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Alice H
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Gday,my name is dave lewis (i am a parking permit protestor),bailiffs

Resolved Question:

Gday,my name is dave lewis (i am a parking permit protestor),bailiffs removed vehicle L231JMJ on 18/7/13 believing car belonged to me, I sold vehicle to ms J.James on the 17/7/13 :). After being shown dvla document and receipt they still haven't returned car to ms J.James. do you know of anybody willing to take this case on gratis?
many thanks
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

What is the relationship between Dave Lewis and J James, if any? Was this a complete sale and transfer?
Customer: replied 3 years ago.

Gday,at the time of sale, we were starting new relationship, I live in Cardiff, she in caerphilly


not quite sure of terminology, complete sale and transfer, but she was the new owner of vehicle having paid cash.


many thanks

Expert:  Alice H replied 3 years ago.
Hi Dave

Thanks for the additional information. On the basis that this was a genuine sale the bailiffs have no right to seize the car. Once ownership passes to the buyer the property in question cannot be seized to satisfy a debt owed by the seller. This is a basic rule of law and the new owner has the right to have the car restored to her. Failure to do so gives her the right to lodge a complaint (called Form 4 procedure), obtain an injunction for restoration and damages for any losses and expenses incurred.

Unfortunately, its unlikely that you'll find a solicitor to do the work pro bono. These are hard times I'm afraid! But I can certainly give you further guidance on the issue.

What I suggest she does is send a letter of claim, preferably by fax, giving the bailiffs a couple of days to restore the car. If they fail to do so she should lodge a complaint using the Form 4 procedure. I am attaching a link below from which you can download the relevant form and letter template:

http://www.dealingwithbailiffs.co.uk/BailiffsForm4Complaint.htm

Alex

Customer: replied 3 years ago.

Gday Alex,many thanks for previous help, extemely useful, thank you.


 


Following Mrs Justice Langs' ruling in the High Court recently against a London Borough re: councils illegally raising money through permits etc;


People are able to reclaim the money they have paid for permits from their respected councils I believe; IF that is so,would I have a claim for compensation against my local council for being imprisoned in 2010 for refusing to pay the fines from tickets recieved in the street I reside?


many thanks, Dave


 

Expert:  Alice H replied 3 years ago.
Hi Dave

that's a separate issue to the original question you posted. Please remember to rate my answer and I will happily look at the new question for you.

Alex
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Traffic Law Specialists are ready to help you
Expert:  Alice H replied 3 years ago.
Hi Dave

What exactly were the circumstances which led to your imprisonment in 2010?

Alex
Customer: replied 3 years ago.

Gday Alex,


 


amassed 5/6 tickets from parking in permit bays in my street (not on purpose,out of neccessity) old system of traffic wardens,went to mags court and refused to pay fine out of principle,sentenced to 7days;done 2nights and they couldnt find my release papers so had a delayed release by 2/3 hours. council charge £5 1st permit, 30/40/60 subsequently.this is per house not flat/bedsit etc. connaught rd (where I live)most densely populated street in Cardiff.not enough bays for permits sold,they cant guarentee a space even if you have permit.


well documented in the local s.w.echo and itv news.


 


many thanks, dave


 

Expert:  Alice H replied 3 years ago.
Hi Dave

What an extraordinary situation you found yourself in! Its a shame that you didn't make contact with us at the time because I'm sure we could have guided you a little further on the law. Unfortunately, however, you are now well out of time to appeal the decision and/or seek a judicial review of the court's decision. There are strict time limits on appeals and the courts will not entertain an application to appeal which is made some 3 years after the event. Furthermore, you do not appear to have been sent to prison for a criminal offence - you appear to have been imprisoned for non-payment of fines. This is the last resort for the court and no doubt they would have given you opportunities to pay. All in all any attempt to appeal now is likely to be futile I'm afraid.

I'm sorry to sound so negative about this but I don't think there's any point beating about the bush. I have to be honest and upfront rather than tell you fairy tales and send you on a wild goose chase. Hopefully you understand the reasons for my views.

Regards

Alex
Customer: replied 3 years ago.

many thanks Alex, upfront n honest is how it ought to be.


good luck and thank you once again for your help :)

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