'bailiff' took my new car - says it got outstanding parking fines against it!!

[moo22]

Can anybody pls pls help,

 

i did a straight car exchange after finding an advert online,

i had had my new car about a week when suddenly it was gone!!

 

i phoned the police who informed me that it had been removed by baliffs for unpaid parking fines.

 

i informed the baliff that it was now my car & that i had nothing to do with the fines, he asked my to show him proof

so sent what he ask for, my insurance, reciept, plus new keeper part...

 

He said this is not good enough & he wanted the full log book...i have received this now & sent it by fax this morning

but now his saying he wants to see my BANK STATEMENTS & proof of how i brought the car??

 

i told him that thats nothing to do with him & that his got all the proof he needs & he told me to take him to court...

 

what do i do now??

[disgruntled2007]

Show the police the documents that prove ownership of your car. If you can prove the car was owned by you on a date before it was removed then the bailiff has stolen it (IMO - somebody may know otherwise). Report it as stolen to that same police officer who has seen your documents.

[BankFodder]

It sounds to me as if you have done everything reasonable.

 

I hope that you have got written evidence of all of this or telephone recordings.

 

Make sure that you have informed him formally in writing that the car is yours. That you have given him all of the evidence that he has asked for and that each time you satisfy his request, he has then gone on and asked for more.

 

Make sure that you have this all down in writing.

 

You can take him to court by suing him for conversion under the Torts Wrongful Interference with Goods Act

 

Download this form http://www.hmcourts-service.gov.uk/courtfinder/forms/n208_1000.pdf

 

and then take it to the court office and issue it. It will be served within 2 days. Unfortunately it will cost you £150 but you will get that back if you win.

 

You wil be asking for an order that the car is returned to you forwith and in the condition it was in whan it was taken from you.

Include a figure for your inconvenience, any expenses and also ask the judge for exemplary damages in the court's discretion not exceeding £300.

 

Keep all of your damage claims reaosnable and the judge will be sympathetic to you.It seems to me that once you satisfied the bailiff's requirements for proof, he should have returned the car and not have kept on asking for more. If you win the case then you should report the bailiff to the OFT and to TS as well as to the court that he is working for.

 

make sure that the car is in good condition when it is returned and if it is not then go back to the judge and say that he hasn't fully complied with the order

[dx100uk]

moved to bailiffs forum

 

who is the company please

 

dx

[moo22]

thank u everyone its NEWLYN baliffs!!

[moo22]

also yes car was exchanged week or 2 before baliff took it as dated on the log book receipt & insurance...its also a completly different council & area to where i live now with the car. all baliff said was id go exchange back & get my car back if i was you, like he knows full well he has no intension of giving car back to me!

 

however i have no recordings of him saying anything.

[dx100uk]

so i take it he has levied on the car elsewhere before you brought it?

 

he should have shown that surely?

 

dx

[moo22]

no idea, he hasnt shown nothing car was just taken without me being there & now he refuses to give any info on where he is, just give a fax n.o. he wouldnt even give the name of bailiff company at first!!

[seanamarts]

Find out what council he is working on behalf for and get in touch with them as well as other advice that has been given, write a formal complaint to them outlining what has happened.

Also state that they are fully responsible for their agent and you will be seeking legal action if the car is not returned.

[Fair-Parking]

This is a familiar story. Newlyn bailffs, refusal to identify, no paperwork left etc. All entirely illegal of course. 'The car has parking tickets against it?' Err no - its people who receive parking tickets and not cars. All this lazy and corrupt bailiff has done is to have come stumbled across your car via his less than updated and illegal ANPR system and then just took it.

 

No point in trying to reason with him or Newlyn (a company whose director David Smith was adjudged to have lied to a court - Judge Platt Romford County Court December 2009) because he couldn't care less. He's on his way to receiving his commission and that is all he cares about.

 

By the way, whilst going to court to get the car back is good advice, there is no point in making the bailiff the defendant. The car is no longer in his possession and he is no longer responsible for its upkeep and safety.