ADVICE NEEDED ABOUT WHEEL CLAMPING PLEASE
21 September 2010, 03:42 PM
#31
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Yeah i have spoken to my mate and told him to sort out a payment option if he ever wants to get his scooby back on the road, problem is that they are adamant they want £400 and now are trying to threaten him with court for removing the clamp
I have agreed to keep the car in my garage while he sorts this issue out and he is now driving my peugeot 106 diesel
Yeah i am tempted to throw the clamp away but i guess they will have a better case and to be honest my mate does not need this on his plate
21 September 2010, 04:26 PM
#32
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as f1_fan has pointed this is not a cowboy clamping outfit just bailifs acting on behalf of the courts, just like they would for the DVLA etc
if the fine isn't paid, it will just increase over time, and the person owing it will never get credit/mortgage/phone contract etc etc
which is fine if he is a gypsy - the seem to cope OK
if the fine isn't paid, it will just increase over time, and the person owing it will never get credit/mortgage/phone contract etc etc
which is fine if he is a gypsy - the seem to cope OK
21 September 2010, 04:51 PM
#33
I'm not sure why the car was clamped for an outstanding fine......the baliffs cannot clamp your car as a "ransom" to pay a parking fine. That's depriving you of your lawful right to enjoy your car !
Just sounds a bit fishy LOL
Shaun
Just sounds a bit fishy LOL
Shaun
21 September 2010, 09:46 PM
#34
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They can if that is the car which got the ticket and it is still at the same address......
However the Bayliff has not come to pick up the clamp
However the Bayliff has not come to pick up the clamp
21 September 2010, 10:03 PM
#35
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Why not ring up the bailiff and advise them your mate will be charging rent of £100 per day for storage of their clamp on his property!!
Perfectly legal
22 September 2010, 01:50 PM
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LUCKY GIT
Guys a update, Bayliff shows up this morning to pick up the clamp and goes to my mates mrs that he will return THIS EVENING with the police to remove goods????.....that was quick??????? dont they need a warrant to entre the property?
Any advice on this as his mrs is in tears!
Guys a update, Bayliff shows up this morning to pick up the clamp and goes to my mates mrs that he will return THIS EVENING with the police to remove goods????.....that was quick??????? dont they need a warrant to entre the property?
Any advice on this as his mrs is in tears!
22 September 2010, 02:06 PM
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Yeah they need a warrent to force entry but if they find a door or windown unlocked they can enter through that fine... :S , but this doesnt sound like a standard private clamping style thing, sounds like owed amount been passed along to a "collection" agency. although if it is private its prob more scare tactics...
22 September 2010, 02:16 PM
#39
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Yeah they need a warrent to force entry but if they find a door or windown unlocked they can enter through that fine... :S , but this doesnt sound like a standard private clamping style thing, sounds like owed amount been passed along to a "collection" agency. although if it is private its prob more scare tactics...
My Mate has spoken to the company today and they have declined any payment arranegments which is bang out of order
I have told him to contact the courts/council again and tell them the baliffs are not offering him a oppertunity to sort this out
22 September 2010, 02:56 PM
#40
Yeah i think the collection agency works for the council/ticket company as i have told my mate to speak to teh council to see if they would offer a payment plan....
My Mate has spoken to the company today and they have declined any payment arranegments which is bang out of order
I have told him to contact the courts/council again and tell them the baliffs are not offering him a oppertunity to sort this out
My Mate has spoken to the company today and they have declined any payment arranegments which is bang out of order
I have told him to contact the courts/council again and tell them the baliffs are not offering him a oppertunity to sort this out
22 September 2010, 03:30 PM
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While I don't know the full details in this particular case, councils normally go through a procedure for collecting unpaid fines and handing it over to a collection agency is some way down the line. In which case hasn't he just been ignoring previous correspondence? So his chance to sort it out as kinda gone hasn't it?
22 September 2010, 03:58 PM
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This is one of those situations were you can empathise to a degree, but if the debt has been outstanding for 6-months then £400 is probably getting off lightly. If the debt has been bought by a collection company they will be making their own profit and I would be very surprised if he has had no correspondence warning him of the consequences. He may already have a County Court Judgement against him and the court fees will have topped-up the debt nicely.
