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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69177
Experience:  Over 5 years in practice.
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My car was clamped on 5th March 2013, about 8 pm. I have asked

Customer Question

My car was clamped on 5th March 2013, about 8 pm. I have asked the bailiff why he had clamped my car he said about one ticket the out of time witness statement was refused on 11 February 2013 which I didn't know anything about it. On 6th March 2013 I have applied for the review with out hearing paid fees of £45 and faxed the N244 to the Northampton Court. On 6th March 2013 the bailiff took the car to the Carpound about 1 pm, left the letter say ing for two parking tickets, second one witness statement was refused on 22/02/13, I have posted the N244 before the bailiff mentioned about the second ticket. I have posted the second one before 14 days, the charges are first one is £545.44 and second one is £565.34 p.

I have explained evrything to court, the staff said they have emailed the Newham Council and the Hackney Council to hold it up because I have applied for the review for both cases. The Council said they will not tell the bailiff to release the car, they can hold it.
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

Bailiff asked me to pay £1332,78 pence if I pick the car up tomorrow Saturday, on 06/03/13 he asked me to pay £1254-78 for two parking tickets, today it has increased. The Both Council said my case is on hold so there shouldn't be any extra charges until I get the decision from the District Judge, I wanted to know Why the bailiff is charging extra now. Also he said if I win the case The Council will refund the money back is it True?


Also the second ticket for the Hackney Brough it is not over 14 days when I have applied for the Review N244 and posted the forms before he had taken the car to the car pound on 06/03/13 and now he is charging for the both tickets. Please let me know what is my rights and what I should do I can't afford to pay full amount as above, and I need the car for my mum who is disabled.


The Court said it may take two weeks for the review to be heard by the district judge, does it mean I have to keep the car with the bailiff for two weeks.?


Please advice me what I can do to get my car back with out any charges to be paid to the bailiff.

Expert:  Jo C. replied 3 years ago.

Is there an order against you an Northampton?
Customer: replied 3 years ago.

Northampton Court said that the out of time witness statement was refused for Newham council on 11/02/13 and for the Hackney it was refused by the court on 22/02/13, I have asked for the review for the Newham on 06/03/13 and faxed it to the court, and for the hackney I have posted on 06/03/13 before the car was taken to car pound.


the Court received the N244 for Newham on 06/03/13 and for Hackney on 08/03/13.


The bailiff of Whyte and co left the Notice of Seizure of Goods and Inventory granted to the bailiff by Dartford county Court warrant of Execution ussued by the parking Enforcement centre at Northampton County court.

Expert:  Jo C. replied 3 years ago.
So there is a finding against you that has not yet been set aside?
Customer: replied 3 years ago.

I am waiting for the review of the case without hearing from the district judge, not been set aside yet. I have filed the N244 forms for the review.

Expert:  Jo C. replied 3 years ago.
The bailiffs have acted upon the warrant because it is still outstanding.

The fact that you are trying to get it set aside upon appeal does not place the warrant on hold.

The practical reality is that most bailiffs will not act in those circumstances because if the warrant is stil aside then the funds would have to be refunded but there is no reason they cannot.

There is only one way to secure return of the vehicle without charge and that is to succeed before the Court.

The only other alternative is to pay the bailiffs off and then reclaim the money if you succeed at court.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Customer: replied 3 years ago.

The bailiff is asking me to pay £1332.78, if I pick the car up today, is it reasonable to pay that much for two parking tickets ?


will I able to get all these amount from the council If I win the review of the case.


Also the bailiff said if I fail my case, then I will need to pay extra money for the storage untill the day I will pick it up. At the moment it is on the hold the bailiff can't sale my car until I get the decision of the review hearing.


Please let me know should I pick the car up now before the court decision, or wait for the decison from the court.? I was told by the court to get decision from the district judge it may take 2-4 weeks, is it correct.?


Please advice me I am confused and very distressed.


Expert:  Jo C. replied 3 years ago.
Since the car has been clamped, towed and retained those sums are probably reasonable.

Can you see my post above where I explained about paying and reclaiming?

I will be delighted to continue with this but please rate my answer.

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