Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Flip

1 2 3 4

Original poster

Can bailiffs take things without warning?

97 replies

Robinana · 19/01/2019 12:11

I've come to visit a family member and I always keep my car at their address as I've not long moved out but can't afford to drive my car.

There's a sticker from their Housing Association threatening to take my car in a number of days. My license is addressed here, my bank and I still receive other letters.

Can they do this without even warning me first?

I'm thinking to move my car elsewhere to stop it from happening.

OP posts:

Bluntness100 · 19/01/2019 13:11

Just move your car. It doesn't matter where you registered it to, you're not a tenant so can't just leave your car there.

ChesterGreySideboard · 19/01/2019 13:11

Have you moved it yet?

Quartz2208 · 19/01/2019 13:12

because OP if you read the letter they have no idea who the owner of the car is - because it doesnt matter.

Its not a bailiff debt situation. Its a bailee/bailor one where you have left the car with them and they will seize ownership unless you move it

Interested in this thread?

Then you might like threads about this subject:

Debt

NothingOnTellyAgain · 19/01/2019 13:12

They are almost certainly not looking at who cars are registered to and then cross checking with the names of the people who live there.

They just have a list of which registrations belong to tenants as supplied by the tenants and it's not on that.

Your mum could probably have had it put on ages ago (if she doesn't have her own car).

IF she does and tenants are only allowed one car each to park at the property then you can't park it there irrespective of who it is registered to.

Do you always make this much of a meal of everythng?

DeathyMcDeathStarFace · 19/01/2019 13:25

Looks like the car is parked on Housing Association land, a resident has probably complained to them about it because they want more parking space if it hasn't moved for a long time.

Get in touch with the HA and find out if it is their land - likely - or council owned. If it is council they have no right to have your car moved.

If it is HA owned explain the car is registered to an HA house and has not been abandoned, just in your name instead of the tenants name and find out if it is ok to park it there because of this. Also explain you do sometimes stay over at your mum's while visiting and ask if the parking is for residents only or if visitors are allowed to use it.

If the parking is for visitors too they should not remove the car - make sure it is put on their system it is legally parked and should not be removed and make sure they notify any other companies (tow trucks) not to remove it. Get it in writing, e-mail or letter, you are legally parked so if it does get removed you have written evidence you are legally parked and not liable for paying for it and they need to pay to return it.

If it is tenant parking only then they are probably within their rights to move the car as long as they follow correct procedure (which it looks like they are following by putting the notice on the car).

We live in an HA house and there are a few off-road bays for parking. It looks like anyone can use these (HA tenants, private owners and private tenants), annoying when home owners and others from streets behind etc use them and we have to park on the road risking our door mirrors, but I think the council own the parking bit though, rather than it being the HA. If it was HA owned I'd be complaining to them about some residents using the parking.

If you are not a tenant you may be upsetting a lot of tenants by parking there long term and it might be a good idea to find somewhere else to park regardless of who owns the land.

Or, if you and your mum are willing, you can register your car in your mum's name, problem solved. It won't mean your mum owns the car, she will just be the registered keeper of the car, the V5 document states it is not proof of ownership, you having a receipt from buying the car proves ownership. It will mean all correspondence would go to your mum e.g. parking fines, speeding fines etc but you would still take responsibility for them. Something to consider.

Tbh using the space as long term parking is a bit cheeky and probably galling for the residents, especially if they can't find spaces for their own cars. Might be worth finding a garage to rent, especially if your car is not used very often.

Surfingtheweb · 19/01/2019 13:25

The housing association can remove an untaxed vehicle from their property, the sticker is a notice of their intention to do that.
A bailiff can take the property of a deptor when a court order gives them permission to do so. If your mum has dept & a bailiff arrives, they cannot take your car if you mum produces the log book to show it's not her property. If you have a dept & you are registered at your mums address then can take your car & her property - the only way they cannot take her property is if she has receipts to prove she brought the items.

ZogTheOrangeDragon · 19/01/2019 13:30

The housing association can remove an untaxed vehicle from their property

The HA can remove any vehicle from their property whether it belongs to a tenant and is taxed/MOT’d/insured or not. They just have to go about it the right way and it looks like they are.

