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Answered in 27 minutes by:
2/9/2011
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2,915
Experience: Solicitor of England and Wales
VerifiedThank you for your question. I will try and help you with this.
Does the unpaid penalty relate to you?
OK thanks for the additional information and your patience.
You choices are very limited at this stage:
- Refuse to pay the bailiff. But the clamp may not be removed. Your only option then is to complain about the bailiff using Form 4. To do this you will need to find out from the bailiff which Court he is registered with and send the form to that Court stating your complaint i.e. that he has clamped a car on finance. The Judge will then ask the bailiff to explain his actions and if the case is found in your favour you could be paid compensation. The downside to this is that the process takes time and the car might remain clamped.
- Pay the bailiff. Then use the Form 4 complaint procedure. If the Court finds in your favour the bailiff will have to refund the fees plus you may be entitled to some compensation.
Make sure you ask to see a copy of the warrant. Get the bailiffs details and where he is registered. If you are being threatened or placed under pressure call the police to come and assist you. Also remember that simply because a car is under finance does not stop enforcement action.
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2,915
Experience: Solicitor of England and Wales
VerifiedAlice H and 87 other UK Law Specialists are ready to help you
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