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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69511
Experience:  Over 5 years in practice.
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hi there I have bought a car from a relative of mine six weeks

Resolved Question:

hi there I have bought a car from a relative of mine six weeks ago ,I have the log book on my name , my relative is still insured to drive it ,the car got clamped because of a fine not paid a long time ago when it was registered on her name,I'm the owner now .Do they have the right to clamp it?What can i do?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who is the issuer of the fine please?
Customer: replied 2 years ago.

the issuer is harrow council but i don,t know the bailiffs company name.

Expert:  Jo C. replied 2 years ago.
No, thats fine. Thats all I need to know.

I presume the details of the registered keeper have been changed at the DVLA?
Customer: replied 2 years ago.

affirmative.

Expert:  Jo C. replied 2 years ago.
is this a close relative?

Are the bailiffs saying that they don't believe the transfer is legitimate?
Customer: replied 2 years ago.

the transfer happened before the clamping,there argument is that she is still insured to drive it.

Expert:  Jo C. replied 2 years ago.
Yes, but I presume it happened after the issue of the fine?

Was it after the adverse decision by the Adjudicator?
Customer: replied 2 years ago.

correct.

Expert:  Jo C. replied 2 years ago.
Thank you.

This will really come down to a factual dispute that will have to be determined by a court.

The bailiffs will be saying that this is a false transfer to abrogate the affects of the judgement against your relative. They will be relying on the fact that the transfer was only made after the decision by the adjudicator and to a relative. The fact that she remains on the insurance is also very damaging. I'm afraid that sometimes people do take action like this to try to prevent bailiffs from enforcing a finding.

That said, just because some people do this falsely does not mean that every transfer is false. If you are able to convince the court that this is a genuine then the vertical should be released to you.

If the vehicle has been clamped and seized then the only way to secure its release is to complain to the court using the N244 form effectively on the basis that this is your vehicle and it has been seized by the bailiffs for the debts and liabilities of another. You should be aware that if you lose this you will face the costs of the bailiff although in fairness that is not a huge amount.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69511
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you so much !

Expert:  Jo C. replied 2 years 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 http://www.justanswer.co.uk/law/expert-remus2004/

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