Bristow and Sutor have clamped my car

Silverdolphin

Hi,

Just some advice please.

my children go to bed at 8pm. Around 8:30pm I heard someone playing with my letter box, so I called after my children - to which I got no response. I got up to go check and noticed a letter sticking out my letter box from Bristow and Sutor “enforcement visit warning”. And in the paragraph below it has “ an enforcement agent has again attended your premises today to take control of your goods as this debt still remains outstanding. Your goods are bound. You cannot remove sell or otherwise dispose of them. Further visits can be made to your property. These visits can be made without warning between 06:00 hours to 21:00 hours seven days a week in order to remove your goods for sale at public auction. This action may incur you additional costs to those already in place and maybe substantial. This is in accordance with the taking control of goods and regulations 2014”

It’s for a penalty fine, originally from January 2016 - which I am currently disputing with the council.

I paid it no mind until I went to get in my car this morning and noticed it had been clamped. (There was no documentation attached to the car).

I’ve read online that this is illegal for four reasons.

1) I am a vulnerable person - I am a lone parent to 3 DS youngest being 8 weeks (they already know this as they came when I was pregnant).
2) I use the car for work (I pick up and collect children for school) 10 hours a week - self employed.
3) the value of the car does not exceed £1350. The car is worth £2100 but As it has engine issues (the head gasket is about to go) it was valued just last Friday as £1200.
4) the original debt was jan 2016, I’m unsure when/if I received an enforcement notice but if I did it would have been in 2016 which is over 12 months ago.

At present the car is still in the communal parking area. I live in council propert so unsure if this is classed as “public” land but the council I live in now is NOT the council recovering the penalty charge.

I understand you can remove the clamp if you believe it has been illegally put on. With the reasons given above is that lawful enough to remove the clamp after giving Bristow and Sutor the hour notice?

My brother said to remove the clamp and if they ask say someone else did it and you wasn’t even aware it was clamped as there’s no CCTV within our communal area and the documentation they posted through the door doesn’t say the car is clamped either but I’d rather go the legal route hence me being here.

Any advice I would be grateful for as I have to leave for school runs by 2:45pm.

thanks.

pmlindyloo

Can you please confirm what kind of penalty fine this is?

Silverdolphin

It’s a parking fine. Parking on double yellow. Back two tyres were parked in a puddle where the line was not visible at all. There was also no notice left on my car. Moved address. Registered to vote. A month later. Got notification of the debt (by this time it was £105) via Bristow and Sutor. Told them had no idea about it and I would dispute with the council. Council said they would look in to it. After 4 months I contacted them again as Bristow was on my case. Council said they don’t accept the “no sticker on my car”. But there’s also no photo evidence either that’s what’s being investigated and they can’t call Bristow off But I can pay and then be reimbursed. I said no as I was heavily pregnant. Day later Bristow at my door. I didn’t answer they said I now owe £300+. This was October 2017. Last nights letter says I owe £500+

National_Debtline

Hi Silverdolphin


Removing the clamp can have serious implications. The bailiff can claim criminal damage if the clamp is damaged on removal, and if you don't give it back to them, that is theft.


You are better to try and challenge the fact that the clamp has been put on. Raise this with both the bailiff and the council. The council employs the bailiffs and is therefore responsible for their actions.

Silverdolphin wrote: »

Hi,


1) I am a vulnerable person - I am a lone parent to 3 DS youngest being 8 weeks (they already know this as they came when I was pregnant).


You can be a lone parent and vulnerable, but it's not always automatically the case. You can try and make a case of vulnerability to the bailiff and the council. If there are any other factors that could make you vulnerable, mention those as well, for example any health issues in the household.

2) I use the car for work (I pick up and collect children for school) 10 hours a week - self employed.

If your car is essential for work you can try and claim it is exempt, but only if it is worth less than £1350. You need to make the case you cannot do your job without the car (if that is the situation). If it would not be possible for you to use public transport to take the children to school point that out as well.

3) the value of the car does not exceed £1350. The car is worth £2100 but As it has engine issues (the head gasket is about to go) it was valued just last Friday as £1200.

The bailiff is unlikely to be able to tell from looking at the car that there are engine issues, but if you have a recent, independent valuation of the car tell the council and that bailiff.

4) the original debt was jan 2016, I’m unsure when/if I received an enforcement notice but if I did it would have been in 2016 which is over 12 months ago.

