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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can you answer questions on enforcement agents and car clamping

Customer Question

Can you answer questions on enforcement agents and car clamping proceedures?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes - perhaps you can explain the situation a little more and about who the issuer of the ticket is?

JACUSTOMER-31n1nqth- :

Can you answer my question in relation to enforcement agents and car clamping?

Alex Watts :

Yes but I need to know what you want to know

JACUSTOMER-31n1nqth- :

What times are they allowed to visit, I understand new regs in April came out?

Alex Watts :

It is a bailiff or debt collector you are visited by?

JACUSTOMER-31n1nqth- :

Bailiff, or enforcement agent as now known

Alex Watts :

High Court enforcement officer?

JACUSTOMER-31n1nqth- :

no

Alex Watts :

And it is for parking?

JACUSTOMER-31n1nqth- :

Just for unpaid parking penalty charge, but on another car of mine, I want to know how they knew the car I own now? I've only had it for just over a month

Alex Watts :

So you have 2 cars?

JACUSTOMER-31n1nqth- :

No only the one, but that was scrapped two or three weeks ago

Alex Watts :

Ok, so you brought a new one?

JACUSTOMER-31n1nqth- :

The PCN was on that one. I bought another second hand car

JACUSTOMER-31n1nqth- :

Are they allowed to snoop? Somehow they knew the car was mine

Alex Watts :

Ok and they have clamped your new car?

JACUSTOMER-31n1nqth- :

Yes

Alex Watts :

Ok - I can say they are not any new regulations

Alex Watts :

n 2002 the Lord Chancellor's Department - now the Ministry of Justice - published the first National Standards for Enforcement Agents

JACUSTOMER-31n1nqth- :

Wasnt there a change in April?

Alex Watts :

Tribunals, Courts and Enforcement Act 2007 provided additional powers.

Alex Watts :

I have checked on the Ministry of Justice website and Direct.gov.uk and it does not say there have been any changes.

Alex Watts :

There are a number of changes, if that is what you mean?

Alex Watts :

They were reforms to Tribunals, Courts & Enforcement Act 2007.

Alex Watts :

Rules changed mainly are:

Alex Watts :

 



  • Ban landlords from using bailiffs to seize property for residential rent debts without going to court first

Alex Watts :

  • Introduce mandatory training and certification for bailiffs

Alex Watts :

  • Ensure vulnerable people get assistance and that bailiffs are trained to recognise them

Alex Watts :

  • Introduce clearer rules detailing when a bailiff can enter a property and what goods they can take

Alex Watts :

  • Bring in restrictions on when bailiffs can sell goods

Alex Watts :

  • Require bailiffs to tell the court the likely means of entry, goods involved and amount of force required before a warrant is granted to force entry, as well as provide details of how the premises will be left in a secure state afterwards

Alex Watts :

  • Force bailiffs to give seven days' notice before taking possessions, unless they have specific permission from a court

Alex Watts :

  • Introduce fixed fees, ending the ability of bailiffs to add excessive charges to the amount debtors had to pay

JACUSTOMER-31n1nqth- :

I want to know how they were allowed to establish my new car belonged to me?

Alex Watts :

They can contact the DVLA, so if they see a registration number, a check can be made.

Alex Watts :

They need to be authorised but they can do this

Alex Watts :

This is how private firms who give you tickets, know where to send a penalty et

JACUSTOMER-31n1nqth- :

He said another visiting enforcement officer saw a lady with blonde hair getting out of it and coming into this house on 28th Jan, I didnt have the car then so how could he?

Alex Watts :

I don't know what he was thinking.

Alex Watts :

But they can get your details confirmed by the DVLA

Alex Watts :

I do not know what processes this particular officer may or may not employ

Alex Watts :

If you believe there has been a breach of the Data Protection Act you can complain to the Information Commissioner

Alex Watts :

They investigate complaints for free and are at: www.ico.gov.uk

JACUSTOMER-31n1nqth- :

but you said with authorisation he can contact DVLA?

