Clamped for previous owners parking tickets

Tomtomthailand

I was clamped on Friday and have spoken to the company who clamped me. It's a London council who are chasing debts for unpaid parking tickets on the car.

The thing is, I've owned it for over a year, with it being registered in my name for 10 months. The company won't discuss the fine with me as it's not in my name, and the enforcement agent is in no rush to do anything about it.

According to the police, it's a civil matter (which I don't agree it is, as I'm not listed on the writ), and if I remove the clamp, it's criminal damage.

I've sent the enforcement agent my logbook and insurance documents, but he says he requires a bill of sale (I have the Gumtree advert and the bank transfer I made, but no bill of sale).

Where do I stand, legally? Clearly someone hasn't done even the most basic checks to see who owns the car. It's not parked in the same borough, it's parked around the corner from its registered address. Why is the onus on my to prove it's mine?

I need my car!

Thanks in advance.

molerat

I would contact the council legal department and inform them in no uncertain terms that you are holding them responsible for all the costs incurred by their agents illegally committing trespass on and criminal damage to your property and those costs are increasing whilst the vehicle is illegally clamped. I wonder if it is the same council that were illegally using the police to pull over and detain vehicles for unpaid parking fines ?

Fruitcake

You might be better taking this over to our friends on pepipoo.com as they are the council and police motoring experts, whereas we tend to specialise in private parking charges here on MSE.

Personally I would have thought that removing the clamp would not be a criminal offence, but I am no expert.

System

Personally I would have thought that removing the clamp would not be a criminal offence, but I am no expert.

Self help as the owner is not responsible for a debt. There are lots of councils debts which are joint & several but parking fines is not one of them. As mentioned above, contact the council's legal department (not parking) and tell them to get it removed and send them a bill for any costs you have incurred due to the vexatious behaviour of their agent.