Had an absolute nightmare Saturday morning
Car was clamped by JBW and he informed me that it would be towed in 2 hours, this had been cleared with the finance company as it only has 2 more payments on it.
I rubbished his claim (with video evidence) playing a call from the finance company to say the car belongs to them, not me, and there is actually a balloon payment after the 2 payments and also that no one from JBW had been in contact.
This is the second time my car has been clamped in a month. It was previously clamped on 14th June. I had sent a notice of vulnerable person on 13th June and they clamped it at 6am 14th June.
These were removed (not by myself or by JBW) but I got in touch with Bromley Parking Services and they said they will order to have someone remove the clamps immediately. Nobody from JBW came to do so and the clamps had literally been removed at that point
So back to today I text him and said he had 1 hour to remove the clamps. He put no time on the notice he gave today and I stupidly said to him that he can have the one out of my boot aswell When he removes the other.
Next thing is the police have arrived under the allegation of theft! The EA from JBW kept shouting over at me in front of the police that I have broken the law, I have admitted theft.
I refused to pay anything and so my car is still clamped. I had told the officers that I won't be removing the clamps but I want to know what legal standing I have? As they admitted they weren't clued up on this area and seem to believe the shouty EA that he's completely in the right.
Can I remove them under the idea that the vehicle isn't actually mine? I don't want to push it with the police as the EA kindly let slip about reporting vehicles stolen.
The debt with Bromley had as far as I know been taken back but he's also collecting for 2 dartcharge offences.
JBW clamp vehicle on PCP
Re: JBW clamp vehicle on PCP
Just send a text to the bailiff telling him the car is on PCP and to return control of the car.
If it's still clamped 24 hours later then you can apply for an injunction and the bailiff company pays your costs.
You then claim damages for the unlawful deprivation of the use of the car at a subsequent hearing.
You MUST make a screenshot of the text message you sent to the bailiff and give that in evidence when you apply for the injunction.
There is case law that states it is not unreasonable the bailiff make checks the car belongs to the debtor before taking control of it. This needs to be in your claim.
If you know the identities of the police officers then you can make a separate claim against the police force for "dereliction of duty" which you can be paid damages. You will need a specialist solicitor to bring claims of police malfeasance or abuse of police authority, and claims can take a long time. You don't need to attend court because settlements are negotiated by solicitors.
If it's still clamped 24 hours later then you can apply for an injunction and the bailiff company pays your costs.
You then claim damages for the unlawful deprivation of the use of the car at a subsequent hearing.
You MUST make a screenshot of the text message you sent to the bailiff and give that in evidence when you apply for the injunction.
There is case law that states it is not unreasonable the bailiff make checks the car belongs to the debtor before taking control of it. This needs to be in your claim.
If you know the identities of the police officers then you can make a separate claim against the police force for "dereliction of duty" which you can be paid damages. You will need a specialist solicitor to bring claims of police malfeasance or abuse of police authority, and claims can take a long time. You don't need to attend court because settlements are negotiated by solicitors.
Re: JBW clamp vehicle on PCP
I sent a message at the time to give him 1 hours notice which I screenshotted, he informed the police face to face that he is within his rights to clamp the car but admits he cannot do anything else with it.
The finance company explained to him directly also that they cannot take the car away but didn't mention returning vehicle to control to me..
That's what has confused me about this now
The finance company explained to him directly also that they cannot take the car away but didn't mention returning vehicle to control to me..
That's what has confused me about this now
Re: JBW clamp vehicle on PCP
The legal position as it stands is bailiffs cannot take control of goods oh hire purchase.
Taking control of a car includes clamping it.
There are websites set up by bailiff companies masquerading as independent advice that says cars on hire purchase can be clamped. If a bailiff company recommends such a website to you and you exhibit a copy of it your claim, you can be awarded "exemplary damages"
You either have to concede to the debt and claim damages later, or get an injunction.
If you get an injunction, it usually makes the debt being enforced toxic for the bailiff company, and they give up on the enforcement.
Taking control of a car includes clamping it.
There are websites set up by bailiff companies masquerading as independent advice that says cars on hire purchase can be clamped. If a bailiff company recommends such a website to you and you exhibit a copy of it your claim, you can be awarded "exemplary damages"
You either have to concede to the debt and claim damages later, or get an injunction.
If you get an injunction, it usually makes the debt being enforced toxic for the bailiff company, and they give up on the enforcement.
Re: JBW clamp vehicle on PCP
Sorry If I'm asking a stupid question, but what do you mean by 'concede to the debt' ?