Speak to a BAILIFF Expert - £35

You have been clamped and you need a trump card.

 

It is the practice of many councils and bailiff companies to indiscriminately clamp vehicles, but in many cases, it is actually illegal.

See this article for the legal explanation.

If it applies to you then you can also anonymously report the fraud to Action Fraud online. These are investigated by the Serious Fraud Office who can investigate organised complex frauds but results are not instant. Police follow a list of criteria for deciding whether to investigate a fraud. You must learn the criteria and set out your complaint so it fits neatly into it. Otherwise police will summarily fob your complaint with an artifice.

If this has happened to you then fit a stoplock to the steering wheel and lock the vehicle up. If it is on private land remove the number plates, tax disc. If you can remove the wheels and fix locking wheel nuts to the vacant axle stubs. This stops temporary wheels being fixed to the vehicle for lifting or towing. Report it to police and get a CAD reference number- even if the police tell you the vehicle is not stolen.

You now have several routes to remedy the problem.

 

If this is an unpaid court fine and the Magistrate's court has not made a Clamping Order made under Section 38 of Schedule 5 of the Courts Act 2003 then you can legally remove the wheel clamp and there is no fee to pay.

All debts except Magistrates' Court fines having a Clamping Order:- If the bailiff clamped the vehicle and left the scene you can legally remove the wheel clamp.

It is the practice of several bailiff companies to use wheel clamps on vehicles, but it is usually illegal for anyone to clamp a vehicle in this way. This policy is a play on debtors being less informed of the legal position on the use of wheel clamps and mislead debtors into believing they are liable to pay a fee for the use of a wheel clamp.

If you are the registered keeper named on the V5 but you are NOT the owner then the clamping is unlawful.

A V5 clearly says "this document is not proof of ownership". A bailiff only needs to be satisfied at first sight, or prima facie a vehicle is the property of the debtor, and a V5 that says the keeper is the debtor then it can be assumed he also owns it UNLESS evidence to the contrary is proved. To make that proof, the owner makes a sworn statement proving ownership.

Use the law to make a sworn statement proving you own the vehicle.

 

 

If you still cannot borrow the money then you may still have some more trump cards. Did the bailiff allow you a reasonable opportunity to pay before he clamped your vehicle? If he didn't then use the following checklist:

If the bailiff has breached any of these regulations then you ask the bailiff to remove the wheel clamp.