I've removed a bailiffs clamp - what next?
Discussion
Hi, my wife had a bailiff visit yesterday and they clamped the car. To cut a long story short the recovery order is now on hold due to statutory declarations having been made.
The bailiff was being very unfriendly and has given no timescale as to when their systems will reflect the change. Police told us it's a civil matter.
I removed the clamp this morning and it's now locked in my shed. My wife is at her hospital appointments which she needed the car for.
No sign of the bailiff.
There is no new damage to the lock as I removed the wheel and driveshaft rather than cut it.
How best to avoid any litigation? Hand in at police station or wait for bailiff?
I'm not always at home and it's not always convenient to receive an angry visitor unannounced but don't want to be accused of theft.
For the avoidance of doubt this whole story is imaginary and I'm just boasting about a hypothetical scenario
The bailiff was being very unfriendly and has given no timescale as to when their systems will reflect the change. Police told us it's a civil matter.
I removed the clamp this morning and it's now locked in my shed. My wife is at her hospital appointments which she needed the car for.
No sign of the bailiff.
There is no new damage to the lock as I removed the wheel and driveshaft rather than cut it.
How best to avoid any litigation? Hand in at police station or wait for bailiff?
I'm not always at home and it's not always convenient to receive an angry visitor unannounced but don't want to be accused of theft.
For the avoidance of doubt this whole story is imaginary and I'm just boasting about a hypothetical scenario
smithyithy said:
Weigh it in. How could they prove that you removed it?
They put the clamp there, it didn't become your responsibility to look after it and make sure it's not stolen.
Their loss, they should be more careful
I've been in civil litigation and the magistrate ruled against me saying "on the balance of probabilities". This is telling me a magistrate can just rule what he believes without all the evidence. If I was not self employed I'd be up for a battle (however unlikely it is) but a day out of work costs more than it's worth.They put the clamp there, it didn't become your responsibility to look after it and make sure it's not stolen.
Their loss, they should be more careful
smithyithy said:
Weigh it in. How could they prove that you removed it?
They put the clamp there, it didn't become your responsibility to look after it and make sure it's not stolen.
Their loss, they should be more careful
I've been in civil litigation and the magistrate ruled against me saying "on the balance of probabilities". This is telling me a magistrate can just rule what he believes without all the evidence. If I was not self employed I'd be up for a battle (however unlikely it is) but a day out of work costs more than it's worth.They put the clamp there, it didn't become your responsibility to look after it and make sure it's not stolen.
Their loss, they should be more careful
Rawhide said:
Hi, my wife had a bailiff visit yesterday and they clamped the car. To cut a long story short the recovery order is now on hold due to statutory declarations having been made.
The bailiff was being very unfriendly and has given no timescale as to when their systems will reflect the change. Police told us it's a civil matter.
I removed the clamp this morning and it's now locked in my shed. My wife is at her hospital appointments which she needed the car for.
No sign of the bailiff.
There is no new damage to the lock as I removed the wheel and driveshaft rather than cut it.
How best to avoid any litigation? Hand in at police station or wait for bailiff?
I'm not always at home and it's not always convenient to receive an angry visitor unannounced but don't want to be accused of theft.
For the avoidance of doubt this whole story is imaginary and I'm just boasting about a hypothetical scenario
Can't believe nobody has quoted this yet.The bailiff was being very unfriendly and has given no timescale as to when their systems will reflect the change. Police told us it's a civil matter.
I removed the clamp this morning and it's now locked in my shed. My wife is at her hospital appointments which she needed the car for.
No sign of the bailiff.
There is no new damage to the lock as I removed the wheel and driveshaft rather than cut it.
How best to avoid any litigation? Hand in at police station or wait for bailiff?
I'm not always at home and it's not always convenient to receive an angry visitor unannounced but don't want to be accused of theft.
For the avoidance of doubt this whole story is imaginary and I'm just boasting about a hypothetical scenario
Rawhide said:
smithyithy said:
Weigh it in. How could they prove that you removed it?
They put the clamp there, it didn't become your responsibility to look after it and make sure it's not stolen.
Their loss, they should be more careful
I've been in civil litigation and the magistrate ruled against me saying "on the balance of probabilities". This is telling me a magistrate can just rule what he believes without all the evidence. If I was not self employed I'd be up for a battle (however unlikely it is) but a day out of work costs more than it's worth.They put the clamp there, it didn't become your responsibility to look after it and make sure it's not stolen.
Their loss, they should be more careful
smithyithy said:
How is it still legal to clamp somebody's car if it's a civil dispute? I can't figure out why this is still a thing..
It's legal in the same way that it's legal for bailiffs to remove the car altogether, with the right authorisation.They put the clamp on to stop a car that is now in their control 'disappearing', as it has done in this case.
Sheepshanks said:
I have no idea, but not sure what practical issue there could be if you haven't damaged it.
However, you wrote "new damage" - are you expecting "new" to be a bone of contention?
Someone has unsuccessfully either angle grinded or hacksawed at a link of the chain before. There is also what look like grind marks on the inside face of the clamp. However they are rusty and I've taken loads of photos of them. I really struggle to see how anyone could say I caused these as the lock is still closed and the chain intact.However, you wrote "new damage" - are you expecting "new" to be a bone of contention?
Rawhide said:
Sheepshanks said:
I have no idea, but not sure what practical issue there could be if you haven't damaged it.
However, you wrote "new damage" - are you expecting "new" to be a bone of contention?
Someone has unsuccessfully either angle grinded or hacksawed at a link of the chain before. There is also what look like grind marks on the inside face of the clamp. However they are rusty and I've taken loads of photos of them. I really struggle to see how anyone could say I caused these as the lock is still closed and the chain intact.However, you wrote "new damage" - are you expecting "new" to be a bone of contention?
Back in the days of wheel clamping by parking enforcement companies I think it was ok to remove the clamp and clear off so long as you didn't damage their property, but I don't think that can be conflated with the clamping of a car by bailiffs who have a control of goods order.
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