Equita bailiff clamped with blue badge displayed

CaggieBaggie

How do I go about complaining about Equita bailiffs?

Yesterday, early in the morning they clamped my car which was displaying a blue badge. My son is severely disabled and the enforcement was the result of a parking fine which was being contested. I had previously written to them many times to explain the situation with the fine without any reply from them. So they clamped the car and left an enforcement notice in the letter box with a demand for £500. When my husband rang to explain that the car was needed for our disabled son and that the blue badge was displayed, they still wouldn't come to take the clamp off - they just said that the car was not registered as a disabled car with DVLA??? It is not a motility car but when I applied for the blue badge ion behalf of my son the car registration was given. Because I need the car for my son, I paid the money but feel that they bullied me into it due to my son's disability. I looked up the Taking Control of Goods 2013 regulation 4 (d) and they shouldn't have clamped it as it is exempt goods. How do I go about complaining and receiving compensation? I would really appreciate some ideas please

Ralph-y

Hi, and welcome to the forum ....

I presume that this is a council be better off going to

http://forums.pepipoo.com/index.php?showforum=60

we tend to deal with private parking

what ever happens I hope you can get it sorted


good luck

Ralph:cool:

Redx

be better talking to herbie at bailiffonline

I have sympathy for the OP but the car isnt registered to the disabled son nor is it tied to them as property in my view, the bailiffs would allow any property in the vehicle to be retrieved including the BB, the same BB that can be used on any car

you dont even need a car to qualify for a BB, my dearly departed mum never drove in her life and never owned a driving license or a car, but she did have a BB and we all ferried her around to dentists and doctors and hospitals etc , using her BB in our vehicles when we were doing the work on her behalf (with her in the vehicle)

the car is property owned by the OP and although I understand exactly why they think it matters, only a person qualified in such matters could answer that debatable question as to whether or not they can clamp or take a vehicle that is used to transport disabled people around

sadly, I think they can , because as they pointed out its not owned by motability , its owned by the OP

yes its a sad case, maybe there are exceptions just like there are certain items they cannot remove from a house or a business etc, but I dont think this disputed car is one of those few items (maybe it should be morally, but I dont think it is)

I gain no satisfaction in telling them this, but sometimes it needs to be told so that they know where they stand, I bet herbie would know the exact answer, but the OP may have to pay for the advice from herbie

maybe CM would know, maybe not, but as long as they do not take the BB then the son can be transported by others, whoever they may be

ps:- for clarity, MY car is registered disabled with the DVLA, is my property now having once been owned by Motability, I do have a BB and have even got the orange badge kicking around somewhere (nostalgia)

maybe my car is protected by being registered disabled, maybe not

my BB certainly does not protect it from bailiffs

owning a BB does not register a car as "disabled"

Herbie21

Redx wrote: »

be better talking to herbie at bailiffonline

I have sympathy for the OP but the car isnt registered to the disabled son nor is it tied to them as property in my view, the bailiffs would allow any property in the vehicle to be retrieved including the BB, the same BB that can be used on any c

sadly, I think they can , because as they pointed out its not owned by motability , its owned by the OP

I gain no satisfaction in telling them this, but sometimes it needs to be told so that they know where they stand, I bet herbie would know the exact answer, but the OP may have to pay for the advice from herbie

ps:- for clarity, MY car is registered disabled with the DVLA, is my property now having once been owned by Motability, I do have a BB and have even got the orange badge kicking around somewhere (nostalgia)

maybe my car is protected by being registered disabled, maybe not

my BB certainly does not protect it from bailiffs

owning a BB does not register a car as "disabled"

Given the importance of the subject, you will I am sure not be disappointed to be told that the advice given above in actually not correct.

The bailiff regulations were completely overhauled in 2014 and it is now the case that any vehicle displaying a valid Blue Badge is exempt from being seized by a bailiff.

This exemption is outlined under Regulation Regulation 4(1)(d) of The Taking Control of Goods Regulations 2013 (link below).

