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ADVICE NEEDED ABOUT WHEEL CLAMPING PLEASE

Old Sep 21, 2010 | 03:42 PM
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Originally Posted by macmac
clamp it to a light post and glue the lock ,,,,,,, what ,it was like that when i got here !!!

robbin bastids

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
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Old Sep 21, 2010 | 04:26 PM
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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
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Old Sep 21, 2010 | 04:51 PM
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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
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Old Sep 21, 2010 | 09:46 PM
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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
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Old Sep 21, 2010 | 10:03 PM
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Originally Posted by vava voom
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

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
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Old Sep 21, 2010 | 10:53 PM
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Im glad I live in Scotland where clamping is illegal
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Old Sep 22, 2010 | 01:50 PM
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Originally Posted by G.Mac
Im glad I live in Scotland where clamping is illegal
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!
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Old Sep 22, 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...
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Old Sep 22, 2010 | 02:16 PM
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Originally Posted by lazadude
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...
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
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Old Sep 22, 2010 | 02:56 PM
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Originally Posted by vava voom
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
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?
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Old Sep 22, 2010 | 03:30 PM
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Originally Posted by Miniman
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?
Yeah but that does not mean a £35 ticket gets bumped up to £400 and that also does not mean a clamp is put on his car without a knock on the door
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Old Sep 22, 2010 | 03:58 PM
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Originally Posted by vava voom
Yeah but that does not mean a £35 ticket gets bumped up to £400 and that also does not mean a clamp is put on his car without a knock on the door
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.
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Old Sep 22, 2010 | 05:21 PM
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Only in the UK eh? Chase a motorist from pillar to post, by fair means or foul.

But if someone breaks into your car?
"Oh, sorry, nothing we can do, here's a crime number".

B@stards!
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Old Sep 22, 2010 | 05:56 PM
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Originally Posted by vava voom
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!
Don't let them in? They can't break in can they? I'd also say that everything belongs to his wife ... can't take her stuff.

TX.
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Old Sep 22, 2010 | 06:04 PM
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Originally Posted by Terminator X
Don't let them in? They can't break in can they? I'd also say that everything belongs to his wife ... can't take her stuff.

TX.
I am currently at the address and waiting to see if anyone arrives as my mate dosent finish work until 8 pm! I have the cash in my pocket incase things get messy

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
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Old Sep 22, 2010 | 06:06 PM
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Originally Posted by alcazar
Only in the UK eh? Chase a motorist from pillar to post, by fair means or foul.

But if someone breaks into your car?
"Oh, sorry, nothing we can do, here's a crime number".

B@stards!
I agree, i mean 1 parking ticket has caused all this

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
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Old Sep 22, 2010 | 07:30 PM
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7.30pm and no sign of anyone.....just had a great fry up and think its time to get home before my mrs evicts me
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Old Sep 22, 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.
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Old Sep 22, 2010 | 07:49 PM
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Because he has admitted it on a public forum LOL

Shaun
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Old Sep 22, 2010 | 08:15 PM
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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!
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Old Sep 22, 2010 | 09:40 PM
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Originally Posted by Paul Habgood
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.
They cant prove nothing but they are still threatening to take him to court for taking it off
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Old Sep 22, 2010 | 09:46 PM
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Originally Posted by stu turbo 98
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
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Old Sep 22, 2010 | 09:56 PM
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the moral of consequence i am afraid

you need to teach it young
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Old Sep 22, 2010 | 10:22 PM
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How long had the clamp been on the car for?
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Old Sep 22, 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.
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Old Sep 22, 2010 | 10:33 PM
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Originally Posted by dannytwo
How long had the clamp been on the car for?
Most of the day
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Old Sep 22, 2010 | 10:56 PM
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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.
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Old Sep 22, 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.
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Old Sep 23, 2010 | 12:11 AM
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Originally Posted by joey_turbo
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.
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'.
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Old Sep 23, 2010 | 08:48 AM
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Originally Posted by Lisawrx
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'.

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
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