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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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bailiffs did not clamp my car first but removed it and without

Customer Question

bailiffs did not clamp my car first but removed it and without giving me seizure papers of any kind. then in their pound forcefully entered my car. is this with in their rights and normal procedure /
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Is this for a parking fine please?
Customer: replied 3 years ago.

Hi Jo, yes parking fines. actually 4, 3 of which should not had been issued in the first place they were issued within the one month grace period of renewal of blue badge ( was on display) . the 4th one was issued few minutes after the expiry of paid time while I was on the automated telephone system to extend parking period.


Finally the car was removed when it was parked in a disabled bay and had the disabled blue badge on display. The blue badge regulation is clear that when a car is displaying a valid blue badge it can not be clamped or removed for parking offences.

Expert:  Jo C. replied 3 years ago.
Thank you

A bailiff certainly should not remove a vehicle displaying a blue badge. Bailiffs have been known to deny that a blue badge was displayed at the time of removal. That is one of their grounds for justification.

To recover anything though you have to sue at the county court. The stat dec may be successful but bailiffs often will not refund the claimed sum unless legal action is taken against them.

Cam I clarify anything for you?

Jo
Customer: replied 3 years ago.

FOR JOMO1972


Thank you Jo.


I have not paid them any money. they still have my car.


do I have to wait for the outcome of the Statuary declaration and then apply to county court to force them to return my car.?



also is it not the responsibility of the local authority to cancel the fines that were issued illegally and not to waste court's time or Traffic Enforcement Center's time ?

Expert:  Jo C. replied 3 years ago.
You can seek an injunction using the n244 forms for the return of your car but its safer generally to pay and reclaim.

No, its a matter with the bailiffs and the court now and not for the council. They certainly can call the bailiffs off but they won't do that until there is a court order from Northampton

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