Removed Clamp now what

smallvillekent

Hello All,

My car tyre was flat so i changed the wheel, i just happens that the wheel i changed had a clamp attached to it by a bailiff for unpaid PCN.

During the changing of the wheel the local police turned up and questioned what i was doing. I explained i was changing my wheel and that i wasn't committing an offence as i wasn't damaging the clamp, to which they agreed.

After chatting with the police they said they were happy with what i was doing and would not get involved as i hadn't committed an offence.

So now the wheel has been removed with the clamp attached, what should i do next?

This is what i have done...

I have put my own padlock (combination lock) on the chain on the clamp and secured the clamp and the wheel behind the property where my car was clamped.

I have called and emailed the bailiff company this morning and notified them that the clamp is there, they didn't want to listen to me as they said they would not deal with my case and i have to speak to the actual bailiff. I then contacted the bailiff and advised him of the clamp. To which he seemed pretty annoyed and said that i have committed an offence.

Have i committed an offence...?

I have video and photo footage to show the clamp has not been damaged in any way and that it has been securely locked up ready for them to collect it. this is so i don't get dome for theft as i have no intention what so ever in keeping the clamp even though my wheel is attached.

I'd rather loose my wheel!.

Would you say that i have done the right thing or should i do something else to back myself up..?

I have offered to pay money to the bailiffs, but bailiffs being bailiffs are greedy and not reasonable so i would rather my car be safe than to lose it to them when i have offered to pay back money... Plus my case is being reviewed as i filed an out of time witness statement...


whats your views...?

many thanks

gordon2

If you took the wheel and clamp away with you and put it in your garage how would anyone know where it was?

If you had done that without contacting the clamping company it would have just been a mystery but because you did I suppose they could go to the police to report their clamp stolen.

RENEGADE_2

Let's look at this one logically.

Of course you haven't committed an offence. If the police never picked you up, it can't have been bad.

You may have violated the law in another way, but only such that the matter be dealt by adjudication.

Obviously, don't destroy the clamp. I've never looked at one thoroughly. If you can remove it by dismantling it (screws, etc.) then do so. It may be given back to them in bits and pieces but it can be reassembled just as it was taken apart - not broken in other words.

However, IF there were a real reason this happened - and we are talking public land and authorities here - your best bet is to face the matter. If you owe, you owe; they'll get it out of you in the end. If you don't, begin the fightback procedure with the council and the courts. Have it known you are complying with the accusations and not ignoring them and hopefully you should be given some time. As things stand at the moment, you may find bailiffs knocking on your door. Car failed - let's try the property.

Locksmiths can remove the device but it will cost...you need to consider your options here!

peter_the_piper

One question springs to mind, was this a REAL bailliff for the council or a fake one for a private parking company. The options depend on your answer.

AlexisV

You've told the bailiffs what's what, so it's not your problem anymore.

Your problem now is that if it's a real PCN, where are you going to hide your car and what happens when they seize good from your property?

smallvillekent

AlexisV wrote: »

You've told the bailiffs what's what, so it's not your problem anymore.

Your problem now is that if it's a real PCN, where are you going to hide your car and what happens when they seize good from your property?

My car is now parked in a locked and secure private property car park, which is only accessible by a locked gate and has CCTV. It will stay there until this is fully sorted.

The bailiffs do not have my address as currently i am staying at my girlfriends house and they only have my old address... I will communicate with them but they are not having my girlfriends address as im not let them bring there horrible ways to her house.. Plus i don't actually own anything.... even my car i don't own as it is on HP and is leased... the cars just registered in my name..

Thinking about it i own my clothes and a lap top... thats it...

HO87

smallvillekent wrote: »

My car is now parked in a locked and secure private property car park, which is only accessible by a locked gate and has CCTV. It will stay there until this is fully sorted.

The bailiffs do not have my address as currently i am staying at my girlfriends house and they only have my old address... I will communicate with them but they are not having my girlfriends address as im not let them bring there horrible ways to her house.. Plus i don't actually own anything.... even my car i don't own as it is on HP and is leased... the cars just registered in my name..

Thinking about it i own my clothes and a lap top... thats it...

Yes, thank you for all that information but why was your car clamped in the first place? Was it as the result of a Council ticket or a private parking company?

Some bailiff companies use vans equipped with ANPR cameras and might be able to clock your car in the car park - bearing in mind that the stakes are somewhat higher than they were. Private property or not they could well still clamp it and will argue that that they made peaceful entry. For the moment a secure garage migth be a better choice if you have access to one.

RENEGADE_2

HO87 wrote: »

Yes, thank you for all that information but why was your car clamped in the first place? Was it as the result of a Council ticket or a private parking company?

Some bailiff companies use vans equipped with ANPR cameras and might be able to clock your car in the car park - bearing in mind that the stakes are somewhat higher than they were. Private property or not they could well still clamp it and will argue that that they made peaceful entry. For the moment a secure garage migth be a better choice if you have access to one.

"Peaceful entry" will be very difficult in this circumstance - the vehicle is secured behind locked doors and with active CCTV. Bailiffs are known for telling lies but this will be one major task if the cameras are filming.

esmerobbo

Peaceful entry just means they cant kick a door down or smash a window. They can climb over a wall or enter through a unlocked door or window. A lot of bailiffs actually carry ladders in their vans. I bet next time they find the car, the OP wont get the clamps off so easily!

Its not actually too clever an idea to wind a bailiff up if they are acting officially of course. Plus an extra attendance is more money for the bailiff!!

If it is an legit debt much better to deal with it!

peter_the_piper

It would still be nice to have HO87 and my question answered regarding who asked the bailiffs to attend, there is a world of difference regarding the answers.

Coblcris

It is not widely known, or so it seems to me, that bailiffs operating for councils under CPE are in fact operating as private bailiffs not as court bailiffs. They have to be court bailiffs to do the job but they are not performing in that function when they clamp a vehicle for a PCN debt.

One has to ask then, what recourse do they have to a clamp removal that does not damage the clamp ? I suggest the same recourse as a private clamper who finds a clamp removal that does not damage the clamp. i.e. none