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When your car gets clamped


Demitri_C

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So i wake up on a monday morning walk to my car and notice my gfs cars been clamped for no apparent reason:angry: 

It was on a main road no parking restrictions, yellow lines, resident parking. Road tax has been paid, mot and insurance. So i see no reason why she has been clamped. I havent rang them yet as i am still angry and i might say something i regret. Any ideas also know how you can appeal this as its different from when you get a ticket. Thanks peeps

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The police say this.

 

Clamping of a vehicle on a public highway can only be done by public bodies, namely; a local authority, the police or the DVLA. Normally vehicles are only clamped on a public highway if the vehicle has no excise licence, parked in no waiting or other restricted area (eg permit holders only). 

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Step 1, go and get photos of where it's parked and the immediate surrounding area to prove there were no signs or  markings to indicate she shouldn't be parked there. Then give them a call and (calmly!) ask for the reason that they've clamped it. 

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15 minutes ago, Davkaus said:

Step 1, go and get photos of where it's parked and the immediate surrounding area to prove there were no signs or  markings to indicate she shouldn't be parked there. Then give them a call and (calmly!) ask for the reason that they've clamped it. 

Thanks I have taken some photos and a video already. You can definitely park there as its next road from her house and there were numerous cars parked including my own! 

Shouldn't the company who clamped you leave you their details? All they left was a white piece of paper taped to the drivers window with a number to call and of we dont pay will go to auction. 

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Doesn't say who it's from? The DVLA will clamp and eventually go to auction to recover VED. 

Before giving them a call, google the number, see if you can find out who it is.

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6 minutes ago, Demitri_C said:

Thanks I have taken some photos and a video already. You can definitely park there as its next road from her house and there were numerous cars parked including my own! 

Shouldn't the company who clamped you leave you their details? All they left was a white piece of paper taped to the drivers window with a number to call and of we dont pay will go to auction. 

That sounds dodgy.. I'd involve the police in this, I'd ring the number and find out who the company is without giving away your identity and the fact that you're involved with a clamped car. If it's not the police, council or DVLA they are breaking the law.

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5 minutes ago, magnkarl said:

That sounds dodgy.. I'd involve the police in this, I'd ring the number and find out who the company is without giving away your identity and the fact that you're involved with a clamped car. If it's not the police, council or DVLA they are breaking the law.

Do you think so? My friend who is  apolice officer said he sees no reason why they there is a ticket and why no info on there. He recommends getting bolt cutters. I dont want her getting in trouble if i do this 

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Just now, Demitri_C said:

Do you think so? My friend who is  apolice officer said he sees no reason why they there is a ticket and why no info on there. He recommends getting bolt cutters. I dont want her getting in trouble if i do this 

Call the number and let us know who it is. We can google etc.

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15 minutes ago, magnkarl said:

Call the number and let us know who it is. We can google etc.

I spoke to him he wouldnt speak to me as I am not registered keeper but he knew it was registered to a female. He said he is calling form a company called Equita 

Edited by Demitri_C
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From a quick googling they seem embroiled in a lot of dodgy fees and harassment.  

Call the traffic enforcement centre and find out why they have clamped her vehicle. She might have an outstanding parking fee or something like that. The bailiffs will likely tell you very little so that they can charge more than what is reasonable to "visit" her house. 

0300 123 1059

01604 619 450

It's likely not related to where she is parked now but rather something that is outstanding - if it is where she is parked now they are likely fishing for her to have to pay extra fees etc. Be careful.

I know that a lot of councils use Equita for council fees. Did she follow the very probably upping of the council tax that came around this month? Mine was about £30 more than last month.

Edited by magnkarl
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Yup. And it seems they're also on the list of people allowed to clamp your car, so definitely don't try to remove it.

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/your-belongings-and-bailiffs/what-goods-can-a-bailiff-take/vehicles-and-bailiffs/

 

Can bailiffs take a vehicle?

Bailiffs are allowed to take your vehicle when collecting a debt. There are some exceptions to this, which are:

  • a vehicle which is necessary for your work, study or business, and where there is no alternative public transport you could use instead, as long as it is not worth more than £1350 - this rule does not apply if your debts are for business rates or taxes
  • a vehicle which you're paying for on a hire puchase or conditional sale agreement
  • a vehicle which is displaying a disabled blue badge and is used for transporting a disabled person
  • a vehicle that is used by the emergency services, such as a car displaying a genuine "doctor on call" badge
  • a vehicle which is also your home, such as a motorhome.
  • Bailiffs are allowed to clamp your car. If they do so, they must leave a notice, called a warning of immobilisation, in a prominent place on the car, which includes the following information:

  • that they have clamped or immobilised your car
  • the date and time the car was clamped
  • that your car has been clamped because you've failed to pay a debt you owe
  • a 24-hour telephone number you can call if you have any queries
  • the bailiff's reference number for this action.
Edited by Davkaus
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Keep in mind that they have to follow this legislation though Dem, if they didn't you likely have reason to call the police.

Bailiffs are allowed to clamp your car. If they do so, they must leave a notice, called a warning of immobilisation, in a prominent place on the car, which includes the following information:

  • that they have clamped or immobilised your car
  • the date and time the car was clamped
  • that your car has been clamped because you've failed to pay a debt you owe
  • a 24-hour telephone number you can call if you have any queries
  • the bailiff's reference number for this action.
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Strong thread start. Bit early for TOTY consideration, but there's certainly potential here.

It's like an episode of CAN'T PAY WE'LL TAKE IT AWAY

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17 minutes ago, snowychap said:

Without wishing to pry in to your gf's finances (too much),@Demitri_C, does she owe anything on a court judgement or is the car on finance?

So it turns out after calling the council she has an outstanding parking ticket. Bloody woman! She moved address about 2 years ago and she thought she changed her license address so been going to old address so haven't known about it.

How does it work with the unclamping. Will she have to pay extra for this? 

 

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