Pcn, Bailiffs, Car towed :( Please help!

[LoopyLu]

Hi there, Firstly what a great site this is!
Ok...so im new to this and just looking for some advice please
Ill start from the beginning...
On 29/12/2013 i parked in the front of a line of parked cars and didn't think much of it...a couple of hours later i came out to my car to find a lovely yellow sticker on my windscreen..i was given a PCN because the one place place you are not supposed to park..i stupidly did!
So i appealed it as i felt it was unfair but they rejected it. I didn't bother getting in contact with them again which resulted in a bailiff being sent to my home about Aug 2014. a letter was posted through the door (i cant recall what it said) but i never heard anything again.
...Until Tuesday 4th November 2014. i was at work when another letter was posted saying i have 48 hours to make a payment (£422)!
I have always been told to not interact with any bailiff so i did just that...nothing! yesterday (Thurs 7th Nov) i had been out most of the day with a friend and came home around lunchtime... (i live in a first floor flat and my driveway is at the back of my house) and when i went upstairs i noticed someone parked right behind my car...i assumed this was the bailiff and he knocked again but i didn't answer. he sat there for about an hour whilst i was at home then he left about 2pm. At 3pm i left my house to walk to the school nearby to collect my children and he was stood at the front of my house...I looked around the back and i could see he had parked his car right behind mine again! He said how hes been trying to get hold of me and ive just been ignoring him (Ive only had 2 letters!!) He then said a recovery truck is on its way and he has clamped my car..i didn't notice the clamp until he mentioned it!! and within that a huge truck comes down my street, goes around the back and starts taking my car away!! i tried to explain i didn't have the money, crying, pleading with him but he wouldn't listen! the fees then went up to about £535, my other half has that paperwork with him so i cant look at it right now.
I then had to borrow the money from my mother in law and pay the bailiff and collect the car from the impounding place as i had work the next day and need the car!
A few questions i have are...The bailiffs name was Mr. T Wright. I have done a check and there is no bailiff of that name that works for Truro County Court. there is a Mr. T Wright that works for Birkenhead County Court. Can a bailiff from a different county come and work in this county?
I was never informed the car had even been levyed.
I was never informed the car was going to be towed away.
I have never received a breakdown of charges.
No distress warrant?? (not sure what this means but i have seen it on other forums but i have never received one)
Do the court need to issue a clamping order? i asked the bailiff and he said no.
My car was clamped for approx 2.5 hours before being towed...can this be done?
I never received a receipt for the money i paid.

It all feels a bit dodgy...i don't know, maybe im wrong and the bailiff did everything above board and im just trying to find excuses, but its playing on my mind and i would really appreciate some help, im sorry it is so long-winded but i like to explain properly lol xxx

[josephbloggs]

Re: Pcn, Bailiffs, Car towed Please help!

From what you have said, it all seems legitimate, sorry to say.
Don't know where you have been doing your reading but to respond to a few points
- clamping order is a method of enforcement for court fines - doesnt apply to parking fines.
- bailiffs on register work for companies, court refers to where certificated and can work anywhere in england and wales.
- clamp has to be on for 2 hours minimum before goods are removed.
- list of charges wll be on the notice after entry, the notice of immobilisation and the notice goods have been removed - all the prescribed forms.
- no longer such thing as a levy is now called taking control of goods.
- enforcement agent doesnt need to carry a warrant

to be fair if you ignored them they wont be able to tell you your cars going to be removed.

[Milo]

Re: Pcn, Bailiffs, Car towed Please help!

Hi there, Firstly what a great site this is!
Ok...so im new to this and just looking for some advice please
Ill start from the beginning...
On 29/12/2013 i parked in the front of a line of parked cars and didn't think much of it...a couple of hours later i came out to my car to find a lovely yellow sticker on my windscreen..i was given a PCN because the one place place you are not supposed to park..i stupidly did!
So i appealed it as i felt it was unfair but they rejected it. I didn't bother getting in contact with them again which resulted in a bailiff being sent to my home about Aug 2014. a letter was posted through the door (i cant recall what it said) but i never heard anything again.
...Until Tuesday 4th November 2014. i was at work when another letter was posted saying i have 48 hours to make a payment (£422)!
I have always been told to not interact with any bailiff so i did just that...nothing! yesterday (Thurs 7th Nov) i had been out most of the day with a friend and came home around lunchtime... (i live in a first floor flat and my driveway is at the back of my house) and when i went upstairs i noticed someone parked right behind my car...i assumed this was the bailiff and he knocked again but i didn't answer. he sat there for about an hour whilst i was at home then he left about 2pm. At 3pm i left my house to walk to the school nearby to collect my children and he was stood at the front of my house...I looked around the back and i could see he had parked his car right behind mine again! He said how hes been trying to get hold of me and ive just been ignoring him (Ive only had 2 letters!!) He then said a recovery truck is on its way and he has clamped my car..i didn't notice the clamp until he mentioned it!! and within that a huge truck comes down my street, goes around the back and starts taking my car away!! i tried to explain i didn't have the money, crying, pleading with him but he wouldn't listen! the fees then went up to about £535, my other half has that paperwork with him so i cant look at it right now.
I then had to borrow the money from my mother in law and pay the bailiff and collect the car from the impounding place as i had work the next day and need the car!
A few questions i have are...The bailiffs name was Mr. T Wright. I have done a check and there is no bailiff of that name that works for Truro County Court. there is a Mr. T Wright that works for Birkenhead County Court. Can a bailiff from a different county come and work in this county?
I was never informed the car had even been levyed.
I was never informed the car was going to be towed away.
I have never received a breakdown of charges.
No distress warrant?? (not sure what this means but i have seen it on other forums but i have never received one)
Do the court need to issue a clamping order? i asked the bailiff and he said no.
My car was clamped for approx 2.5 hours before being towed...can this be done?
I never received a receipt for the money i paid.

It all feels a bit dodgy...i don't know, maybe im wrong and the bailiff did everything above board and im just trying to find excuses, but its playing on my mind and i would really appreciate some help, im sorry it is so long-winded but i like to explain properly lol xxx

Loopylu,

There is little point in going back over the past year since you received the parking ticket as I am sure you realise now how silly you have been to ignore all notices (including the letter from the bailiffs) !!

Can you post back to let us know which company took your vehicle.

Secondly, there is a legal requirement that provides for statutory notices to be provided and in your case, the bailiff should have provided the notices as outlined by josephbloggs in his above reply. Were any notices given to you and what were they?

The new regulations make very clear that the bailiff must provide a receipt. What did you receive?

The car has to be left clamped for a minimum of two hours and if a removal vehicle is called there is a charge of £110.

The fees do not seem right but without knowing what fees have been charged it is difficult to comment.

PS: I am not sure where you have read about a clamping order suffice to say, that the PCN that you have received appears to have been issued by a local authority (hence the yellow sticker on your car) and accordingly, a Clamping Order is not applicable. Such an order can only be made in respect of a criminal court fine.

[Wombats]

Re: Pcn, Bailiffs, Car towed Please help!

1111

[bluebottle]

Re: Pcn, Bailiffs, Car towed Please help!

Has the OP checked with TEC at Northampton that the local authority concerned obtained a valid charge certificate prior to letting their contracted EAs loose? There have been cases where civil enforcement companies have been issued with seemingly valid warrants by local authorities and it has been found, when checks have been made with TEC that the warrant has been issued outside the legal process. Under such circumstances and once informed, a civil enforcement company would be under a duty to return any goods seized forthwith as the goods would be seized without the authority of a court.