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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63926
Experience:  Over 5 years in practice.
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Our church minibus was clamped on Monday morning

Customer Question

Our church minibus was clamped on Monday morning by Newlyn baliffs for a charge we had no knowledge of (from Waltham Forest Council) that had happened in January. The minibus is registered to the church at a PO box address which is checked regularly but nothing relating to this PCN has been received. This is the 2nd or 3rd time we have been in this position this year, as none have been as a result of physical tickets.


 


After investigation with the council and TEC, and despite advising that an out of time request would be filed the following day as the TEC was closed, the minibus was towed away. The out of time was submitted successfully the following morning (Tuesday), and action has now been held. We use the minibus for our Sunday school pickups and for those who have difficulty getting to and from church. How can we have it released in order to utilise it on Sunday? The council say to speak to the baliffs, and the baliffs are demanding full payment and then we can try and get a refund 'in some way' if our request is upheld. I'm not happy that this is the case.

Submitted: 11 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 11 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XX XXX I will try to help with this.

How can I help with this?
Customer: replied 11 months ago.

FOR JOMO1972


 


I would like to know if there is a way to negotiate for us to have the van released today or tomorrow without payment pending the outcome of the court decision. This is because we need it on Sunday for collecting our Sunday school children and those less able to attend independently.


 


If there is not a way to do this without payment, how can it firstly be as minimal as possible (as the baliffs fee has now risen to £873.04 as it has been impounded) or how do we ensure a simple refund process if the decision is in our favour?


 


Someone on the Newlyn office team mentioned something along the lines of us attending the impound with the completed statutory declaration in order to release the vehicle. I did not fully understand or note the process but subsequent conversations indicate they will accept nothing but full payment to release the vehicle.


 


I need your advice on how best to proceed.

Expert:  Jo C. replied 11 months ago.
Are you saying that that this is registered with the DVLA with a P.O. Box adress?
Customer: replied 11 months ago.

FOR JOMO1972


 


yes the minibus us registered at a PO Box with DVLA


 

Expert:  Jo C. replied 11 months ago.
It is quite unlikely that they would release it without payment. You could tell them that you intend to make a statutory declaration which has been known to work but its not guaranteed.

If your statutory declaration is accepted though then there would be a refund automatically.

If you are making an out of time statutory declaration then that may well be refused and you would have to appeal it. If you make an in time statutory declaration though then that would probably be accepted and then they would have to issue a refund.

Its not usually very quick though unless the bailiffs are prepared to take a pragmatic view.

Can I clarify anything for you?

Jo
Customer: replied 11 months ago.

I would rather not respond with a negative / poor service response but I don't know what other option I have.


 


I thought the initial question illustrated that the Out Of Time was submitted already, the following day, i.e. Tuesday.


 


The question relates to the fact that now that the out of time is registered with the council and baliff, what can be done to have the vehicle released or what guarantee is there of refund of baliff charges once the process is completed? What are the steps to follow to assure this?


 


Unfortunately I find currently you have provided no additional information in addition to what I am currently undergoing and pursuing. Is there any additional, positive information you can provide?

Expert:  Jo C. replied 11 months ago.
Sorry but since thats your view I won't be continuing.

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