What is a Clamping Order?
If the bailiff is collecting an unpaid Magistrates Court Fine,
he will have been provided with a Clamping Order issued under
the Courts Act 2003.
This means that the bailiff must first check that the vehicle
that he is intending to clamp, is the one identified in the Clamping
Order. He cannot clamp a vehicle that is not in the name of the
defaulter
He must then clamp the vehicle identified before knocking at
the door to inform the defaulter of the action carried out and
to try to obtain payment of the outstanding amount. The Bailiff
cannot clamp or immobilise a vehicle
either displaying a valid Disabled Badge or, where there are “reasonable
grounds to believe that the vehicle is used for the carriage of
a disabled person”. See the Statutory Regulation below for
confirmation of this.
Clearly, therefore the bailiff will clamp first…ask questions
later. Their Contracts make it clear that the vehicle shall remain
“where it has been clamped” for a maximum of just
24 hours before being moved to a secure location and that the
vehicle will only be released from the clamp if payment is made,
in full, within 4 hours to the bailiff companies offices or just
2 hours if payment is made to an “authorised person”.
As the additional charges for towing and storage are very high
indeed, we believe that this time frame is very unfair indeed
and we are seeking further clarification on this.
If the bailiff has not carried out the Clamping Order, he must
return it back to the court within 60 days
of receipt. This period can be extended by a further 30
days making a maximum of 90 days but only
with the prior approval of the Court. However, this will only
be given if the bailiff can demonstrate that an extension will
enable him to trace the defaulter and either their vehicle, or
that full payment and costs can be made.
You should be aware that the cost to clamp and remove/release
the clamp should not in any event exceed £200; further details
of the agreed fees can be found in our section entitled Magistrates
Court in our Downloads area.
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