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Bailiffs CANNOT charge a fee to
clamp your vehicle.
The law does not provide for bailiffs to charge a fee for using a wheel clamp.
Case No 8CL51015 - Anthony Culligan (Claimant)
v 1. Jason Simkin &
2. Marston
Group (Defendants). Before District Judge
Avent 9th & 24th September 2008.
Judge Avent said:
That because the bailiff produces no evidence
as to how the charge had been arrived then he
unable to show that it is reasonable.
That means if the bailiffs fail to explain the
ACTUAL COST of fixing a wheel clamp then the fee is
£0.00. Anything higher, then it could amount to
unjust enrichment.
This is an example of lots more
case law governing bailiffs fees which can be
used in reclaiming unlawful fees in the courts
From May 1, 2012, clamping of motor vehicles on PRIVATE LAND that is not the debtors is a criminal offence Section 54 of Chapter 2 of the Protection of Freedoms Act 2012 and from April 06, 2014 clamping vehicles on PUBLIC ROADS is illegal under Regulation 17(3) of the Taking Control of Goods Regulations 2013 when the driver (not necessarily the owner) has not received a statutory Notice of Enforcement, or the vehicle does not belong to the liable person.
It is also illegal for bailiffs to clamp or seize goods not wholly belonging to the debtor, Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
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