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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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My car has been taken by BAILLIFF today 4th of march 2014 .

Customer Question

My car has been taken by BAILLIFF today 4th of march 2014 . I have spoken to a representative of the BAILLIFF company NEWLYN and they say they will sell the car tomorrow unless I pay them £1900 by tomorrow morning.. What can I do as I don't have that kind of money straight away.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Do you accept that you owe the money?
Customer: replied 4 years ago.
I DO ACCEPT THAT I OWE THE MONEY EVEN THO IT WAS A DISPUTE WITH CAMDEN PARKING SERVICES LONDON. They passed the case to the BAILLIFF , and once it got there, it seems that I cannot do anything. They want £1900 pounds by tomorrow morning. That is grossly unfair. Is there anything I can do..
Expert:  Jo C. replied 4 years ago.
Its not the best news.

Was the vehicle in walking possession before today?
Customer: replied 4 years ago.
Yes it was. Is ther anything I can do to stop them selling the car until I can get the money
Expert:  Jo C. replied 4 years ago.
Thanks. Its bad news Im afraid.

There are supposed to give you a period of notice but the problem with this is that if the vehicle was in walking possession then they did, the debt wasn't paid so they can secure upon it by seizing the vehicle.

The act of putting an item into walking possession is basically impounding it but it remains with you so that you can continue to use it.

The practical reality is that they will not get it into an auction tomorrow morning. They may well make it available for an auction but its very unlikely they will be able to sell it although they are entitled to do so.

It might be that the bailiffs would accept a lesser amount. They will not get this amount at auction so they might prefer to have a lesser sum from you.

I don't know what the nature of the dispute is with Camden as you don't mention that here? If you are making a statutory declaration then you could probably get a stay on that basis but the court may be displeased that you didn't act when the car was placed in walking possession.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.
No they hadn't impounded my car while I was able to use it, I parked my car over a mile from my house on a pre pay parking bay. I returned within 2 hours as I needed to top up my parking time, and my car was missing. I phoned the police to find out if they knew where my car was and they informed of NEWLYN the bailiff company had it. I called and they said I had I had four outstanding warrant on my car and they had seized it and that I needed to pay them £1900 or they would be selling the car tomorrow. Is your answer still the same jo
Expert:  Jo C. replied 4 years ago.
Yes, it was in walking possession - effectively an impound but you keep control over it. The point I was making is that the date of walking possession is the date of seizure.

It is frustrating that they found you that far away but unfortunately they did.

Its still quite unlikely they will sell it tomorrow.