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Legal matters

Car parked at alternative address

18 replies

Ikanon · 17/02/2018 20:37

Bailiffs are enforcing a judgement against a contractor who did a terrible job on my roof. I've been notified the case has moved to enforcement. Quite coincidentally I have spotted his car parked away from his house (it's quite a distinctive car although not his, his wife's) and believe it will be there to avoid being seized.

Can I tell the bailiffs it's parked at an alternative address? Can they enforce it at a different address? Thanks for any advice.

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funkyfunky · 17/02/2018 21:08

I believe they can if it's on a public road. Not if it's parked on someone else's drive, though.

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AlexanderHamilton · 17/02/2018 21:12

If the car belongs to his wife they cannot take it.

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Ikanon · 17/02/2018 21:46

I believe it belongs to his wife (not to be sexist but it's a coupe so it's more likely to be owned by his wife as he drives the flat bed lorry usually) and yes it is parked on a driveway.

Damn.

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worridmum · 19/02/2018 11:32

yes if the car is in his wife name they cannot take it ether as she is not the debter as much as they cannot take other flat mates stuff if they live in a shared flat.

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Redglitter · 19/02/2018 11:36

I'd tell them & let them sort it out. It might be registered in his name though she drives it. I'd definitely be passing on its where abouts

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Ikanon · 21/02/2018 17:09

I'm thinking because he's moved it he's got something to hide so will report and if they can do something great! If not then that's fine.

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Speedy85 · 22/02/2018 02:58

My understanding is that they can seize it if it’s jointly owned rather than just in the wife’s name.

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Shmithecat · 24/02/2018 17:15

If it's in someone else's land I don't believe they can seize it. But wrt pp, the name the car registered in does is not necessarily the legal owner of the car and could (if on the right property) be seized. The onus is on the debtor to prove who bought the car. It even states on the V5 form that the registered keeper is not necessarily the legal owner. I

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PositivelyPERF · 24/02/2018 17:16

I think they can take it if the home owner gives them permission to be on the property.

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Ikanon · 25/02/2018 19:49

The home owner won't give permission I would imagine as it'll be a mate doing it for a favour.

Still worth reporting then probably. I'm over that way in a week or two so if it's still there I will.

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GetOffTheTableMabel · 25/02/2018 19:51

It might registered in his name with wife insured as the main driver. In this case, it could still be seized.

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Brahumbug · 07/03/2018 07:30

Bailiffs could seize the car on some one else's drive. They can't enter a private property by force, but a drove is fair game.

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prh47bridge · 07/03/2018 08:28

No, someone else's drive is not fair game. Bailiffs can clamp or remove the car from the debtor's property or the public highway. They cannot clamp or remove a car from someone else's property unless they have a court order allowing them to do so. The fact that they don't have to use force is irrelevant.

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Brahumbug · 07/03/2018 09:21

Really? Because I have seen that very thing done, not a car,but a caravan.

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prh47bridge · 07/03/2018 11:21

Unfortunately there is often a difference between what bailiffs can do and what they actually do. Far too many of them overstep the mark.

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Backscratchesforever · 07/03/2018 14:27

They shouldn’t do it, but they do. These tv shows haven’t helped because they are scaring the public, and appearing to say say the law is different to what it is.

A lot of people don’t know their rights, and bailiffs use this to their advantage and are 9 times out of 10, bullies.

If its on someone else’s property it can’t be touched, due to trespassing and the fact it could therefore be owned by someone else.

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mojito55 · 09/03/2018 09:52

Backscratchesforever how is it any more likely to belong to someone else parked on a drive than in the road? If it's registered to the guy they're after, that doesn't change because of where it's parked.

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Ikanon · 09/03/2018 11:42

The good news is due to the delay in bailiffs attending since my first post they've obviously got hacked off at the car being elsewhere and when the bailiff went this morning it was at his house. It was clamped Grin Guy paid up a tenth of the balance and arranged a payment plan. We'll see... He also threatened to blow my head off apparently. Shock

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