Debt collectors / Bailiffs clamped my car for someones elses debt?

IH8Bailiffs

New here so I hope I'm posting in the right place as I didn't know who else to turn too! Basically I live in a big complex consisting of 34 (I think) apartments. We also have an outside car park where everyone is allocated a parking space which has a big number in the space. But for security reasons, whoever lives in apartment 1 for example isn't given parking space number 1 (I imagine by now you can already see where this is going!) - It appears that whoever was living in a certain apartment that I won't number has moved out without giving their creditors their new address about 9 months ago. This has resulted in a debt collector / bailiff clamping my car with a big "SEIZED" notice on the windscreen (which in itself is extremely embarrassing! In fact, it was only by chance that my father joked "Maybe they think that parking space ## belongs to flat ## which I looked into and found out when the new tenant moved in etc)

I've tried to ring the number on the notice and half the time it just rings and rings for centuries (not literally obviously) and the rest of the time I just get through to some very unhelpful ... Non-English people shall we say ... who insist they can not discuss it further without speaking to the account holder ... So my question is simple, since they won't listen to me and I can't get through to someone that understands me, can they fine me or anything if their wheel clamp was involved in a little "accident" with a grinder or similar? I mean after all, it's not "my" car now is it or alternatively can the Police do anything since effectively my car has been stolen?

sourcrates

Hi,

Just read a similar story on Legal Beagles, you need to contact the police, explain what has happened, say you want to make a complaint about the bayliffs.
You will need to supply some kind of proof of ownership, I don't think a registration document will be acceptable, although not 100% sure of this.
They will interview both parties, and then it should get rectified.

I would refrain from any little accidents to the clamp for now !!!

fatbelly

Hmmm. You may find that the police just say 'this is a civil matter'

Anyway, best of luck.

The clamp remains the bailiff's property, so it must be available to them if you remove it or the concept of 'theft' raises its head, and that is a criminal matter. As things stand I don't think any offence has been committed.

Sourcrates is right - the registered keeper is not necessarily the owner.

Some cautionary advice from bailiffadviceonline

http://bailiffadviceonline.co.uk/index/motor-vehicles-clamping-anpr/can-i-remove-a-wheel-clamp-from-my-car

http://bailiffadviceonline.co.uk/index/motor-vehicles-clamping-anpr/can-a-bailiff-clamp-my-car

National_Debtline

The notice of seizure should detail the bailiffs office name (i.e. Rossendales, Equita, Marston Group etc.) If you look online you may find their local office telephone number and that may prove more useful than a mobile number. Alternatively you could email them and complain about what has happened.


Ask them to come and remove the clamp immediately because you can provide proof that you are not the liable party and the car is your property. They should then come and remove the clamp. You need to be very careful about removing the clamp - if it is damaged there is a risk the bailiffs could make a claim against you for damage to their property.


It may be worth seeking some legal advice about all of this. We would suggest that you try and get the bailiffs to come and remove their clamp then make a complaint and perhaps try and seek compensation for the inconvenience.


Laura
@natdebtline