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Car Clamped with no Levy, parking fine

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  • Car Clamped with no Levy, parking fine

    My husband owes money for a parking fine that has now gone to the bailiffs. He has been to the house and dropped a letter saying it has been passed to them, then again to say they were going to remove goods. My husband has spoken to the bailiff in question a few times to arrange payment. This morning they put a clamp on the car but we have not received anything to say they have levied the car. Is this lawful? Is undoubtedly they are going to put more charges on for the clamp, any advise ASAP would be gratefully received.

    Many thanks.
    Tags: None

  • #2
    Re: Car Clamped with no Levy, parking fine

    Sorry to hassle but really need some advice on this one before we go back to them, as I'm seriously concerned on what they are going to try and charge for this clamp.

    Many thanks

    Comment


    • #3
      Re: Car Clamped with no Levy, parking fine

      Is there any particular reason why it has got to this stage? Please note they could be considering removal as 24 hours is nearly up.

      Comment


      • #4
        Re: Car Clamped with no Levy, parking fine

        To be honest, i'm not sure, I think it got forgotten about, it happened outside of our borough, the ticket came through the post, and I think he meant to contest it, and wanted to take photos of where he had received the ticket. I'm not sure what happened in between. Only when he received a letter from the bailiff he mentioned it to me, I told him to speak to the bailff about payment, which he did and came to an arrangement with him, to make a payment at the end of the month. He called to make the payment asked him to take a payment for £215, and for some bizare reason he only took £100. He then said he would pay the balance owing at the end of the following month (which is this month), bailiff said that was fine, then today he got the clamp. Just had a stick on saying to call. Husband called the bailiff he had been dealing with and he said that it had been taken off him and was being dealt with by someone else now.

        The note on the car, just said to call. He has never received a copy of a possession order stating the car had been levied, surely he should receive that before they clamp or take the car? His arrangement was to make the payment on Monday, he can't really do anything before that. Just wanted to advice on the legalities of it really.

        He appreciates he has to pay the fine, and the legitimate charges, but want to ensure they are acting within their powers.

        Many thanks

        Comment


        • #5
          Re: Car Clamped with no Levy, parking fine

          Have you read http://www.legalbeagles.info/forums/...rking-Offences

          For Parking issues there are usually several reminders before it gets to this stage. Have you moved at all since the original offence was committed?

          Comment


          • #6
            Re: Car Clamped with no Levy, parking fine

            Thanks for the link, but it doesnt really tell me about clamping and the legalities of this.

            In answer to your question, I'm sure he did receive several reminders, but for whatever reason he didnt pay it. And no we have not moved since the ticket was issued. I am not at all saying he is not to blame in any of this, and as I previously stated he is happy to pay whatever is owing to the bailiffs including legitimate charges. I am jus trying to get an understanding on levying the car, and the right to clamp. The bailiff has visited the property twice, and is within his rights to charges him for those visits. He has also added a charge for visiting with the intention of removing goods, however the car was here then and he did not attempt to take the car. He has never received a notice of possession, to state the car has been levied, so I was not sure if he could charge the £150 for visiting with an intention.

            My question was can the bailiffs clamp a car when they have not provided the owner, with a notice confirming the car has been levied?

            I hope you can help.

            Comment


            • #7
              Re: Car Clamped with no Levy, parking fine

              Have a read of Schedule 2 of the Enforcement Act. Technically this form should be completed, but it would be your word against theirs. They are entitled to clamp the car and if necessary sell it to pay the fine.

              If you have no real excuse for not paying I would suggest that you send http://www.legalbeagles.info/forums/...Useful-Letters Letter One as a matter of urgency to ensure charges are legal and pay the debt. The charge for attending to remove goods prior to levying on anything is clearly not correct.

              I'm not sure when the 28 day period started ticking, so you need to get this breakdown asap. Reclaiming charges after paying is possible, but is much harder.

              Comment


              • #8
                Re: Car Clamped with no Levy, parking fine

                Thanks labman, are you saying that they can clamp the car without actually levying it?

                Comment

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