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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice
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I have recently bought a car. Two weeks ago it was taken by

Customer Question

I have recently bought a car. Two weeks ago it was taken by bailiffs because the previous owner had parking fines.
I have sent the bailiffs all the information they requested to proof that I am the new owner.
They have just sent me the email below.
Please HELP.
After reviewing you documents, we have decided to reject your new keeper claim.
Under paragraphs 4 and 5 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 paragraphs 4 and 5, the property of the named debtor becomes bound to them, preventing the sale or disposal of those goods from the time the Warrant of Control is issued. This does not prejudice title in the goods that a person may acquire, provided they have done so in good faith, for valuable consideration and without notice. As such the goods are bound to the named debtor and we would suggest that you revert to the person you claim to have purchased the vehicle from for remuneration as they had no right to dispose of the goods in the first instance.
Under paragraph 60 (4) (a) of Schedule 12 of the Taking Control of Goods Regulations 2013 if you are to make an application to the Court, you must deposit the value of the vehicle into Court when making the application. CPR 85 sets out the procedure for claims on controlled goods, which you will be required to follow.
I would suggest however, as an alternative, that you discuss the matter with the named debtor, and simply ensure that the Warrants of Control issued against them are discharged, thus securing the release of the vehicle.
In the event that either payment in full is not made, or an application to the Court including the value of the vehicle is not made, then vehicle will be entered into public auction.
Your claim has been treated as one being made pursuant to CPR 85. If you are in any doubt as to your position you should seek competent independent legal advice as a matter of urgency.
Any legal action taken against Newlyn PLC or our Enforcement Agent would be vigorously defended and in the event that you are unsuccessful Newlyn PLC will request the court to award costs.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

How do I get my car back ? Am I to contact the person I bought the car from to get my money back?

I cant get through to her at the moment.

Expert:  Jo C. replied 1 year ago.
How much have you paid for the car?
Customer: replied 1 year ago.


Expert:  Jo C. replied 1 year ago.
This is a situation that depends upon information that you won't know.
This is a fairly standard bailiffs response that might mean everything or nothing.
If this vehicle was in walking possession then it should not have been sold and you have no claim against the bailiffs but you can recover your money from the seller.
If the vehicle was not in walking possession then you do have a claim.
This does read as though the bailiffs had a warrant for the seizure of this specific vehicle. If so, your claim would be against the seller.
If you cannot get hold of them but still have their address then you could always sue. I would write to them though asking them to resolve the warrant within 7 days. If they do not make clear you will sue.
You could claim against the bailiff but this is the safer option.
Can I clarify anything for you?
Customer: replied 1 year ago.

What is a walking possession?

Expert:  Jo C. replied 1 year ago.
It is when the bailiffs take control of an item of property but allow a debtor to keep it until it is paid.
Customer: replied 1 year ago.

They took the car off me after the debtor had sold it to me. ( While awaiting the log book) The log book date proves that the took the car after I had bought it.

Can you please advise on how I can get my car back from them.

Expert:  Jo C. replied 1 year ago.
Yes, of course. The issue is whether the seller could sell it for the reasons above.
You can always seek an injunction but if the bailiffs version of events is correct then you will have to pay their costs.
Customer: replied 1 year ago.

how do i seek an injunction?

Expert:  Jo C. replied 1 year ago.
You can use the N245 forms.
You should really write to the bailiffs and their governing bodies warning them of your intention to sue if they do not release the vehicle.
Please do bear in mind that this is a risky course of action that I would not recommend.
Customer: replied 1 year ago.

Thank you.

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

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