questions re bailifs and your car

Euphoria1z

Hi

1- how do bailifs know you have a car? do they ask dvla to see if a car is registered to such a person at such an address? and are dvla obliged to provide this info? if so, does data protection not come into this?


The car is parked in a communial area as block of flats and spaces are not numbered so theres atleast 20 cars parked where ever theres space. asking neighbours will be no good so that leaves dvla and spying.

2- if they find your car and decide to take it /levy it or whatever, and you happen to go bankrupt on the same day, does that mean they CANT take it anymore?

Thanks

debt_doctor

Euphoria1z wrote: »

Hi

1- how do bailifs know you have a car? do they ask dvla to see if a car is registered to such a person at such an address? and are dvla obliged to provide this info? if so, does data protection not come into this?


The car is parked in a communial area as block of flats and spaces are not numbered so theres atleast 20 cars parked where ever theres space. asking neighbours will be no good so that leaves dvla and spying.

2- if they find your car and decide to take it /levy it or whatever, and you happen to go bankrupt on the same day, does that mean they CANT take it anymore?

Thanks

Hi,

Bailiffs do use information from the DVLA, pressumably on the authority of the court warrant, but that is my pressumption.
Your second question would depend to some extent as to who the bailiffs are acting for. In c/tax it is possible for 'distraint' to continue after a bankruptcy order is made, but there are many practical issues with that such as;
Many councils / bailiffs either don't know the above or are not interested in continuation of levy.
If goods were actually seized after BR, then as "your assets are under the control of the Official Receiver" they would have to hand those goods over, and as c/tax is not a preferred creditor, they would be assisting in raising money for others rather than themselves!

DD

Mouse1812

The record at DVLA is of "registered keeper" not owner. So while that information might suggest you own a car, it is not conclusive.

Secondly, while DVLA can tell you who the registerred keeper is of a particular car, can they actually tell you which cars you are the registered keeper of?

Court Bailiff who visited us tried to take both cars on drive and was told to get lost - they were not mine. Eventually he went away empty handed. Certainly he had no knowledge of what car was registered in my name (parked elsewhere).

Euphoria1z

thanks... the bailiff will never know which car is mines unless someone (dvla) tells them the registration of my car, so was just wondering how it works.

Buzby

Having a private reg that identifies you is usually a give-away, as I spotted one having a note placed under its wiper in a communal parking area!

forgotmyname

They write down the reg of the cars on your drive or they watch you and send off to the DVLA with the piece of paper that overrides the data protection act.

The paper is a CHQ for £5 or is it £2.50?

If i have a good reason and a £5 i could get the details of who owns the car on your drive.

Whilst this is needed sometimes i think it should then be noted that someone requested your information. For all you know people may have looked you up.

As mentioned registered keeper may not be the owner. But who did you say was the registered keeper and owner when you insured it?
Another fee another database..

Euphoria1z

forgotmyname wrote: »

They write down the reg of the cars on your drive or they watch you and send off to the DVLA with the piece of paper that overrides the data protection act.

this is my query, that i dont have a drive. its communial parking as block of flats, so my question was how would a bailif identify which is my car (if indeed i even own one?) ... will they sit and wait the whole day (or 2) to see if i come out and get into a car and drive off?

and how will they identify me? just because i open the door doesnt mean im Mr whoevertherelookingfor.

spacey2012

They are considered "authority" and the list of others in "authority" who will help them out is long reaching.
The data protection is there to halt you, not them.
They will know what they are looking for before they arrive.
All unofficial of course.

alastairq

all very well and-and-good...but they still won't actually know who the owner of the car is.

Insurers are more interested in who the registered keeper is, not the 'owner'...

But I do have a question [most likely to answered by mouse]....and that is......which of the two parties concerend have to 'prove' ownership?

The Court Bailiff?

Or the person against whom the Court order is made?

Mouse1812

For cars, the Bailiff has to.

Unfortunately for other goods it's the other way round - You have to prove that someone else’s goods don’t belong to you - the Bailiff will otherwise presume it does.

edit to add:

In the legal case of Observer Ltd v Gordon (1983), it was shown that it is "not reasonable" to expect the bailiff to make enquiries as to ownership. It was ruled that if a bailiff has a reasonable belief that the goods that he lists on a Walking Possession are owned by you, then these goods can be seized.


This does not apply to motor vehicles because on 10 July 2012 the Local Government Ombudsman ruled in the case of Smith v Blaby District Council in complaint no. 11 007 684 in paragraphs 44 & 45 the bailiff should establish ownership through the DVLA.

Source here

alastairq

the bailiff should establish ownership through the DVLA.

How does that work?

The DVLA themselves already state publicly that being a Registered Keeper does not in any way prove 'ownership'.

The Registered Keeper should be the major user of that vehicle....only.


Dos that mean, the Bailiff can make an assumption, which the Official Receiver cannot?