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Vehicle Clamped!!

phonique
Posts: 9 Forumite

Hi All,
I've been chased by bailifs for awhile for an unpaid parking ticket (PCN) initially by the council. Initially I got the ticket and appealed all the way to the adjudicator and still rejected. I thought the ticket was still grossly unfair and refused to pay. Anyway after some time bailiffs started attending. I've been telling them to F off when they've visited in the past. They hang about for a bit but eventually go on their way. I thought eventually when they realise they are not getting anything they'd give up and re-send the debt back to the council. However they've managed to find my car and clamp it.
Specifics:
My car was registered to my girlfriend's address when I bought it, since I didn't have any other place of residence. She solely owns the flat and pays all the bills. I do have my own place and I've recently within the last few months registered my car to my new address. My driving license is registered to my place as well. Nothing that links me to living at my girl's address. However by this time I think the PCN had already escalated so they are visiting my girls house. I do stay here occasionally. It's a flat, It has its own car park. The car park has a gate and is usually locked where you need a code to enter. There is one space per flat. The gate is recently broken so it's open at all times. The car park is managed by a car management company and I need a car permit on my car to park here, which I have. So I parked my car there as normal and stayed at my girls. In the morning we left for work, I walk since it's close. When I got back I found a wheel clamp on my car. Letter from the bailiff etc on my car. Paying is not an option. I will cut the clamp off before paying and run the risk criminal conviction.
Given the above information is there anything else I can do? I thought it being a private car/managed car park running a permit scheme they should not be allowed to clamp my car being parked here? What are my rights, what are my options?
I've been chased by bailifs for awhile for an unpaid parking ticket (PCN) initially by the council. Initially I got the ticket and appealed all the way to the adjudicator and still rejected. I thought the ticket was still grossly unfair and refused to pay. Anyway after some time bailiffs started attending. I've been telling them to F off when they've visited in the past. They hang about for a bit but eventually go on their way. I thought eventually when they realise they are not getting anything they'd give up and re-send the debt back to the council. However they've managed to find my car and clamp it.
Specifics:
My car was registered to my girlfriend's address when I bought it, since I didn't have any other place of residence. She solely owns the flat and pays all the bills. I do have my own place and I've recently within the last few months registered my car to my new address. My driving license is registered to my place as well. Nothing that links me to living at my girl's address. However by this time I think the PCN had already escalated so they are visiting my girls house. I do stay here occasionally. It's a flat, It has its own car park. The car park has a gate and is usually locked where you need a code to enter. There is one space per flat. The gate is recently broken so it's open at all times. The car park is managed by a car management company and I need a car permit on my car to park here, which I have. So I parked my car there as normal and stayed at my girls. In the morning we left for work, I walk since it's close. When I got back I found a wheel clamp on my car. Letter from the bailiff etc on my car. Paying is not an option. I will cut the clamp off before paying and run the risk criminal conviction.
Given the above information is there anything else I can do? I thought it being a private car/managed car park running a permit scheme they should not be allowed to clamp my car being parked here? What are my rights, what are my options?
0
Comments
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Give up and pay the council PCN ?Ex forum ambassador
Long term forum member0 -
was it a council pcn on council land or a private pcn on private land ?
if it was private , what is the name of the parking company ?
was a CCJ issued against you in a court ?0 -
Redx, this is an unpaid council Penalty Charge Notice. No court action needed before bailiffs clamp the car.0
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Hi,
It was Westminster council. I was in London doing touristy stuff. I don't live there though. I'm from the Midlands. No CCJ. As far as I know there hasn't been court action. Threats but ultimately I think the PCN just got passed on to Bailiffs.
Regards,0 -
as this is council, its different and yes they can clamp your vehicle etc
I suggest you join pepipoo fightback forums using a non hotmail address and post in their council section
all this about private companies has no relevance to a council pcn that has escalated to bailiff action0 -
Hi,
Out of interest. If I were to cut the lock and hide the car. Then I were to "give" my car to my parent. That is to say I do all the relevant V5C paperwork to transfer ownership over to her. Technically the bailiffs can no longer sell/take the car as it is no longer mine. Correct?
Regards0 -
I suppose it depends on how much a criminal conviction(s) will affect your future really....0
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Hi,
How does that factor into if they can sell or take the car if I transfer it into my parent's possession?
It was in their control prior but after I "sell" it to my parents and it is no longer my possession they don't have a claim to it anymore correct?
Regards,0 -
How much is the fine and how much is the car worth?0
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