Schmoobarb · 19/01/2019 13:30

But you have been given a warning :/

I’d be really pissed off if I was a resident there and there was someone’s car that looked like it was just abandoned. Move it and if you can’t afford to drive it why not sell it?

GunpowderGelatine · 19/01/2019 13:32

There's a sticker on your car because you're not moving it and you can't just leave a car sitting around on the street. Someone will have complained and yes they will take it away

almutasakieun · 19/01/2019 13:33

Just move the car or they will take it. What part of 'MOVE THE DAMNED CAR' don't you get?

Sugarhunnyicedtea · 19/01/2019 13:35

Just move the car!
If you're parked in a communal area owned by the HA then I imagine you need a permit or to at least to register your car

Surfingtheweb · 19/01/2019 13:36

Ahhh, there is no bailiff.

Read this it's in easy language to understand. Basically they know the car does not belong to a tenant & want if off their land.
Your mum could call & tell them it's her car, that you have lent it to her or car share & that would probably solve the problem. But to keep a car on their land it has to be taxed & possibly insured. You should move it before the notice expires if this isn't resolved with them though otherwise they will take it away. If it's not insured you should insure before you move it as driving without insurance will result in 6 points, a fine if caught & much worse if you have an accident.

www.shoosmiths.co.uk/client%20resources/legal%20updates/disposal%20goods%20tenancy%20terminated%20abandoned%20property%208270

SparklyMagpie · 19/01/2019 13:38

Oh my god! Just stop pissing about and move the car, it's not rocket science is it?

Why don't you just sell it if you can't afford It either an have abandoned it?

Stardustinmyeyes · 19/01/2019 13:41

Move the car
Move the car
Move the car

almutasakieun · 19/01/2019 13:44

I don't know why you're so terrified of losing your car, when you don't use it and have no use for it.
Just move it!!!!!!!!!!
Gosh, what a frustrating thread.
And you managed to get a uni degree??

BayandBlonde · 19/01/2019 13:44

I live in a privately owned block of flats and if a non resident, daughter or otherwise, had dumped their car in our private car park I would have towed the bloody thing away myself!

You don't live there, you're not on the tenancy, so move your car.

safariboot · 19/01/2019 13:56

The landowner or their agent thinks your car is abandoned. The notice is the warning that if the car's rightful owner doesn't collect it, it will be removed.

I would remove the car from their land and remove the notice from the car. These two actions will make it obvious that the car is not abandoned.

The wording on the letter is probably required by law. I agree it could confuse those unaware of the relevant laws, but remember ignorance of the law is no excuse.

You may want to contact the HA and clear up whether or not you're allowed to keep the car there. Or you might not, considering your family member may have broken their tenancy agreement by allowing a car that isn't there's to park; you'll want to check that. But in any case I would keep the car on the street or elsewhere for at least the next month to make sure there's no confusion.

PS: Do your insurers' know where you're actually keeping the car? They need to; giving a wrong address is fraud.

explodingkitten · 19/01/2019 14:06

Basically they're fed up with the car being there and want it removed. Either you do it and you get to keep the car or they'll do it and you won't see it ever again.

explodingkitten · 19/01/2019 14:07

I'm not even english and I understand the note. Surely it isn't that difficult? It says nothing about debt etc. just about the placement of the car. You're reading too much into this.

wowfudge · 19/01/2019 14:09

Cancel the cheque Just move your car OP. Best thing to do.

CuriousaboutSamphire · 19/01/2019 15:15

It's not for a debt.

It explains that the bailee is the owner of the land

The 'tort' bit explains that they consider your car to be parked undesirably.

If you move it they will cheer, they WANT YOU TO REMOVE IT!

It doesn't matter if the car park is always empty, they don't want your apparently dumped car on their land.

So either contact them and tell them you are a resident and the car is yours or move it, sell it, give it away!

Reaa · 20/01/2019 15:17

My brother has agreed to take the car from me, so hopefully I can put it in his name before they remove it

It does not matter who's name the car is in, it's where it is parked that's the problem.

It's probably been reported as a dumped vehicle hence the warning.

Flip

1 2 3 4