The actual wording in the legislation states that a vehicle will be exempt if it is displaying a valid disabled person badge as this would indicate that there would be "reasonable grounds for believing that it is used for, the carriage of a disabled person".

http://www.legislation.gov.uk/uksi/2013/1894/regulation/4/made?view=plain

Bailiff Advice Online.

The_Deep

High Court Bailliffs do as they are told by Magistrates. Write to your M.P, and the Ministry of Justice uf you wish, but it is most likely that the fault lies with yourself.

Johno100

The_Deep wrote: »

High Court Bailliffs do as they are told by Magistrates. Write to your M.P, and the Ministry of Justice uf you wish, but it is most likely that the fault lies with yourself.

"High Court Bailliffs" and "Magistrates"? Have you posted on the right thread, this one is about a local council parking fine?

Coupon-mad

Herbie21 wrote: »

The bailiff regulations were completely overhauled in 2014 and it is now the case that any vehicle displaying a valid Blue Badge is exempt from being seized by a bailiff.

This exemption is outlined under Regulation Regulation 4(1)(d) of The Taking Control of Goods Regulations 2013 (link below).

The actual wording in the legislation states that a vehicle will be exempt if it is displaying a valid disabled person badge as this would indicate that there would be "reasonable grounds for believing that it is used for, the carriage of a disabled person".

http://www.legislation.gov.uk/uksi/2013/1894/regulation/4/made?view=plain

Bailiff Advice Online.

Nice info Herbie21.

Redx

Herbie21 wrote: »

Given the importance of the subject, you will I am sure not be disappointed to be told that the advice given above in actually not correct.

The bailiff regulations were completely overhauled in 2014 and it is now the case that any vehicle displaying a valid Blue Badge is exempt from being seized by a bailiff.

This exemption is outlined under Regulation Regulation 4(1)(d) of The Taking Control of Goods Regulations 2013 (link below).

The actual wording in the legislation states that a vehicle will be exempt if it is displaying a valid disabled person badge as this would indicate that there would be "reasonable grounds for believing that it is used for, the carriage of a disabled person".

http://www.legislation.gov.uk/uksi/2013/1894/regulation/4/made?view=plain

Bailiff Advice Online.

no , not disappointed at all, and is definitely why I posted on the first line that talking to you was the best bet in this case, because you would know the score better than anyone

its certainly news to me and didnt used to be the case, so thank you for that valuable information on the new rules

I said it should be exampt on moral grounds, it seems that its actually laid down in laws or rules from what you have said, so clearly those bailiffs had no idea when they clamped it

pappa_golf

Redx wrote: »

no , not disappointed at all, and is definitely why I posted on the first line that talking to you was the best bet in this case, because you would know the score better than anyone

its certainly news to me and didnt used to be the case, so thank you for that valuable information on the new rules

I said it should be exampt on moral grounds, it seems that its actually laid down in laws or rules from what you have said, so clearly those bailiffs had no idea when they clamped it

oh yes they did , but they were hoping the OP did not know the law , and pay up (as they did)

Redx

pappa_golf wrote: »

oh yes they did , but they were hoping the OP did not know the law , and pay up (as they did)

well yes, that could well be the case

there is a lot of smoke and mirrors going on in this parking lark, where bailiffs and debt collectors know a lot more then they let on, therefore taking advantage of those who know little or nothing

so yes they may have known but chose to ignore that section hoping to force the hand of the OP into paying, which was successful

its also why I mentioned early on that they needed to talk to herbie , but as they had paid an outstanding debt I am not sure they could get the money back, but maybe they could "sue" because the bailiffs were wrong in clamping the car and demanding money for the release of the car

this where it always gets murky, and debt collectors and bailiffs rarely seem to follow the rules and "party line" , especially with anyone who doesnt know the facts or the laws or rules

its also how gl*dstones seem to get away with so many things that seem "wrong" to the rest of us , or like the pranky blog about WH issuing incorrect details regarding POFA2012 and annexe A of the practice directions

so all smoke an mirrors

atrixblue.-MFR-.

Next time (if there is a next time) just cut it off (search up lawful excuse to remove a bailiff clamp) because Illegally clamping your car would make it LAWFULL to remove it yourself.