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bailiffs took my car

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Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    Clearly the OPs evidence is not strong enough. They seem to have reason to believe that the sale was 'orchestrated' to avoid the charges. I am sure bailiffs have seen this many times before and I must admit to be still struggling to understand how the car was taken from outside the OP's friend's flat when the OP states she has no connection with the seller at all. I can understand that there has no recent change of RK according to the DVLA after only 2 days of ownership. Did you send off your bit the V5c straight away OP?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    What the bailiffs think is completely irrelevant. It is what they can prove which is at issue. Unless they can prove that there has not been any change of ownership then they are wide open to legal action as is their principal, Lewisham Council.

    I am a little puzzled as to how they located the vehicle unless buyer and seller are neighbours; but it is far from impossible that if the seller is the unpleasant person he sounds, he tipped them off. After all, he has the money for it, and if he gets them to seize the car he is freed of his debt as well.
  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    If the car has only recently changed hands then DVLA would not have updated their records quick enough. Furthermore, what grounds would the bailiffs have for asking DVLA for information relating to the last time they recorded a change of keeper for the vehicle?
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • zarrah
    zarrah Posts: 8 Forumite
    What the bailiffs think is completely irrelevant. It is what they can prove which is at issue. Unless they can prove that there has not been any change of ownership then they are wide open to legal action as is their principal, Lewisham Council.

    I am a little puzzled as to how they located the vehicle unless buyer and seller are neighbours; but it is far from impossible that if the seller is the unpleasant person he sounds, he tipped them off. After all, he has the money for it, and if he gets them to seize the car he is freed of his debt as well.

    I have no idea how they located the vehicle, i have a feeling he mite have tipped them off.... that will teach me never to trust people i dont know.:(
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ANPR i suspect
    http://www.bailiffadviceonline.co.uk/vehicle_clamping.htm
    About wheelclamping and removal.

    A car may be clamped for many reasons ; the most common being by a bailiff for an unpaid parking charge notice but many bailiffs are now clamping vehicles for unpaid council tax and this is very simply done if the car is parked outside of the debtors home.

    For unpaid parking tickets, many bailiff companies now use their ANPR equipped vehicles and this process can have very serious consequences if the owner has either moved address since first incurring the PCN or most seriously; where the vehicle may have been sold since the parking ticket was incuured.

    How bailiffs enforce unpaid parking tickets using ANPR

    With an unpaid PCN, the bailiff company would have been provided with a warrant of execution. This is the legal document permitting the bailiff to enforce an unpaid PCN. It is very important to be aware that; even if a debtor were to write to the local authority to advise them that they have moved address, the warrant almost always will remain unchanged and still have the previous address upon it. For resaons that are very difficult to understand, the warrant will have upon it the registration number of the vehicle that was being driven on the day that the PCN was incurred. This can have very serious repercussions indeed if a parking ticket remains unpaid and the vehicle is sold.

    Normally, on a weekly basis, the bailiff company will provide their bailiffs with a memory stick which will contain details of all unpaid PCN's and this will be put onto the bailiff computer located in his ANPR equipped vehicle and the bailiff will simply drive around london streets and large shopping centres and supermarket car parks etc and when his vehicle passes a number plate that matches with one on his memory stick, his vehicle will sound an alarm and the bailiff will either clamp or arrange for the removal of that car to the pound. This process of enforcing unpaid parking tickets can have a devastating effect if the vehicle owner had not received any notices from the local authority or where the car has since been sold.

    If this does happen, please contact us by either phone or by sending a question to us.

    It is important to be aware that many bailiffs working for the same company will be provided with the same information on their memory sticks and although some companies are able to update their ANPR systems immediately, many of them require that their bailiff return back to their office on a weekly basis for their memory sticks to be updated. Therefore, if a vehicle has been located by way of a bailiffs ANPR equipped vehicle and payment made, it is vitally important that you keep a copy of the receipt for payment in the car in case the vehicle is clamped by another bailiff. Sadly, this happens on a frequent basis!!
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • zarrah
    zarrah Posts: 8 Forumite
    hallowitch wrote: »
    how did you find out the car was for sale was it advertised

    Yeah it was advertised on gumtree.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    If They have levied the vehicle they often stick GPS tracking devices under the car.
    So they can find it at the click of the mouse.
    OP needs to get a solicitor to issue a Notice of warning to both the council and the bailiffs.
    Once they have this, to be honest I would let them keep it as long as they like, the damages would buy a much nicer car.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    zarrah wrote: »
    Yeah it was advertised on gumtree.

    If you can find the advert bookmark it and do a screencap on it.
  • bob_32
    bob_32 Posts: 16 Forumite
    hallowitch wrote: »
    ANPR i suspect
    http://www.bailiffadviceonline.co.uk/vehicle_clamping.htm
    About wheelclamping and removal.

    A car may be clamped for many reasons ; the most common being by a bailiff for an unpaid parking charge notice but many bailiffs are now clamping vehicles for unpaid council tax and this is very simply done if the car is parked outside of the debtors home.

    For unpaid parking tickets, many bailiff companies now use their ANPR equipped vehicles and this process can have very serious consequences if the owner has either moved address since first incurring the PCN or most seriously; where the vehicle may have been sold since the parking ticket was incuured.

    There's that use of Parking Charge Notice and Bailiffs again! Messing with my mind :)
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    No, Bob, this story is about Council PENALTY charge Notices!! Not your G24 turds.
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