Clamped by Newlyn at Bluewater

Pythagoras

Hi Everyone

I’ve just got home from Bluewater. As I was leaving, therewas a man in the car park who had been clamped. Speaking to him briefly itappears that he had been clamped for non-payment of parking tickets. Having taken an interest in these parkingforums I told him that clamping on private land has been illegal since 1stOctober and advised him to look on these forums for further advice. I said he would probably have to pay up andthen sue the clamper and Bluewater to get his money back. So I thought I’d start a thread in the hopethat he finds this forum if he searches for clamping at Bluewater.
My only concern is that I thought the notice on his windowsaid Newlyn and looking in other threads PCM seem to be the PPC at Bluewater.Could it be that Newlyn have clamped him for non-payment of a genuine (i.e. council)parking ticket? Can they still clamp on private land if they are acting asbailiffs? If this is the case, I may have given some duff advice… Hopefully he’llfind this forum and get the correct advice from you guys.

Coupon-mad

Newlyn may have been acting for a Council and yes, I think they can still clamp in a private car park if they are acting as Court bailiffs with a warrant. Clamping is only banned if there is no 'lawful authority' but who knows what these chancers were doing?

Newlyn are a scummy bunch - FACT - their reputation is obvious with just a quick Google. So I would also have directed a victim to here as well because we do get queries about Council/bailiff situations too.

Good on you.

HO87

As C_M has alluded to the crucial element when assessing whether clamping on private land is in breach of the Protection of Freedoms Act 2012 is whether the clampers purport to have "lawful authority". Acting as a court appointed bailiff would confer such lawful authority. However, a point that has been debated many times is whether the bailiff is required to be in physical possession of the warrant at the time he clamps the vehicle (technically distrains upon it).

Given that bailiffs have been known for some time to trawl the car parks of large shopping centres searching for vehicles on which to distrain (using ANPR cameras fitted to their vans) it is highly unlikely that they will be in physical possession of the warrant/order at the time the clamp is attached. Regulation appears to require that a bailiff produce proof of identity and their authorisation on request. If a car owner was to make such a request on finding his car clamped then it is highly unlikely, in my opinion, that the bailiff will be in physical possession of a warrant/order of execution at the time that he takes possession of a car. All that they usually do is to make use of their company's database to identify a target vehicle but the warrant/order could be miles away. Does this comply? In the case of matters that have gone through the TEC Northampton it is debatable that a physical warrant ever exists in any event.

$64,000 questions is: If a bailiff distrains (by applying a clamp) upon a vehicle without being in possession of the warrant/order and cannot therefore produce it on requests does he still have lawful authority?

montess

Yesterday, I was clamped at Bluewater by JBW Ltd for a non payment of a parking ticket. I had received no correspondence regarding this unpaid parking ticket and niether was I the driver responsible for getting the ticket. But that's another issue!

The first I knew of this non payment was when I returned to my car with my 8 month old baby, to find the car clamped and a demand for £365, or my car would be removed and sold. Obviously, I was really distressed and as I am a single parent, I had no choice but to ring my parents, who then made a payment on their credit card.

The sticker on my car window read "This vehicle has been lawfully distrained, seized (levied on) and impounded in execution of a Warrant of Execution, or Liability Order or a Distress Warrant."

In view of what HO87 has added, is there anything to be gained by trying to find out if they were in possession of a warrant/order or is that a case of "bolting the stable door after the horse has run" If I have got a point to argue how would I find out if they were in possession of one?

spacey2012

They should have produced this warrant or at least told you who they were acting on behalf of ?
do you have any paperwork you can post up on a photo sharing site, just mis the www. off the link

esmerobbo

montess wrote: »

Yesterday, I was clamped at Bluewater by JBW Ltd for a non payment of a parking ticket. I had received no correspondence regarding this unpaid parking ticket and niether was I the driver responsible for getting the ticket. But that's another issue!

The first I knew of this non payment was when I returned to my car with my 8 month old baby, to find the car clamped and a demand for £365, or my car would be removed and sold. Obviously, I was really distressed and as I am a single parent, I had no choice but to ring my parents, who then made a payment on their credit card.

The sticker on my car window read "This vehicle has been lawfully distrained, seized (levied on) and impounded in execution of a Warrant of Execution, or Liability Order or a Distress Warrant."

In view of what HO87 has added, is there anything to be gained by trying to find out if they were in possession of a warrant/order or is that a case of "bolting the stable door after the horse has run" If I have got a point to argue how would I find out if they were in possession of one?

Were you the registered keeper of the vehicle that the parking penalties were given too? Unfortunately with real penalties it is nearly always the registered keeper who is responsible.

Regarding having the warrant in their procession, if they didn't they will have when you ask if they did!

peter_the_piper

Best bit of advice I can give is to post on pepipoo.com and to email bailiffadviceonline, £10 charge but well worth it. Now its paid it is considerably more difficult to get it back. Did you know anything about the council ticket? Have you been dealing with it or did it get overlooked?Were you the owner of the car at the time concerned and did you allow someone to drive the car.?

HO87

I think your assessment of being a little bit too late is correct. The time to ask to see his authority (the warrant) was at the time but you weren't aware of that then. You could ask if they had the warrant but I'd just bet a pound to a pinch that they will tell that they had the warrant at the time.

As I posted previously there has been a debate over a couple of years about whether warrants issued in respect of matters that have gone through the TEC at Northampton (which yours probably did) ever exist. Technically, the council who issued the original penalty charge notice must obtain the warrant but there seems to be an element of misunderstanding which suggests that this has long been left in the hands of the TEC and no warrants actually exist and if they do they do so only in electronic form. How can you be in possession of something in electronic form when you cannot possess electricity? You can't steal electricity you can only "abstract" it so how can an electronic warrant actually exist?

As far as penalty charge notices are concerned as you have undoubtedly learned in the long-term it is the registered keeper that is liable for them - not the driver at the time of the original offence. Bad luck.

Fergie76

What were the charges actually for that led to the clamping?