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Bailiffs help please PCN

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Hi all I wondered if you could give me some advice,

Last year my brother got a parking ticket on a company van that he owns and he owned the company at the time he got the ticket

At the time the van was registered on the v5 logbook in the company name only and address.

He lost the appeal with the council and still refused to pay the ticket and did not hear anymore about it.

A fue months later he closed down the business as it was not making any money
and opened a new business but kept the van he changed the name on the v5c log book in to the new company name. but its still registered in the same address where he now has his new company.

About 2 weeks ago a bailiff called round for payment of this parking fine my brother told them that it was on a company name that has now closed down, the bailiff said as long as you have changed the log book there’s nothing I can do and he went away.

Now today new bailiff arrives much more aggressive then the last one, asks for the fine to be paid my brother wont pay so bailiff said he is going to call a recovery truck to have the van taken away,

My brother explained to him that the van was registered in an old company name that closed down and was now re registered in the new company name But the bailiff said that dose not matter the van is still parked at the property and I can remove it.
Brother said no your not jumps into van and drives away.

My question is who’s right the Bailiff or my brother? Can the bailff still take the van even though its now in a new company name?

Any advice would be most appreciated Thanks


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Comments

  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would go to bailiffadviceonline. We often direct people there and they have a good reputation - Sheila will advise your brother and she knows her stuff. They can tell you what the bailiff can and cannot do and how your brother can deal with this to sort it out.

    He will need to pay a tenner to get tailored advice but we understand it's the best site for bailiff advice. I am not connected to them in any way BTW!

    And...tell your brother only to ignore PRIVATE parking tickets, not real Council ones in future! He should have got good advice on how to appeal the ticket successfully, as most people do on pepipoo.com forums, he should never go it alone with a Council PCN appeal then hope it would go away when he lost. Not a good plan.

    The PCN has not gone away but I am not sure whether he will have to pay anything now if the first company is closed down...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    Unfortunately council tickets frequently get ignored by people (one of my family has done this 3 times in the year and is now a persistent offender with 3 of them in the hands of bailiffs). If you go to appeal and still loose just pay it and get it over with. Not paying it makes it worse. It might not seem like it at the time but a few months later they'll catch up with you and by that time they've added their own fees and call out charges etc. Each council PCN ignored can end up costing £500 each.

    It really isn't worth doing. As for the van thats a tricky one. It's technically the responsibility of the old company but if he owned the company or the majority of the shares then that may make him liable regardless and technically it should not of been wound up at companies house due to outstanding debt. If thats the case it could arouse suspicion about the books being manipulated. Also if the bailiff can lay his hand on the vehicle he can claim its been seized (this is a legal power they have) and if you then remove it you can be done for theft of a motor vehicle. The bailiffs at the council where I worked were more than happy to tell me about it all one morning when we met in a car park with nothing to do.
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also if the bailiff can lay his hand on the vehicle he can claim its been seized (this is a legal power they have) and if you then remove it you can be done for theft of a motor vehicle. The bailiffs at the council where I worked were more than happy to tell me about it all one morning when we met in a car park with nothing to do.



    I would not believe everything (anything?) a bailiff says. They are not the most honest an upstanding members of the community are they?

    The stuff about theft of a motor vehice sounds like wishful thinking by a bailiff who wanted to impress you with his power.

    Similar to clampers who will have you believe that removing a clamp without damage is some sort of 'offence'. Hogwash!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Unfortunately council tickets frequently get ignored by people (one of my family has done this 3 times in the year and is now a persistent offender with 3 of them in the hands of bailiffs). If you go to appeal and still loose just pay it and get it over with. Not paying it makes it worse. It might not seem like it at the time but a few months later they'll catch up with you and by that time they've added their own fees and call out charges etc. Each council PCN ignored can end up costing £500 each.

