Legal Advice

[Jeff Le Taxi]

Any lawyers use this forum? Just had a bailiff come to the house and clamp the wifes car! to do with an unpaid parking fine we were contesting. to cut a long story short just had to pay him £230 to stop it being towed after threats of more charges!

Car was in my drive and we were just on our way out, paid on my debit card so dont think payment can be stopped.

[Dr Who?]

Always think it is best to pay, and then if you think you have a case take it up and challenge it, but not worth challenging a Bailiff.

[Wes Tender]

Any lawyers use this forum? Just had a bailiff come to the house and clamp the wifes car! to do with an unpaid parking fine we were contesting. to cut a long story short just had to pay him £230 to stop it being towed after threats of more charges!

Car was in my drive and we were just on our way out, paid on my debit card so dont think payment can be stopped.

 

I'm not a lawyer, but I fail to see why Bailiffs would have been appointed while the parking charge was in dispute. It is suggestive that somehow you have not followed the proper appeal procedure. I appealed a parking fine by Southampton Council and although it took months, I won the case. At no time during that procedure were bailiffs even mentioned. Read up this http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289 and the link referring to parking fines. That even says that the bailiffs might not be empowered to clamp your car, although they say to contact them for advice. Again, no legal training on my part, but I wonder what the legal implications would be of you removing the parking clamp on your vehicle as it was parked on your private property.

[richie]

If you are contesting a parking ticket the bailiff had no right to take the car from you and should have refused to pay. He would not have been able to take the car in that instance.

 

Best thing to do is to refuse to pay from day 1.

[richie]

ps it is defo worth challenging the baliff and NOT paying. This coming from someone who works in enforcement.

[thefunkygibbons]

Have a visit to the debt free board over at http://www.moneysavingexpert.com

 

They have a load of people over there with experience of this

[Jeff Le Taxi]

Apparently its already been to court according to Mrs Le Taxi, and the fella was court appointed, to say im NOT a happy bunny is the understatement of the year!

[trousers]

To be fair to Mr Cortese, he did give plenty of warning about the parking charges at St Mary's....

 

(sorry, not very helpful I know...)

[Jeff Le Taxi]

To add insult to injury the reason Mrs Le Taxi didnt pay the parking fine was because she wasnt able to!!! toddler twins in the car needing the toilet, she pulls into Itchen Valley Country Park, meter out of order and covered in tape to say so, she takes the twins to the toilet and was gone FIVE minuites, returns to car to find warden putting a ticket on the car saying she should have gone to the next working meter!!

[Tractor_Saint]

Although it's a fair cop that she parked and didn't pay, are they allowed to enter your private property to clamp your car? Trespass perhaps? If the £230 is the end of it then suggest that it's a bit of a lesson in what can happen. If you have to pay more I'd seek professional legal advice.

[aintforever]

Never heard of someone clamping your car at your own house - sounds illegal to me.

[gonzo]

To add insult to injury the reason Mrs Le Taxi didnt pay the parking fine was because she wasnt able to!!! toddler twins in the car needing the toilet, she pulls into Itchen Valley Country Park, meter out of order and covered in tape to say so, she takes the twins to the toilet and was gone FIVE minuites, returns to car to find warden putting a ticket on the car saying she should have gone to the next working meter!!

 

I'm of the belief that some places deliberately sabotage certain parking meters in order to screw parking penalty charges out of people.

[Jeff Le Taxi]

Not really what id call justice, £230 for parking where she shouldnt! and believe me i nearly gave the bloke the slap of his life and where would i have been now!

[Big John]

counter sue them for treading on your azaleas.

[BadgerBadger]

Makes my blood boil - where the common snese in all this, the cost of a warden drives the need to ticket people - put an honesty box in FFS, you'd be surprised, it'll generate a community feel.

 

On a similar note I effing despise the fact they put a singular charge on country parks of £2 all day when all you want to do is give the dog a 30 min walk.

[Jeff Le Taxi]

Thats another thing, weve got a culture all pass which enables us to park in Hampshire country parks just NOT those run by Eastleigh Borough Council grrrrrrrrrrrrrrr

[bridge too far]

I always thought P & D car parks were supposed to allow 10 minutes' grace anyway? I don't imagine it took Mrs LT that long to toilet two toddlers (on second thoughts ........)

[Jimmy Gabriel's Halo]

Too late probably to do anything. By paying the fine you have, in effect, admitted the alleged offence. Next time drive away pronto BEFORE they put the ticket on your windscreen. Legally it has to be SERVED on you and if it is not put on your windscreen or actually handed to you it is not valid. Under NO circumstances should you try and plead with the traffic warden/parking enforcement ***t - he or she is just doing his/her job - do NOT accept "it's too late I've already started writing the ticket" and do NOT stand there like a lemon waiting for them to finish as most women (no offence ladies - but you do) tend to do. DRIVE AWAY IMMEDIATELY - the ticket is not valid unless it's actually served on you. If you get one you need to appeal a ticket immediately, not wait until bailliffs have been instructed. You'd be surprised how many Councils do not contest appeals and how many are successful. So in that sense you should have acted earlier. You have my sympathy, nevertheless, as this is nothing more than legalised robbery. It might be worth taking proper legal advice re THREAT that if you did not pay the car would be towed as this might be interpreted as obtaining money by threat or similar. And if you asked the baillif to leave your property he may well have been acting illegally so it might be worth a punt with a solicitor or take a look at UK Driving Secrets ( Google it) for more info. HTH. Good luck.

[Whitey Grandad]

On a similar note I effing despise the fact they put a singular charge on country parks of £2 all day when all you want to do is give the dog a 30 min walk.

I agree completely. In the early seventies we went to Butser Hill for an afternoon. The next time we went there were double yellow lines everywhere and a pay & display car park. This countryside belongs to us, not some wonkers in the Council.