Disabled Vehicle Clamped - HELP!

[marnijasmine]

Thank you for taking the time to read & any advice you give.

My car was clamped last year due to an unpaid parking fine. I had previously informed the agency I had a physical disability (was not asked to provide proof but would have been happy to), and I was informed this was noted on my case. A month or two later, my car was clamped on my driveway, I approached the EA and took out the badge from my car door (I did NOT have it on display due to being parked on the driveway) and explained I was disabled therefore he could not clamp the car.

He insisted it needed to be displayed to be valid as the car wasn’t registered as a mobility vehicle (my parents bought it from the dealership). I have been complaining for months through multiple stages and keep hearing the same story about it not being on display!

I have seen the bodycam footage where you literally see me show him the badge (issued to myself with my name and face on it).

Can someone advise me on if this is correct or not?!!! If not, where can I find legal legislation to back me up?!!!

Thank you

[Syd Snitkin]

Taking control of goods regulations 2013, s4 (1)(d): https://www.legislation.gov.uk/uksi/201 ... ion/4/made

Exempt goods:

a vehicle on which a valid disabled person’s badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;

It doesn't matter whether it was displayed at the time, there is now reasonable grounds to believe it's used by a disabled person. In fact, blue badge holders are encouraged to NOT display them when not needed to help prevent theft.

Stop dealing with the bailiff and go to the creditor (the authority or company that issued the fine) and explain they are responsible for everything the bailiff does.

[marnijasmine]

Hi Syd, thanks for the reply. I have escalated this to the creditor and been through stage 1&2 complaint process with them but still no luck, I paid £514 to get the clamp removed.

Do you know if I need to escalate this to the ombudsman before persuing a civil case? I’ve repeatedly stressed the unlawful discrimination but they are refusing to take any accountability.

[Syd Snitkin]

What did the £514 consist of? If it's the fine and bailiff fee then they're likely to be owed.

How long was it clamped for? That's where any complaint would lie, especially if it was for a length of time that caused inconvenience to you.

[marnijasmine]

The car was clamped for just over 24 hours, I was unable to attend a doctors appointment due to having no one to take me via car, I was late to work on the day the car was clamped due to having to arrange a taxi, I paid 3 taxi fairs for transport to and from work.

It was for enforcement fees and original debt owed but my argument is that they should have referred me to the welfare team when I first highlighted the vulnerability (months prior) which would have prevented any enforcement and allowed me to arrange a payment plan.

EA refused to arrange a payment plan with me even after explaining my vulnerability and circumstances, said it must be paid in full or fees would be added.

[zeke]

You can apply for a detailed assessment CPR 84.16. That gets back £235 enforcement stage fees.

You can recover 24 hours of loss of use of the car together with your disbursements. CPR 84.13.

The creditor pays your costs and court fees.

Here is more: https://stopthebailiffs.uk/reclaim-bail ... sment.html

Make a letter of claim and see if that draws out their defence.

[marnijasmine]

Thank you. This has been ongoing for 8 months now where I have sufficient evidence to prove I was unlawfully discriminated against on multiple occasions.

I feel so drained after dealing with all of this but I know how I was treated, was completely wrong and I do not want anyone else to go through this so I want to do something about it.

I am unsure the route to take though.

[zeke]

Apply for a detailed assessment