My car was clamped and taken away on residential parking by Newlyn bailiff. I saw him driving round the parking but didn't realised he clamped my car. Came to terms what's happening when saw the recovery track lifting my car. Got the key and rushed outside asking what's happening and the bailiff asked if I'm mister X which I'm not, then he told me that there are 4 court orders for parking tickets against my car and took it away. I believe mr. X is the previous owner.
He refused to give me any information nor documents as I'm not Mr. X
Now, I bought the car on auction about 3 weeks ago without documents. Still waiting the V5 to come on my name as it takes up to 6 weeks. Also, I submitted sorn application to DVLA because can't tax the car. However everything is pending as they have to run their checks for new V5.
I contacted the auction house and was informed that this car has been already seized because of the debs of the previous owner, sold on auction to me and therefore the creditors must be satisfied.

It appears that the car has been seized twice now for the same debt which belongs to the previous owner but paid already by myself as unknowingly bought the vehicle sold in behalf of the previous bailiffs.

What shall I do?

Have very limited time to act as the car was seized 2 days ago and have 7 days in total to claim.


Any advice much appreciated.

This post has been edited by Dandd: Sat, 29 Sep 2018 - 17:13

This isn't America, while trespass can be an offence here in very specific circumstances (designated government sites, trespass on the railway, trespass with intent to steal / with intent to commit certain offences etc....), there is no general offence of "criminal trespass" in England and Wales. What you say is completely inaccurate. In the circumstances you describe the police would not get involved, but the council might tow the car away.

Enceladus,

Thank you for following up my case.
The company which delivered and damaged my car is the same which is employed by Newlyn and took the car away in first place. They (the pound) demanded £120 for the delivery.

How do I know when the plastic underneath try was ripped off and who did it? - I was there, standing 2 feet away and had to shout to the delivery guy to stop unloading the car otherwise the damage would be much more substantial. There was a large metal hook underneath the car, which the driver didn't remove and therefore ripped off the plastic try. Just to clarify - for delivering back the car they used a different recovery vehicle. The car had to be driven on and off it.
I'm not a mechanic and can't asses the damage. Also, I still can't tax the car and therefore can't take it for a professional assessment. I truly hope that the damage is only to the plastic try and the engine oil pan is fine. As a matter of fact there is some oil in the area but this can be only established when the car is lifted and he broken try removed.

Only some parts of The Road Traffic Act apply if it is a 'Public Place' - the public have the authority to access, not necessarily just the ability to access. Public or private, either may, or may not, have a gate or barrier.

This post has been edited by localdriver: Sun, 7 Oct 2018 - 13:39

Why were you paying to get a wrongfully seized vehicle returned ????

Because I still don't have the V5 from DVLA, can't tax the car and therefore can't take it on the road.
It's a bit of a vicious circle.

My point was that bailiffs should have returned it FOC.

Assuming you had shown it was unlawfully seized ?

OP, we're only trying to help.

The issue is not why you couldn't drive the car from the pound, it's why you paid.

Options were: trade plates and they drive to you; they deliver free; you pay them to deliver.

We're interested in why you chose the latter! how this arose and how the charge was agreed and with whom.

This has already been covered in post #27 above.
Newlyn don't accept that they are under any duty to return the car to where it was seized from. Merely to release it back to the OP, with a threat of £40 per day storage charges if it was not collected.