    It really isn't worth doing. As for the van thats a tricky one. It's technically the responsibility of the old company but if he owned the company or the majority of the shares then that may make him liable regardless and technically it should not of been wound up at companies house due to outstanding debt. If thats the case it could arouse suspicion about the books being manipulated. Also if the bailiff can lay his hand on the vehicle he can claim its been seized (this is a legal power they have) and if you then remove it you can be done for theft of a motor vehicle. The bailiffs at the council where I worked were more than happy to tell me about it all one morning when we met in a car park with nothing to do.
    Shareholders are not liable for the debts of the company. That's why they are alled limited liability companies. The liability is limited to the amount initially invested.

    If the previous company has been shut down with no assets then the debt dies with the company.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Oopsadaisy
    Oopsadaisy Posts: 1,818 Forumite
    Also if the bailiff can lay his hand on the vehicle he can claim its been seized (this is a legal power they have) and if you then remove it you can be done for theft of a motor vehicle.

    Utter tosh [imo].

    If the vehicle is no longer registered to the original debtor the bailiff is the one 'stealing' the van.

    The debt died when the original limited co was dissolved; even if the limited co was still going the bailiff can't touch the van.
    Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    edited 3 December 2011 at 6:27PM
    Coupon-mad wrote: »
    I would not believe everything (anything?) a bailiff says. They are not the most honest an upstanding members of the community are they?

    The stuff about theft of a motor vehice sounds like wishful thinking by a bailiff who wanted to impress you with his power.

    Similar to clampers who will have you believe that removing a clamp without damage is some sort of 'offence'. Hogwash!

    I've done my own research into bailiffs many times. It's called a walking possession agreement they either seize your goods or you sign the agreement. They claim the goods but allow them to remain in your home with your use. Once they've done this it becomes an offence to then remove and hide that property as it becomes theft. Same goes for a vehicle too. There was a case around here in the papers a few years ago where someone got nicked for nicking his own car that the bailiff had seized.
  • Oopsadaisy
    Oopsadaisy Posts: 1,818 Forumite
    tricky...can you read???

    coupon mentions " removing a clamp without damage"...and you chunter on about destruction and criminal damage.

    Similarly...coupn points out that if the van is no longer registered to the 'debtor' the bailiff can't touch it, and you chunter on again about 'walking possession'.

    Get a grip.
    Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    You're right.. I didn't see the words without damage. My apologies.. it was 2:40am!!

    I've edited my post.

    IF you remove a clamp that a bailiff has fitted however it is an offence to then remove the car - it's theft.
  • Oopsadaisy
    Oopsadaisy Posts: 1,818 Forumite
    The key word is bailiff...not clamper but bailiff.

    Many people get them confused.....a bailiff is carrying out 'court business', a clamper is a piece of scum with a wheel clamp.

    So if a clamper clamps your car you can remove clamp and drive away...no theft.
    Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam
  • Thank you all for your positive comments and for taking the time to help someone out,

    I did forget to mention this was a council parking ticket, for having one rear wheel slightly on the pavement and there was no tax disc info on the ticket, as they could not come on to private property they also put the ticket on to the body work of the van.
    And the picture that the council took of the van dose not show the number plate cleary, I don’t know if this matters or not.

    My brother lives with his mother and has shown the bailiff the rent agreement in his mothers name only.

    So I am presuming they can’t take property away from the house as the property is not in his name.

    But going back to the van I have been informed that the name on the log book when he first got the parking ticket over a year ago
    “(Old Company name) then (Brothers Name)”

    and now its just in (New Company Name)

    Dose this change anything?

    If it dose not how can we stop the bailiff trying to remove the van, now it is in the new company name and if they do take the van do you know how we can get it back legally?

    The bailiff seems hell bent on taking the van whether legally or not.

    The original parking ticket was only £50.00 now its £470.00 I personally would have paid it at the £50 mark, but my brother just won’t pay it and he says he will never pay it.

    My last question is if the bailiff can not get his money will my brother be taken to court and ordered to pay the fine?

    Thanks All for your help
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