newlyn clamped car

[decky75]

hi all i am desperate i have gone to my car this morning to take kids to school to find my car has been clamped i called the number on the big red and white sticker and spoke to a balliff he said it was for unpaid parking fine from december i need some help i had no knoweledge of this no letters can they do this he didnt even knock on the door help please......

[tomtubby]

If you had no knowledge of this PCN then you can file an Out of Time Witness Statement. All enforcement should then be stopped. You will need to find the PCN number ( this may be on the Notice of Seizure that is the legal form that MUST be given to you). You then need to call the Traffic Enforcement Centre on 08457 045 007 and they will email the form to you. If you pay the bailiff then it is VERY difficult to get money back. TEC opens at 8.30.

 

When you speak to TEC ask them to confirm the address on the warrant. If the address is a previous one, the bailiff knows that he CANNOT enforce the debt at your current property without the council going through the correct procedures.

[decky75]

hi thanks for that i have not had any letters at all the first i have heard about this was this morning there was no distress warrant nothing i will gice them a ring i have no pcn number and the council are not open yet panicking now.

[tomtubby]

If you need any advice on how to complete the form...please post back.

[decky75]

hi quick question is the baliff allowed to clamp my car without a notice of seizure or a warrant of distress

[tomtubby]

The most important thing to do at the moment is to send the Out of Time statement to the Traffic Enforcement Centre.

[decky75]

hi yes waiting for the email from the traffic people to fill in the form i was asking as the baliff is on his way back to show me a copy of seizure or distress

[tomtubby]

Have sent you a PM

[decky75]

can a baliff clamp a car without a levy being made or a first visit

[decky75]

hi hope someone can help i have an out of time statement in place at the moment but balif is outside now trying to take my car

[sequenci]

hi hope someone can help i have an out of time statement in place at the moment but balif is outside now trying to take my car

 

Hello there. Did the bailiff take the car in the end? Sorry to learn that this is currently going on. Is it possible to have a bit of background, it's assumed we are talking Penalty Charge Notices here?

[decky75]

Hi, on Wednesday we wnet to take the kids to school when we found that the car had been clamped, we contacted the number on the large sticker placed on the car. talked to tomtubby got out of time statement done so i assumed he could not touch car. wednesday was the first a new about the fine when he showed up to clamp car

[seanamarts]

If you have an OOT in place then he cannot touch your car, bailiff intervention should have been halted.

 

Are you able to fill us in a bit more.

[seanamarts]

moving to bailiff forum

[decky75]

the warrant of execution was on an i pad and the original bill was for £170 now it has gone upto £634 plus removel charges and a missing clamp fee which we had assumed he had removed due to the out of time statement.

[decky75]

he is making calls to check the OOT statement.

[seanamarts]

a missing clamp fee??

 

who is the bailiff company

[seanamarts]

He cannot charge for a missing clamp fee, he would have to prove you removed it and had taken it.

[decky75]

i have just told him i have sent a form 4 in about him his company and the local council and making a complaint for excessive levy as the debt is only £170 maybes £634 however car is worth £3000.and no levy has been signed i did not get letter from baliffs also no first visit and assuming he thought he was doing the second visit.

[decky75]

baliff company newlyns. He said £300 fee for clamp and accussed me of taking it but if i give him it back he wont charge me...

[decky75]

quick question the warrant of execution has the 15th may on it but they supposedly wrote there first letter on the 18th can they apply for warrant before contacting me.

[seanamarts]

Hypothetically, if you did remove it and then gave it back, then he could have you charged with criminal damage.

[decky75]

i didnt remove it.

 

but also read some where that unless they have a clamping order then the clamp is on my car therefore it belongs to me.

[decky75]

right just spoke to him and he has confirmed that the OOT is in place and i have probably got a couple of weeks to get this sorted. So for now he is going thank god

[seanamarts]

Brilliant