22 September 2010, 05:56 PM
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Guys a update, Bayliff shows up this morning to pick up the clamp and goes to my mates mrs that he will return THIS EVENING with the police to remove goods????.....that was quick??????? dont they need a warrant to entre the property?
Any advice on this as his mrs is in tears!
Any advice on this as his mrs is in tears!
TX.
22 September 2010, 06:04 PM
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I would say lock the door and **** them but with the little one in the house i dont want things getting out of hand. I am the godfather to the child after all
22 September 2010, 06:06 PM
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I approached the filth about a incident involving a known dealer in the area but they simply did **** all....i mean i can look outside my work and see deals going on all day long
22 September 2010, 07:42 PM
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Can i ask - hypothetically that is
Assuming a clamp has been removed then how can the clamping firm hold you responsible for removing it without witness(es) or proof, if you do not admit to removing it or get someone else to then they ask you did you remove it or ask someone else to do so or have any knowledge of its removal then you answer 'no' then how can the bailiffs be sent iin or you found guilty. I mean the likelihood is that you are involved but surely the isn't proof as such just conjecture.
Assuming a clamp has been removed then how can the clamping firm hold you responsible for removing it without witness(es) or proof, if you do not admit to removing it or get someone else to then they ask you did you remove it or ask someone else to do so or have any knowledge of its removal then you answer 'no' then how can the bailiffs be sent iin or you found guilty. I mean the likelihood is that you are involved but surely the isn't proof as such just conjecture.
22 September 2010, 08:15 PM
#50
correct me if im wrong,what you seem to be talking about is your mate has not paid for a parking penalty issued by the council,who has then instructed a bailif to collect the debt,who inturn has clamped the vehicle in order to give your mate a chance to pay the debt(including the bailifs fee)before seizing the car and selling it on to pay the debt,if this is the case i recommend that your mate pays the bailif,or next time the car hits the street the f*"*ers will tow it away!
22 September 2010, 09:40 PM
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Can i ask - hypothetically that is
Assuming a clamp has been removed then how can the clamping firm hold you responsible for removing it without witness(es) or proof, if you do not admit to removing it or get someone else to then they ask you did you remove it or ask someone else to do so or have any knowledge of its removal then you answer 'no' then how can the bailiffs be sent iin or you found guilty. I mean the likelihood is that you are involved but surely the isn't proof as such just conjecture.
Assuming a clamp has been removed then how can the clamping firm hold you responsible for removing it without witness(es) or proof, if you do not admit to removing it or get someone else to then they ask you did you remove it or ask someone else to do so or have any knowledge of its removal then you answer 'no' then how can the bailiffs be sent iin or you found guilty. I mean the likelihood is that you are involved but surely the isn't proof as such just conjecture.
22 September 2010, 09:46 PM
#52
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correct me if im wrong,what you seem to be talking about is your mate has not paid for a parking penalty issued by the council,who has then instructed a bailif to collect the debt,who inturn has clamped the vehicle in order to give your mate a chance to pay the debt(including the bailifs fee)before seizing the car and selling it on to pay the debt,if this is the case i recommend that your mate pays the bailif,or next time the car hits the street the f*"*ers will tow it away!
The above is correct but we are talking about a single ticket worth £35 which has now gone to £400, also they didnt knock on his door they just put the clamp on and put a sticker on his windscreen.
He is more than willing to sort this out but they are not giving him the oppertunity! I have offered him the cash and told him to pay me in installments but he is sticking by his guns
Goodnews is that his car wont be coming back on the road until this issue has been resolved and the bayliff will never find it
22 September 2010, 10:25 PM
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Tell your mate he really needs to sort this out.
I can't see the situation getting any better anytime soon and as you've stated. You're getting involved as he's out at work. So who's likely to be in the firing line next time the Bailiffs call?
I'd suggest he gets himself onto some parking forums or pepipoo to find out what greater or at least, more informed minds make of the situation.
J.
I can't see the situation getting any better anytime soon and as you've stated. You're getting involved as he's out at work. So who's likely to be in the firing line next time the Bailiffs call?
