Newlyn Bailiff clamped my car

smallvillekent

Hello

i have moved address nearly a year ago but keep my car parked round my friends house on there drive way which is the two roads from where i used to live. Yesterday i received a call from my friends mother advising that some bloke was on her driveway putting a clamp on my car.

My friends mother approached the gentleman and asked him what he thought he was doing, to which he said there was an unpaid fine in relation to this vehicle. This is the first time this has been bought to my attention and i was completely unaware of having an outstanding fine. After speaking to the baliliff today i found out that the fine originates from Harrow Council for doing a so called right turn when it is not permitted.

this offence took place on 16th july 2010 but I have never received any notifications in regards to this fine as i moved house in Aug 2010 to another address (5 miles away). My V5 document has only been changed in the last week as my car was sorn from Sept 2010 for the last 10 months as it was in the car garage being done up (new body work, complete new colour respray) therefore i didnt send the V5 off for change of address as i would have had to send it off again to advise about the new colour so i thought id wait. The car wasnt on the road so its not as if i could get any parking, speeding tickets etc..

I have completed a PE2 and a PE3 form today and have had them signed off from the local magistrates, i've just emailed scanned copies to Northampton court.

Is there anything else i can do?

The bailiff is demanding £800 to release the clamp which i do not have. Plus my car is worth 18,000 so i sure as hell don't want them to take it.

Any help would be greatly received.

Many thanks

Aaron

Ps..

In case you are wondering why i park my car at my friends its because my car is a replica ferrari and attracts a lot of attention. If i parked it where i now live it would get vandalised or stolen.

Coblcris

The bailiff must now release the clamp and cease enforcement - assuming the declaration has been registered by the TEC.
And assuming that the bailiff actually follows the rules. Sad to say many don't so I recommend that all contacts with bailiffs are recorded whether face to face or over the telephone.
When you talk to the bailiff (while recording) ask them "Are you acting as a Private Bailiff or a Court Bailiff ?" If they reply "I am a court bailiff" then repeat the question as they have not answered.
And keep recording.

The fees seem way too high. Get a copy of the warrant. Get a copy of the fee breakdown.

vax2002

Jack the car Remove one of the un-clamped wheels and put it in the boot or better still in the house , put locking nuts back in tight, one from each wheel, keep the locking wheel nut key safe then secure the driveway with a lock and chain.

smallvillekent

Thanks for the input guys.

current update:
TEC have issued for the warrant to be suspended, i have spoken to Harrow council and they have advised that they have received it and will not challenge my Statutory Declaration.

So i have spoken to the Newlyn Bailiffs and they still will not release the clamp off my car. The lady i spoke to at the bailiffs really got on my nerves, she was obviously on some sort of power trip.

Why are they such ar*e holes..... :mad:

I never received one notice from them, my car was parked on my friends drive way which is private property and they still had the cheek to clamp it....

vax2002

smallvillekent wrote: »

Thanks for the input guys.

current update:
TEC have issued for the warrant to be suspended, i have spoken to Harrow council and they have advised that they have received it and will not challenge my Statutory Declaration.

So i have spoken to the Newlyn Bailiffs and they still will not release the clamp off my car. The lady i spoke to at the bailiffs really got on my nerves, she was obviously on some sort of power trip.

Why are they such ar*e holes..... :mad:

I never received one notice from them, my car was parked on my friends drive way which is private property and they still had the cheek to clamp it....

Right you can cut it off one you have conformation its suspended , you have given them fair chance.

Sirdan

smallvillekent wrote: »

Thanks for the input guys.

current update:
TEC have issued for the warrant to be suspended, i have spoken to Harrow council and they have advised that they have received it and will not challenge my Statutory Declaration.

So i have spoken to the Newlyn Bailiffs and they still will not release the clamp off my car. The lady i spoke to at the bailiffs really got on my nerves, she was obviously on some sort of power trip.

Why are they such ar*e holes..... :mad:

I never received one notice from them, my car was parked on my friends drive way which is private property and they still had the cheek to clamp it....