You are correct that you should have received an enforcement notice. You can ask for details of when and how this was sent. The bailiff's warrant is valid for 12 months, although it can be renewed. Bear in mind this is from the date the Traffic Enforcement Centre (TEC) issued it, not when the ticket was issued.

Although you dispute the debt, there are limited reasons you use to challenge it at this stage. To protect the vehicle you could consider making an offer payment, at least to try and get the bailiff to remove the clamp. One of the free debt advice agencies can give you more advice on your options from there.



Susie
@natdebtline

fatbelly

Check the fees and contact this site if you need more help

http://bailiffadviceonline.co.uk/bailiff-fees/penalty-charge-notice-pcn

Herbie21

Silverdolphin wrote: »

It’s a parking fine. Parking on double yellow. Back two tyres were parked in a puddle where the line was not visible at all.

There was also no notice left on my car.

Moved address. Registered to vote.

A month later. Got notification of the debt (by this time it was £105) via Bristow and Sutor.

In your initial post, the only time that you made any mention of the actual DEBT that is owed is when you said this:

It’s for a penalty fine, originally from January 2016 - which I am currently disputing with the council.

It is only in this particular post that you mention that you had moved address and that the only documentation that you had received in relation to the debt was from Bristow & Sutor.

When did you move address?

When did you update your V5C (Log Book)?

Oldwood

fatbelly wrote: »

Check the fees and contact this site if you need more help

http://bailiffadviceonline.co.uk/bailiff-fees/penalty-charge-notice-pcn

Here are some alternative sites.

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/
http://www.bailiffhelpforum.co.uk
http://www.debtadvicefoundation.org/questions/what-fees-can-bailiff-enforcement-agent-charge
http://legalbeagles.info/forums/forum/money-debt/bailiff-help-enforcement-officers?76-Bailiff-Help-(-Enforcement-Officers-Agents-)=

simon_the_poet

Oldwood wrote: »

Here are some alternative sites.

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/
http://www.bailiffhelpforum.co.uk
http://www.debtadvicefoundation.org/questions/what-fees-can-bailiff-enforcement-agent-charge
http://legalbeagles.info/forums/forum/money-debt/bailiff-help-enforcement-officers?76-Bailiff-Help-(-Enforcement-Officers-Agents-)=

I would not recommend bailiffhelpforum, they tend to concentrate on encouraging debtors to take ill advised court action at a cost.

This is despite there being no qualified legal advisers

The advice is poor and often differs to that given by mainline agencies, being more in line with freeman of the land principles.

Oldwood

I assume Bailiff Advice Online has qualified legal advisors?

I thought freeman sites were anti legislation? From what I can see, Bailiff Help Forum ensures that bailiffs adhere to what legislation actually states. I believe they also have direct access to several barristers.

simon_the_poet

Oldwood wrote: »

I assume Bailiff Advice Online has qualified legal advisors?

I thought freeman sites were anti legislation? From what I can see, Bailiff Help Forum ensures that bailiffs adhere to what legislation actually states. I believe they also have direct access to several barristers.

As far as I know baiiffhelponline does not help/advise on specialist legal issues except to advise debtors to seek qualified assistance in the rare circumstances that it is needed.

Removal of implied of access template letters, paying the courts direct to avoid lawful fees, remove clamps illegally etc. A record of many failed and expensive legal case, with no record of any successful cases.

Plus repeated mention of charges not being due because the debtor did not contract with the enforcement agencies etc.
This is what you believe legislation states.

The fact remains that that forum advertises a service that they are not qualified to carry out. I do not believe it is appropriate to advertise it here.

You fool no one there is a reason you sought to conceal the address in between the legitimate agencies and services.

Sorry for the edit, the forum only has the same access to legal personnel that everyone else has. This is a plain indication of how you seek to deceive people.

They cannot refer cases any more than a normal member of the public can.

Oldwood

I've had a look and can't see any templates removing implied rights of access nor removing clamps illegally, nor anything about not entering into contracts - perhaps you can show me. If you can't I can assume you've made that up.

I don't see where anyone advises that fees are removed if you pay direct. I don't think anyone has ever advised the fees are removed, but question whether the warrant can be used to enforce for only fees.

What services are being offered on there that require qualifications?

The last I heard was that Bailiff Advice Online wasn't even registered with the ICO to handle personal data.