Can i recover money after unlawful clamping

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gdabar
Posts: 3
Joined: 05 Apr 2021 09:32

Can i recover money after unlawful clamping

Post by gdabar »

I feel like auch an idiot. I know the first rule is not to pay but wife pressure is not something i can handle right now.
The vehicle is on pcp thus owned by the finance company. I am not even the owner of the finance but am the logbook holder (still not the owner).
Marstons enforcment agent refused to take clamp off even though he knows the paragraph that states he cannot take control of goods. But he says his reasons were because it says he can take control of goods that I have an interest in. He even said that the law had changed meaning they can take financed cars (another lie)
I have had to pay £500 and there remains a balance of around £700 which a payment plan has been set up for. This case was for 4 PCN's (2 council and 2 TFL)
Is there a way to fight this? If i get the finance company to contact the bailiffs to let them know the car should not have been clamped, is there any chance i can get a refund?
Or is there any other procedure i can take to get the money back please?
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monkeynuts
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Joined: 07 Nov 2012 13:46
Location: Macclesfield

Re: Can i recover money after unlawful clamping

Post by monkeynuts »

On the path to become an 'activist lawyer'

Welfare advisor at national charity

An awake populous is a bailiffs worst nightmare
gdabar
Posts: 3
Joined: 05 Apr 2021 09:32

Re: Can i recover money after unlawful clamping

Post by gdabar »

Thanks for this info but i am asking if i have payed for the clamp to be removed already, can i reclaim that money?

Also, if the bailiff hasnt been paid and the clamp is still on, will filing a stat dec (PE2 and PE3) action the bailiff to remove the clamp until the council make a decision?
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