removal costs.

I go out and lo and behold, some kind chap has obviously removed the wheelclamp. As the Stat Dec had been sent off I knew I had 72 hours before the bailiff was informed and his action stopped, so I went and hired another car and left mine there.

Bailiff called the police! They came and told me I could be arrested for Theft of a motor vehicle and the clamp (It was no-where to be seen)

As the registered keeper was my partner and the fine was in her name, the police couldn't arrest me and I refused to tell them where she was.

Next morning got a call from the police wanting to speak to me about the clamp. The bailiff had received notification to stop all action with regards to the penalty charge, but obviously he still didn't have his clamp back.

I went to the police station and was arrested on suspicion of theft of the clamp.

I was held in a police cell for 5 hours before interviewed (my solicitor advised me to make No Comment) which lasted for nearly 45 minutes!

Was released with no further action, only for this morning the Bailiff banging unbelievably loud on my door waking me up at 6am wanting his clamp back which obviously I don't have! He eventually left after I laughed at him and told him where to go (Play him at his own game)

Basically the moral of this story is if they don't play by the rules, then why should I? Don't be bullied by them (Or the police who seem to believe every word they say whilst having no clue about the law they are meant to enforce)

My question: Does anyone know how long it takes for TFL to either accept the Stat Dec and what will happen then? If they refuse also what will happen?

Sorry for my very long post, got there in the end!

esmerobbo

Love it cant see them getting far with a conviction either, how can they prove who nicked the clamp!

On the stat dec someone who knows more will no doubt be along soon!

This is not you is it?

Craig_Azim

:T As I said to the police, No comment :cool:

anewman

Is it not supposed to be against the law to clamp a car for purposes of recovering debt? Sorry if I am being a bit thick and missed a point somewhere

Banging on your door repeatedly at 6am sounds like just cause for a complaint to the police regarding harassment. Doubt the Police would do anything though, as you say the Police are rather thick when it comes to understanding and applying the law and have more tendency to believe an idiot "bailiff".

Hadeon

Whilst I admire your 'stance', a word of caution is in order here as this kind of situation would not suit many.

Firstly, it shows that the police can & do arrest following complaints of theft/damage to clamps. All they need is reasonable suspicion to effect an arrest which of course is not the same as sufficient evidence to charge & subsequently secure a conviction.

Ok, you were released without further action, BUT you were deprived of your liberty for almost 6 hours, locked in a cell & no doubt had your fingerprints, photo & DNA taken. In addition your premises were probably searched & other premises under your control and/or to which you have access were also liable to be searched.

You are obviously comfortable taking these issues in your stride, however I would hazard a guess that most would not be that 'brave'.

anewman

Hadeon wrote: »

You are obviously comfortable taking these issues in your stride, however I would hazard a guess that most would not be that 'brave'.

Also goes to show the Police think they can force a confession out of you if they keep harassing you long enough (i.e. cell for hours, interview for 45 minutes.) Not quite "Life on Mars" stuff going on but pretty close. 45 minutes must be a figure they work to in cases like this, and I suspect there were lots of offers from the interviewer to end the situation by admitting the offence. They probably expect most people to break after half an hour or something.

esmerobbo

Hadeon wrote: »

Whilst I admire your 'stance', a word of caution is in order here as this kind of situation would not suit many.

Firstly, it shows that the police can & do arrest following complaints of theft/damage to clamps. All they need is reasonable suspicion to effect an arrest which of course is not the same as sufficient evidence to charge & subsequently secure a conviction.

Ok, you were released without further action, BUT you were deprived of your liberty for almost 6 hours, locked in a cell & no doubt had your fingerprints, photo & DNA taken. In addition your premises were probably searched & other premises under your control and/or to which you have access were also liable to be searched.

You are obviously comfortable taking these issues in your stride, however I would hazard a guess that most would not be that 'brave'.

I would agree I think for most it would not be wise!
However I did find the image of the Bailiff coming back for his clamp funny! Even though he was acting within the law! Or was he if the car was the property of the HP company?

Craig_Azim

esmerobbo wrote: »

I would agree I think for most it would not be wise!
However I did find the image of the Bailiff coming back for his clamp funny! Even though he was acting within the law! Or was he if the car was the property of the HP company?

Exactly, he clamped a vehicle that belonged to the HP company, not ourselves. Despite showing him the finance agreement, he was adamant he can clamp and tow away the car. This is of course not the case, and whilst I could have let him do it, and wait for the finance company to demand release of the vehicle, I wasn't prepared for that to happen.

Granted, it wasn't the best of experiences, yes the house and car was half heartily searched, although I think the police were fully aware they wouldn't find anything.

I phoned the police twice because of the bailiffs harassment and the fact he illegally clamped the car on HP but they weren't interested!

I'm sure most would have cracked under the pressure, and in an ideal world I'd have known to pay the congestion charge and paid it, but I didn't, and made the best of a very bad situation!

And regards my question, what will happen with the statuary declaration now?

Thanks

Coupon-mad

Not sure about the stat dec procedure but I know a forum where they do:

see pepipoo forum linky below by Sir Roger...

Copy & paste your thread on a new topic over there if you haven't already, they will see you through this I hope. As it's a congestion charge issue I think you'll be best going with pepipoo advice as there are few posters on here who might be able to help. If it were just an unpaid PCN it would be simpler but a congestion charge...got to be honest, dunno!

Good luck and well done that man. :T (The unknown man who got the clamp off!).

Coblcris

Bailiff Advice Online is the best resource I know.

I am not connected to that site.

Sir_Roger_deLodger

Coupon-mad wrote: »

Not sure about the stat dec procedure but I know a forum where they do:

http://www.youtube.com/watch?v=XAIcdi9niHA

Copy & paste your thread on a new topic over there if you haven't already, they will see you through this I hope. As it's a congestion charge issue I think you'll be best going with pepipoo advice as there are few posters on here who might be able to help. If it were just an unpaid PCN it would be simpler but a congestion charge...got to be honest, dunno!

Good luck and well done that man. :T (The unknown man who got the clamp off!).

Coupon, thats the link to the famous Youtube clip!
Craig, this is the forum you need- http://forums.pepipoo.com/index.php?showforum=30