One last thing to try ..ring the Council and remind them that leaving the clamp on is unlawful.
As Newlyn are acting on behalf of the Council ask the Council to TELL their agent to remove said clamp asap
If they refuse remind them that they are legally liable for their agents unlawful actions and as such it is the Council who will end up in Court as well as Newlyn.

Get names and record if possible ..if they refuse, cut off the clamp.
Expect that the Old Bill may be contacted to investigate as a matter of criminal damage.

You will need to show them that the clamp remained on unlawfully and that Newlyn and the Council knew this therefore they are quite possibly guilty of malicious allegation and wasting Police time.

HOWEVER by strict definition the act of cutting off could fall under "criminal damage" .

Don't forget to contact your MP and the local press as well just for good measure. Make sure the Council know you are doing this ...

Coblcris

Instruct the council to instruct the bailiff to remove the clamp forthwith.
Now that the enforcement is stopped you may want to remind the council of tortious interference with goods and reserve your right to pursue the council for remedy as the bailiff is operating as a Private Bailiff and is thus an agent of the council and so the council bears the liability.
Do not ask any questions, do not offer anything, merely instruct them.

Do both on the same written correspondence, hand delivered ASAP with stamped dated timed and signed proof of receipt by the council.

I would still go after the 'warrant'.
I would not cut off the clamp unless I was sure I knew the appropriate defence to a claim of criminal damage.

If you must deal with these people by phone, as you just have, record all the calls. Did you do that ?
I strongly recommend the instructions to the council be given in writing as I described. You will have created an unrebuttable Notice served on the council making any subsequent tort action much much easier. Why do you think they like you to use the telephone ?
Remember Tony Blair's comment on the written legal advice he was given on the Iraq War - "Why is this in writing", as a lawyer he is very familiar with the deniability of, or lack of recollection of, 'conversations'. But written evidence is undeniable.

martyn05

Get a locksmith to remove the clamp, no damage to their property, pay the locksmith, then send them a letter asking for reimbursement of fees paid before handing their clamp back !!

Coblcris

The clamp should be removed by now if the poster moved quickly to instruct the council (e.g fax of had delivery this a.m.)
Only the council can call of the bailiff, that is the TEC cannot as the TEC does not issue any warrant.
The council may say they can't or that you have to call the bailiff and the bailiff may say 'pay up'.
When I say may its very probably a will.
The reason for this apparent 'confusion' is that the council may have to reimburse the clamper and they do not want to. the clamper merely wants the money and so goes 'deaf'.
Both are just after the money and may care little for following the rules.
record any phone calls, especially any with the clamping company.
Unless this was done today the poster may face a weekend without the use of the car, it may be possible to add that to any following tort action against by the council.

Instruct the council clearly. Remind them of tortious interference with goods.

smallvillekent

Council nor bailiff are playing ball.

Had a conversation on Friday with a council individual who obviously gets a kick out of having power over people, he wasn't helpful in any way what so ever and came across more like a bailiff rather than an council employee.

This individual started to preach to me saying that i should have done this and should have done that. Not one thing he said do i have to do legally and at this point i was getting rather annoyed and advised him that he is talking absolute rubbish and i wanted to record the conversation. To which he promptly said he will hang up! He also advised that without even having the hard copy of my Statutory Declaration he is going to reject it.

As it stands now- The TEC have advised that this is frozen so nothing can be further actioned at this point ie.. take my car away etc..

its all down to the council to accept my Statutory Declaration, to which i really don't think they are going to do if this person i spoke to on Friday gets hold of the paper work.

My relationship is being pushed to the limits with my friends parents, they want the car off there drive way ASAP!! and keep messaging me every day.

The whole process is getting on my nerves... all parties are just money hungry thieves:(...

smallvillekent

martyn05 wrote: »

Get a locksmith to remove the clamp, no damage to their property, pay the locksmith, then send them a letter asking for reimbursement of fees paid before handing their clamp back !!

I spoke to a lock smith... he said he could remove it by either picking the lock or cutting the padlock off.

I said id look at what type the lock was as if he has to cut it i could do that, but also that is a very last resort as that is classed as criminal damage isnt it....

Or does that just apply to the clamp...