Hello
I had a PCN for a no right turn n February 2020, unfortunately, life was in turmoil, I did not pay and let it festered now bailiffs have visited and clamp my car, the car is still on hire purchase, I did let them know, but they refused to release the car. I asked for a payment plan but they have also refused. please help with advice
Marston clamped my car on Hire Purchase
Re: Marston clamped my car on Hire Purchase
Bailiffs cannot clamp cars on hire purchase.
If there is money owing on the car, then it still belongs to the lender until the final payment is made.
The law says bailiff cannot take control of goods unless they are the goods of the debtor.
If a bailiff breaches any point of enforcement law, the debtor may apply to the court for an order to remove the clamp.
First, the court expects you to exchange communication with the bailiff to settle the dispute and remove the clamp before you apply to the court.
If you apply to the court because the bailiff is refusing to remove the clamp, then you can apply to the court and order the creditor, or council the bailiff is representing, to remove the clamp, and you can apply for damages.
Its usually about £25 a day for each day the car is clamped, plus, if your car is used for work or trade, then you may recover loss of earnings as well.
There is a further list of special damages you may recover.
You get your costs paid on top of all this.
I never litigate a bailiff company. I always go after the creditor, because the bailiff company has a contractual insurance policy lodged with them, so they can just pay you, and they recover the money from the bailiffs insurance.
Bailiff companies otherwise use aggressive solicitors, who frustrate applications with threats of costs, and in some case, making ad-hominem attacks against claimants and their representatives, so I prefer to take them out of the legal proceedings altogether.
When the court orders the car to be returned to the applicant, it usually leaves the original debt being enforced, a commercial write off because the hire-purchase car is now off the table, which leaves bailiffs with minimal enforcement power, and the law expressly prohibits bailiff entering dwelling houses to recover traffic debts, from entering using reasonable force.
If there is money owing on the car, then it still belongs to the lender until the final payment is made.
The law says bailiff cannot take control of goods unless they are the goods of the debtor.
If a bailiff breaches any point of enforcement law, the debtor may apply to the court for an order to remove the clamp.
First, the court expects you to exchange communication with the bailiff to settle the dispute and remove the clamp before you apply to the court.
If you apply to the court because the bailiff is refusing to remove the clamp, then you can apply to the court and order the creditor, or council the bailiff is representing, to remove the clamp, and you can apply for damages.
Its usually about £25 a day for each day the car is clamped, plus, if your car is used for work or trade, then you may recover loss of earnings as well.
There is a further list of special damages you may recover.
You get your costs paid on top of all this.
I never litigate a bailiff company. I always go after the creditor, because the bailiff company has a contractual insurance policy lodged with them, so they can just pay you, and they recover the money from the bailiffs insurance.
Bailiff companies otherwise use aggressive solicitors, who frustrate applications with threats of costs, and in some case, making ad-hominem attacks against claimants and their representatives, so I prefer to take them out of the legal proceedings altogether.
When the court orders the car to be returned to the applicant, it usually leaves the original debt being enforced, a commercial write off because the hire-purchase car is now off the table, which leaves bailiffs with minimal enforcement power, and the law expressly prohibits bailiff entering dwelling houses to recover traffic debts, from entering using reasonable force.