JACUSTOMER-31n1nqth- :

Does he need special permission to find out?

Alex Watts :

Yes, they need to be authorised.

Alex Watts :

The DVLA authorises bodies

JACUSTOMER-31n1nqth- :

Can you elaborated

Alex Watts :

But I would complain to the ICO - it won't do you any harm

Alex Watts :

Only authorised firms can get DVLA details

JACUSTOMER-31n1nqth- :

How do I find this out?

JACUSTOMER-31n1nqth- :

If they are authorised?

Alex Watts :

You can contact the DVLA

Alex Watts :

Or the ICO

Alex Watts :

That would be your best bet, complain to the IC

Alex Watts :

ICO

JACUSTOMER-31n1nqth- :

Does just being certificated enforement officers allow them that right?

Alex Watts :

Not necessarily

JACUSTOMER-31n1nqth- :

They only have a liability/Warrent of control issued by the bulk centre in Northampton, does that give them the right to infringe my privacy?

Alex Watts :

No - I have already explained, they need to be authorised by the DVLA

Alex Watts :

Which is why you need to complain to the ICO

Alex Watts :

They examine Data Protection and privacy issues for free

Alex Watts :

www.ico.gov.uk

JACUSTOMER-31n1nqth- :

So what they have done is in fact ileegal?

JACUSTOMER-31n1nqth- :

illegal?

Alex Watts :

You don't know that - they may be authorised.

JACUSTOMER-31n1nqth- :

Only through the ICO can I find out?

Alex Watts :

Yes

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-31n1nqth- :

If I pay to get my car unclamped, can I get a refund and compensation if I find out they have gained information about my new car they shouldnt have had access to? The warrant was for my previous car with that regestration

Alex Watts :

If they have not acted legally yes.

JACUSTOMER-31n1nqth- :

I want be entering into a contract with them if I pay which will prevent me from taking action if they have acted illegally?

JACUSTOMER-31n1nqth- :

wont

Alex Watts :

You should complain to the ICO as I have suggested

Alex Watts :

Can I clarify anything else?

JACUSTOMER-31n1nqth- :

I did ask originally what times they are allowed to visit which I havent an answer for

Alex Watts :

They can't come between 9pm and 6am

Alex Watts :

Does that clarify for you?

JACUSTOMER-31n1nqth- :

Does that apply to that type of Bailiff?

Alex Watts :

Yes

JACUSTOMER-31n1nqth- :

And has remained prior to the changes on April 6th?

Alex Watts :

Yes it has

Alex Watts :

Can I clarify anything else?

JACUSTOMER-31n1nqth- :

Do I ask the ICO about these people directly, and they will be able to tell me if they have permission to snoop? The firm is Ross&Roberts

Alex Watts :

You need to make a formal complaint for the ICO to investigate

JACUSTOMER-31n1nqth- :

So they cant tell me immediately?

Alex Watts :

No - they will investigate the complaint

JACUSTOMER-31n1nqth- :

Ok. I will have to pay for now, but Im still no happy with their approach

JACUSTOMER-31n1nqth- :

not

Alex Watts :

Indeed

Alex Watts :

But go via the ICO and if they find for you, you can seek a refund

Alex Watts :

Does that help?

JACUSTOMER-31n1nqth- :

They are devious these enforement people, he'll deny that they got info improperly, but there was no other way they could have got this info, I only got my log book with my details on last week

Alex Watts :

Indeed.

JACUSTOMER-31n1nqth- :

Ok I'll have to try the ICO, but not really gained any further information I was looking for from this conversation. Thanks anyway

Alex Watts :

What else would you like to know? I can only give you a legal answer, which may not necessarily be the one you want but I have to be honest

JACUSTOMER-31n1nqth- :

Ok NP I'll have to go down the ICO path

Alex Watts :

They have significant powers

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’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-31n1nqth- :

Thanks for your time, I'll end this conversation now

Alex Watts :

No problem - good luck and if I can help further please do let me know

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