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AIBU?

Bailiffs took my car I use for work

93 replies

lexus8mmb · 29/10/2018 12:56

I am have a single parent and I work for uber part-time but bailiffs have come and taken my car for an unpayed parking fine . I have been looking on websites and found out that if u have a taxi or u are a taxi driver they can't take ur car because its ur only means and way on of earning any money. And that they are meant to set up some sort of arrangement plan up where u can pay back any money owed on a weekly or monthly plan.

OP posts:
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jimmyhill · 29/10/2018 13:02

You aren't a taxi driver. Ubers aren't taxis. They have fought long and hard not to be recognised as such.

Why didn't you pay your parking fine? If it got to bailiffs you must have ignored TONS of opportunities to pay up.

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Birdsgottafly · 29/10/2018 13:07

Yes, you are right. They are supposed to leave you with a way of making money.

There aim is to recover mo ey owed, not goods.

This was put into legleslation after a delivery driver killed themselves, but it was always a policy.

If you have ignored a lot of letters and broken payment aregreenwnts, then they are able to take anything to recover the debt.

Can you come up with any amount of money and an agreement that you will stick to, to get your car back?

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Birdsgottafly · 29/10/2018 13:09

Speak to the 'Office', of the Bayliffs, first and see what they say.

They take the car, but it's held for so long.

Did you try to make an agreement when they turned up?

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LIZS · 29/10/2018 13:11

It seems excessive to take the car to pay off a fine, just how large is it? Presumably it is not on finance.

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Magair · 29/10/2018 13:14

They always try and arrange a payment plan first, even up to the minute they start seizing goods.... did you not try to make arrangements then?

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Blanchedupetitpois · 29/10/2018 13:17

What is the value of your car?

The regulations state that the followings items are exempt:

Items of equipment (for example tools, books, vehicles, telephones, computer equipment that are necessary for use personally by the debtor in the debtor’s employment, business, trade, vocation, study or education, except that in any case the aggregate value of the items or equipment to which this exemption applies shall not exceed £1,350.

So if the auction value of your car exceeds £1,350 it isn’t exempt and it can be taken by bailiffs.

If you think your car should be exempt, you can appeal to the creditor (probably your local authority for a parking fine).

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SassitudeandSparkle · 29/10/2018 13:25

This must have gone on for a very long time to get to a court judgement and bailiffs. Did you refuse to pay when they turned up?

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tessieandoz · 29/10/2018 13:27

Definitely cannot take the " tools of your trade ". Call the bailiffs head office and your creditor. Your creditor is the only one who can call them off. The bailiffs should accept a payment plan.

I had a recent run in , over a debt that was subsequently unproven, however the bailiffs that turned up to my door told me all sorts of lies about their powers.

Phone the Head Office where the phone calls are recorded.

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Caprisunorange · 29/10/2018 13:29

You’re going to massively struggle to get it back, how did they get it in the first place?

Call them and tell them all this, but they’re not going to be helpful. Maybe make an appointment with CAB to get some clout behind you?

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DGRossetti · 29/10/2018 13:33

People who "drive for a living" should be even more respectful of motoring law (speeding and parking in particular) than more run of the mill drivers.

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TheWifeofRequirement · 29/10/2018 13:33

Uber isn’t a taxi but they are supposed to leave you with a way to make money. Do you have a second job?

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NotSuchASmugMarriedNow1 · 29/10/2018 13:36

How much was the fine originally?

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SoxonFeet · 29/10/2018 13:38

Do you have a taxi licence from your local council OP? if so, then you are a taxi driver despite working for uber, and yes, they should return your vehicle and set up a credit arrangement.

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wineandcheeseplease · 29/10/2018 13:39

Uber isnt a taxi service but im sure they shouldn't remove your sole income.

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KitKat1985 · 29/10/2018 13:39

Honestly, you must have ignored a lot of reminders and late payment fines etc to get to the point that your car has been repossessed. Why on earth didn't you just pay the fine ages ago before it got this serious? I'm sorry to sound harsh but the situation is rather of your own making.

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gallicghoul · 29/10/2018 13:41

If the Enforcement Agent has ceased goods in payment of a debt they are very unlikely to accept a payment arrangement at this point. It will be payment in full plus fees. The longer you leave it, the more fees there will be to pay.

You need to look at The Control of Goods Act to determine whether the car has been taken illegally or not. Speak to the Local Authority who issued the parking charge notice to see if they class the car as tools of the trade for an Uber driver.
If you are unable to pay in full and need a payment arrangement, it might help you to get a detailed income and expenditure sheet done so you know exactly what is available to pay the debt.

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gallicghoul · 29/10/2018 13:42

Seized goods....damn homophones!

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TantrumsAndBalloons · 29/10/2018 13:43

The rules have changed so please read the part about the value of the car and disregard the advice telling you they cannot take tools of the trade as this is no longer the case
The only way your car is exempt, whether you have a taxi licence or work for Uber or whatever else, depends on the value of the car not what you use it for

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CuriousaboutSamphire · 29/10/2018 13:45

If you had paperwork to prove the car was your only way of earning money they would probably have left you the vehicle.

If you had spoken to them and tried to make arrangements they would have forwarded your offer to the client, who would have made the decision, not the agents.

They hold the car for 14 days before putting it into auction. They will have told you that, but, from your post, I am assuming you either weren't listening or did not understand that. So ring them and start a dialogue, now!

Tessie that is not true, they can, the explanation is in a post above yours

www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/what-bailiffs-can-take/check-what-bailiffs-can-take/

As others have said, you have to ignore a lot of letters to get the bailiffs at your door, you have to ignore a lot of attempts at communication to get to this stage. Whatever your reason for this, the worst has now happened. So, head out of the sand, start putting it right, as much as is possible.

CAB, StepChange and others can help.

Good luck

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Caprisunorange · 29/10/2018 13:46

DGRossetti it’s not motoring law, it’s a parking fine. And believe it or not, some people can’t pay them because they don’t have the money. Ok miss perfect?

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JeanPagett · 29/10/2018 13:49

Seconding the advice that bailiffs cannot take your car if it is necessary for your job, but only if it is worth less than £1,350. The relevant legislation is the Taking Control of Goods Regulations 2013. The fact that you are an uber driver and not a taxi driver is irrelevant. The £1350 figure is the "auction" price, NOT the "second hand" value of the car.

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00100001 · 29/10/2018 14:29

caprisun "it’s not motoring law, it’s a parking fine. And believe it or not, some people can’t pay them because they don’t have the money. Ok miss perfect?"

Yes, but we don't know what the OP did to try and pay this fine... She may not have enough money, but did she ring up the company and ask for a payment plan...? try to get it waived...? To try and sort this out?

To get to bailiff stage takes a lot of ignoring of letters/not paying/not sorting things out before hand. And for the bailiff to actually take possession of goods to the value of the outstanding payment, means that if the car was the only option, that was a HUGE fine (or a low value var) and its not like thy can just storm into the house, grab the keys and drive off. The OP would have had to show it was her car they were taking, surely?

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Poloshot · 29/10/2018 14:37

Happy to try and do some leg work not but couldn't be bothered when your parking fine came through.

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sashh · 29/10/2018 14:38

Just to add to the other advice, as a single parent you are classed as 'vulnerable' and they should treat you differently.

www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/how-bailiffs-should-treat-you-if-youre-vulnerable/

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TheQueef · 29/10/2018 14:40

This sort of fine is pernicious, especially for gig drivers.

Get CAB advice, good luck.

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