Bailiffs - Do they have to check with DVLA before removal of a vehicle

LinkOps85

OK.

So i have an open complaint with an enforcement agent who attended my property on Monday while i was at work and spoke to my neighbour to ascertain that i own the vehicle.

There is no relationship with me and said neighbour and the vehicle belongs to my step dad.

The company for which the enforcement agent works has stated that i need to prove that i don't own the vehicle and that in fact it is my step dads.

My Question - Should it not be that they have to prove its my property and not me having to provide them with proof?

Thanks ALL

hallowitch

is this for council tax

LinkOps85

Yes it is for Council Tax.

Gordon_Hose

Bailiff's are a law unto themselves. If he can be bothered get your Stepdad to report the car stolen and give the bailiff's name as the thief.

Otherwise just send them a copy of the V5c showing your Stepdad as the owner. Job done. He gets his car back.

McKneff

Why drag the process out though, just show them your step dad's V5 and that will sort that one out.

hallowitch

you make a formal complaint to the council telling them that the bailiff has levied against a car that does not belong to you inform them the bailiff has requested proof that you don't own the car ask the council how they (the council) expect someone to prove a vehicle does not belong to them tell them to instruct there bailiffs to do a DVLA check to confirm ownership ask them to confirm that all bailiff fees regarding the levy be removed
send them a copy of this and tel them if fees are not removed you will be making a complaint to the ombudsman

you could also add that you have no intentions of paying the levy and associated levy fees you have now made the council aware that its not your car however if the bailiff thinks the levy is legal he should commence with the next stage of enforcement and remove the car as you are sure the owner will provied proof of ownership when his car is removed for your debt


April 2010 Insight – Local Government Ombudsman


As it has become increasingly difficult for bailiffs to gain access to debtors’ homes for the purpose of taking goods for council tax, the practice of levying on vehicles in the absence of the debtor has grown. These vehicles may be parked on the debtor’s property or in the road outside. This practice, if abused, can lead to the Local Government Ombudsman finding fault with the bailiffs and the council employing them.

The Ombudsman has dealt with at least four unreported complaints when cars parked in the road were levied on, but did not belong to the debtor. In each case the bailiff assumed that the vehicle belonged to the debtor, but did not check ownership before making the levy. In one case, having levied on the car, a notice was put through the debtor’s letterbox including the fees. As the debtor did not respond, the bailiffs returned to remove the car, but found it was no longer there. Despite not being able to levy on the goods the bailiffs charged a “van fee” (under head C of Schedule 5 of the 1992 Administration and Enforcement Regulations, as amended) of £105, and posted a further notice through the letterbox to advise the debtor of the new, higher debt.

In three other complaints, involving a different authority, the same thing happened – with levy and van fees being charged for cars not owned by the debtors. In those cases the debtors contacted the bailiffs to say that they did not own the cars. The bailiffs acknowledged this, but still insisted that the levy and van fees were payable. When our investigator queried this with the council, they were told that the bailiffs would have checked with the DVLA before moving the car, but even if the debtor did not own the car the levy fees would not have been removed.

These practices are likely to result in a finding of administrative fault by the Ombudsman. There is no question that when bailiffs have carried out a relevant action, they are entitled to the fees the law allows them to charge. However in these cases the levy and van fees were being charged for goods that the bailiff would not have removed - had the car been found and the bailiffs checked before removal, it would have been found they belonged to a third party.

A council may say that a check would be made before any removal, but this does not prevent possible fault. Some debtors will pay when they receive the levy or other notices, and will pay fees that should not have been charged to them. Levying on a car parked on someone’s drive may appear less problematic as it is more likely to belong to the debtor. But if it does not, and levy and van fees are charged and paid, then the debtor has suffered the injustice of paying fees that were not due.

In all four cases the Ombudsman recommended the same remedy. The levy and van fees should be refunded and the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them. Debtors should pay what they owe, and if a vehicle belongs to the debtor (and any levy would not be excessive) then levying and charging reasonable fees would not be questioned by the Ombudsman.

All councils are encouraged to ensure their written policies say that bailiffs, whether internal or external, do not levy on vehicles without first checking ownership. Failure to do so could mean that any future complaints to the Ombudsman may be the subject of a public report against the authority.


Andrew Hobley is Senior Investigator with the Local Government Ombudsman.

initdeep

can they do this ?? i mean levey aginst a car by asking a neighbour ?? i didnt think they could talk to neighbours etc the bailiffs already been to my property but i was out its turned out this is the third visit the other two i didnt know about. since the last visit earlier this week i have been hiding my car away from the home. is it worth me doing this if they can just ask next door or someone in the street if i own a car and then levey it anyway ????

sgtbush

initdeep wrote: »

can they do this ?? i mean levey aginst a car by asking a neighbour ?? i didnt think they could talk to neighbours etc ????

yes they can-- and if you read your log book or v5 the registered keeper is not necessarily the legal owner, bailiffs can talk to who-ever they want to to try to establish if the person in question resides at the house or the car belongs to said person- what they cant discus is details of the visit ie the debt, how much and anything that would breech the data protection act
before removal of the car a final check will be made- i can do it on the phone and takes 15 seconds to find out the registered keeper

Impeciousman

LinkOps85 wrote: »

OK.

So i have an open complaint with an enforcement agent who attended my property on Monday while i was at work and spoke to my neighbour to ascertain that i own the vehicle.

There is no relationship with me and said neighbour and the vehicle belongs to my step dad.

The company for which the enforcement agent works has stated that i need to prove that i don't own the vehicle and that in fact it is my step dads.

My Question - Should it not be that they have to prove its my property and not me having to provide them with proof?

Thanks ALL

I have a similar issue with newlyn bailiffs. They seized my car whilst I was at work for a PCN by the previous owner. Despite the proofs I have provided they will not return my car.

To my knowledge they have not sold the vehicle. I have started court proceedings and have not hear anything from the council or bailiffs. The car was taken 11th Feb 2013.

I have made an LGO complaint, spoken to the enforcement manager at southwark council but no headway.

What timeline can I expect them to hold on to my car?
How do I calculate the costs for compensation whilst they have my car?

Gordon_Hose

Impeciousman wrote: »

I have a similar issue with newlyn bailiffs. They seized my car whilst I was at work for a PCN by the previous owner. Despite the proofs I have provided they will not return my car.

To my knowledge they have not sold the vehicle. I have started court proceedings and have not hear anything from the council or bailiffs. The car was taken 11th Feb 2013.

I have made an LGO complaint, spoken to the enforcement manager at southwark council but no headway.

What timeline can I expect them to hold on to my car?
How do I calculate the costs for compensation whilst they have my car?

The post you're quoting is a year old. Why not start your own thread?

[Deleted User]

What's an "enforcement agent" :huh: