What If I just get a new car?

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Not_a_Criminal
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Joined: 26 Jun 2021 17:26

What If I just get a new car?

Post by Not_a_Criminal »

Hello everybody. First post, so here goes.

What if I just get another car?

I have a bailiff firm threatening to clamp me, and I have to park a mile away in a back street to avoid them. I'm planning to replace this car and the old one will probably be scrapped.

Can a bailiff identify a new car owned by me?
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monkeynuts
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Location: Macclesfield

Re: What If I just get a new car?

Post by monkeynuts »

Bailiffs attend the address on the court order to collect the fine. So theoretically getting a new car won't stop enforcement!

Rather than trying to avoid the fine run our compliance check and see if there any irregularities https://stopthebailiffs.uk/parking-and- ... check.html

Then challenge the enforcement based on that.

As for IDing a new car, the correct process would be for them to identify the registered keeper via DVLA if your names there then bingo. Although they can only clamp it if it belongs to you.
On the path to become an 'activist lawyer'

Welfare advisor at national charity

An awake populous is a bailiffs worst nightmare
Not_a_Criminal
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Joined: 26 Jun 2021 17:26

Re: What If I just get a new car?

Post by Not_a_Criminal »

There are many cars parked in adjacent streets and a communal parking area. Will they take the plates of all of them, looking for my car. The car won't be parked on a designated spot solely for me like a driveway or car port.

I am looking at irregularities, but I don't think there any. I drove in a restricted zone that had only just gone up and got spotted by the cameras.
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monkeynuts
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Location: Macclesfield

Re: What If I just get a new car?

Post by monkeynuts »

Then if there are no irregularities just pay the fine!

You can play beat the bailiff if you wish, but that's at your choice. Here's info on it

https://stopthebailiffs.uk/ignore-parki ... -next.html
On the path to become an 'activist lawyer'

Welfare advisor at national charity

An awake populous is a bailiffs worst nightmare
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: What If I just get a new car?

Post by zeke »

If the court fine is related to a traffic offence, the bailiff will know the registration of the contravention vehicle.

They will look for it.

If the debtor has a different car, then the bailiff cannot search DVLA by persons name and see what car registrations are linked to him.

If you still have the contravention vehicle, then park it on a neighhours driveway, even in full view, the bailiff cannot go near it because he does not have a power of entry to your neighbors land.
Not_a_Criminal
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Joined: 26 Jun 2021 17:26

Re: What If I just get a new car?

Post by Not_a_Criminal »

Quote: If the debtor has a different car, then the bailiff cannot search DVLA by persons name and see what car registrations are linked to him.

Zeke, that is good to know. My only concern now is if the bailiff has a contact in the LA Parking permit office and tries to ID my new vehicle. I suppose that would be a breach of DPA, GDPR etc, but we all know councils are corrupt.

Your thoughts?
zeke
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Joined: 30 Jul 2012 21:23

Re: What If I just get a new car?

Post by zeke »

I'm not aware of private companies having access to government vehicle data.

Any search of the local authority permit office would be recorded identifying the name of the person making the search. If an investigation were to follow, it might bring into question the persons authority to access the database and give the search result to a third party.

The only times I've come across it was when a constable makes a run of vehicle checks on the Police National Computer for a bailiff outside a debtors property to see if he own any of the vehicles on the street outside.

This resulted in a police investigation because a rapid succession of PNC vehicle checks did raise a red flag.

The constable was exonerated because he told the investigation he made the vehicle checks in his professional capacity. that was despite a bystander filming the whole event and providing the recordings.

I have not seen the police make PNC checks for bailiffs since.

I am aware that CIVEA, or its former self, lobbied Parliament in 2015 for access to the PNC to enable bailiffs to identify vehicles registered to a specified person or a specified address, but Parliament did not go ahead because it would endanger local authorities with claims for wrongful interference with non-debtor goods and bring into question private companies accessing government information for commercial gain.

If a local authority accessed vehicle data for a 3rd company that then took control of goods not belonging to the debtor, the 3rd party claim that followed would require the bailiff and the authority to show the evidence the bailiff relied upon that the debtor owned the goods.
Not_a_Criminal
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Joined: 26 Jun 2021 17:26

Re: What If I just get a new car?

Post by Not_a_Criminal »

Thanks Zeke, a very comprehensive answer. My LA are out of control with PCNs and cameras and there is growing public backlash. One resident picked up 79 PCNs for delivering donated food to a community foodbank during lockdown that was in a camera restricted, residents only road. He's a pensioner. The council cancelled one PCN as a 'goodwill gesture'

I would like to live under a more liberal regime, Like Iran or North Korea. I sincerely believe my LA would publicly hang people for parking offences if they were allowed to.
zeke
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Re: What If I just get a new car?

Post by zeke »

You need to take my word on this. You DONT want to live in Iran.

I can't speak for North Korea because I've never been there but from what I've heard, I'm not sure if I would want to visit let alone live there.
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