I'd suggest he gets himself onto some parking forums or pepipoo to find out what greater or at least, more informed minds make of the situation.
J.
22 September 2010, 10:56 PM
#57
I recently had a Parking "fine" from a cowboy outfit. Through reading up on that, I've found that the bailiffs can only be issued AFTER the matter has been taken to court, and you still haven't paid.
So unless you got it wrong and it is some cowboy outfit putting the frighteneners on, and not the council, then there is not much they can do.
So unless you got it wrong and it is some cowboy outfit putting the frighteneners on, and not the council, then there is not much they can do.
22 September 2010, 11:44 PM
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OK, my opinion....slap the car in someone elses name. A baliff cannot remove a car not registered in the name of the debtor. Stick it in someone elses name then carry on driving!
They cannot enter your house unless invited in or as previously said there's an open window/door. Once invited in, they are within their rights to force entry at anytime thereafter.
They cannot enter your house unless invited in or as previously said there's an open window/door. Once invited in, they are within their rights to force entry at anytime thereafter.
23 September 2010, 12:11 AM
#59
I recently had a Parking "fine" from a cowboy outfit. Through reading up on that, I've found that the bailiffs can only be issued AFTER the matter has been taken to court, and you still haven't paid.
So unless you got it wrong and it is some cowboy outfit putting the frighteneners on, and not the council, then there is not much they can do.
So unless you got it wrong and it is some cowboy outfit putting the frighteneners on, and not the council, then there is not much they can do.
I'm not being funny and I may well be wrong, but I wouldn't have thought it would be passed onto a collections agency without being given at least another warning to pay up after the initial ticket. With councils, anything is possible though.
Are you/him sure there isn't some way to arrange a payment plan? I know things may work differently in the parking fine world, but even with unsecured debt that is passed onto collections agencies there is usually a way to pay over time, either directly or via the courts.
If you have offered the money to pay, and that would get them off their backs (esp. with a young family) I personally think your mate would be best accepting the offer and getting advice in the meantime/after as to whether he has grounds to claim it back.
It would appear the situation is unlikely to get better by ignoring it and he/his family can't carry on more or less 'living in fear'.
23 September 2010, 08:48 AM
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Or (and I'm no expert) the council issued the ticket, it remained unpaid, they passed it onto a collections agency and hence the jump. Plus as JonMc said, he may already have a CCJ against him by now.
I'm not being funny and I may well be wrong, but I wouldn't have thought it would be passed onto a collections agency without being given at least another warning to pay up after the initial ticket. With councils, anything is possible though.
Are you/him sure there isn't some way to arrange a payment plan? I know things may work differently in the parking fine world, but even with unsecured debt that is passed onto collections agencies there is usually a way to pay over time, either directly or via the courts.
If you have offered the money to pay, and that would get them off their backs (esp. with a young family) I personally think your mate would be best accepting the offer and getting advice in the meantime/after as to whether he has grounds to claim it back.
It would appear the situation is unlikely to get better by ignoring it and he/his family can't carry on more or less 'living in fear'.
I'm not being funny and I may well be wrong, but I wouldn't have thought it would be passed onto a collections agency without being given at least another warning to pay up after the initial ticket. With councils, anything is possible though.
Are you/him sure there isn't some way to arrange a payment plan? I know things may work differently in the parking fine world, but even with unsecured debt that is passed onto collections agencies there is usually a way to pay over time, either directly or via the courts.
If you have offered the money to pay, and that would get them off their backs (esp. with a young family) I personally think your mate would be best accepting the offer and getting advice in the meantime/after as to whether he has grounds to claim it back.
It would appear the situation is unlikely to get better by ignoring it and he/his family can't carry on more or less 'living in fear'.
Lisa i am not sure if they did try and contact him and he ignored the letters?? dont know but if we change the vehicle out of his name then the insurance will be void?
He has in front of me offered to pay the full £400 at £100 a week but this has been declined and they go this is due to the fact that the job has been issued to the Bayliff
i got the number and ref from my mates house yeasterday and might just call them and pay cos this is really doing my nut in
