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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Council bailiffs unlawfully seized my car to enforce an unpaid

Resolved Question:

Council bailiffs unlawfully seized my car to enforce an unpaid PCN owing by the pervious owner. The bailiff pressurised me into paying the debt.

I complained to the council they refused to refund the money on basis that they don't believe I was the new owner of the car. Despite the fact that I supplied them copies of logbook insurances certificate, sale invoice. Claim amount is about £900.

I complained to the bailiff company they said I failed to provide sufficient evidence to support the new owner claim, and alleged some evidence documents are fraudulent, but this is a compete lie.

Do I have a valid claim to bring to the county court,
what are the likely chance of a successful outcome?

If I lose do I need to pay the council costs?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you ever get a notice to owner or anything please?
Customer: No nothing
Alex Watts :

So you didn't get the ticket, you didn't get a reminder, you didn't get the notice to owner and you didn't get the Court papers?

Customer: The ticket wasent issued to me, it was issued to pervious car onwers
Alex Watts :

What did you have to show the bailiffs regarding new ownership please?

Customer: Section 10 of logbook and insurance certificate, they didn't believe it and forced to pay up
Alex Watts :

Ok - then like you my view is that this is wrong.

Alex Watts :

But in terms of proceedings then you could issue a small claim for the fees.

Alex Watts :

But ideally you needed to apply to the Court in order to set aside the PCN proceedings.

Alex Watts :

There would have been a warrant required an you could have applied to Northampton County Court to set aside the Order.

Alex Watts :

But sadly you have paid.

Alex Watts :

It may be that if you issue proceedings then a Judge would say that you should have followed a different process

Alex Watts :

You could try a small claim as costs are limited but a Judge may consider that an appeal was the way forward.

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: o I tried to appeal it
Customer: I'm not allowed to appeal because the name on the warrant it's not me,
Alex Watts :

Ok - then you may be able to issue a small claim instead.

Alex Watts :

Does that help?

Customer: Will I succeed without replying on my documentary evidence. The fact is the ticket was not issued in my name or address, their bailiff wrongly clamped my car for somebody else debt.
Alex Watts :

Yes that certainly helps you.

Alex Watts :

The fact the ticket was not in your name, really helps you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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