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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69256
Experience:  Over 5 years in practice
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I had my car towed away by bailiffs yesterday. At 2.50

Customer Question

Hello,I had my car towed away by bailiffs yesterday.
At 2.50 as i was going to collect my kids from school, the bailiff turned up 10 mins before i went out ( neighbour witnessed him arrive and the tow truck arrived 5 mins later ) the bailiff was polish so did not fully understand him, he never gave me any papers, just said he was a bailiff collecting a ticket for parking in a loading bay sometime in November 2014, i tried to offer a part payment and asked for the pram and my credit card and sons inhaler as he has asthma, the guy would not let me near car and they just took car i honestly did think they stole it and called the police who told me who had taken car -- at no time did he give any paper work or even accept any form of agreement just demanded whole sum 766 pounds or he will take car. They have taken car to Essex and we have to pay and go to the tow people to collect car ourselves at our expense.
Its a automatic car and was towed on its back wheels which i was told is very bad for the car.
We moved address last December but i forgot to tell the DVLA we had moved this is what prob caused this penalty amount, even so if they knew we lived here should he not of given me a notice first because the bailiff said he caught me the camera in his van and followed me home when i got home i talked to my neighbour for a few mins so he did have time to speak with me if what he said is true? but made no attempt to contact me.
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 ?
Customer: replied 1 year ago.

Well is it legal the way the bailiff did this-- seemed so wrong how he did it

And should we pay the full 766 pounds to get the car back or is there a legal way to get the car back as we intend to go for car tommorow

Expert:  Jo C. replied 1 year ago.
No. Come what may, you haven't paid a parking fine and they go to bailiffs if you do not pay.
There is clear case law to the effect that they can immobilise cars before speaking to the home owner although they should not charge for the clamp.
He should have offered you the chance to pay but only payment in full would have stopped the action.
He should have let you collect goods from the car but obviously that doesn't render the entire action unlawful.
There's of way of recovering the car without paying in full. What you can do is sue the bailiff if you think there has been overcharging but only afterwards. He should not be charging for a clamp if he out it on before speaking to you although if this was only £766 and the car was towed them that would suggest he did not. You need to write to the, and get a breakdown of their charges.
If you are saying you didn't get the fine then you can always make a statutory declaration to the effect but I'm not sure that is your position?
In relation to the move, it depends what specifically you didn't receove as to whether you can make a stat dec. if you give me more information I might be able to offer more.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69256
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much,yes please I need to understand this better if I did not had any warning about this matter,is it that this bailiff acted against the low,he caused me a lot of bad time and financial disturbance.


Expert:  Jo C. replied 1 year ago.
What would you like to know about this please?
Customer: replied 1 year ago.

So you are saying after i pay the 766 pounds and bring the car home THEN i do the statutory declaration.

And how do i take my money back?


Expert:  Jo C. replied 1 year ago.
You can make stat decs first but you have to have grounds and also if it fails then the cost will increase.
Im not sure what you mean about taking your money back?
Customer: replied 1 year ago.

how can I claim the money back by taking the bailiff to court or after stat decla the court will sort this out?!

Expert:  Jo C. replied 1 year ago.
If the stat dec is successful then they should repay automatically.
If not you will have to sue but it shouldn't be a difficulty.
Customer: replied 1 year ago.

are then the bailiff company going to pay me back?do they really pay or they just still money from people?have you heard them paying back anybody ever?!

Please let me know if this ever happened.

Thank you so very much

Expert:  Jo C. replied 1 year ago.

They do sometimes. They do not always. I wouldn't rely on it. Probably about 50-50. I would proceed on the basis that you will have to sue though and then you are prepared for the worst.

The other alternative is that you take a risk and make a stat dec first. It depends which you find more acceptable really.

Customer: replied 1 year ago.

Thank you very much,I have a better idea know what to do next,you answer me very well much appreciated for your patience and guidance

God bless you and your family


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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