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Here Are Some Legalese Terms Which We Commonly Use And Presume The Meanings Of:

Definition of driver from Black's Online Law Dictionary, found here:

https://thelawdictionary.org/driver/:

What is DRIVER?
One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. See Davis v. Petrinovich, 112 Ala. 654, 21 South. 344, 36 L. R. A.615; Gen. St. Conn. 1902,
Law Dictionary: 

https://thelawdictionary.org/driver/#ixzz3qXBg9x2D:

What is DRIVER? definition of DRIVER (Black's Law Dictionary) 

https://thelawdictionary.org/employed/
What is EMPLOYED?

This signifies both the act of doing a thing and the being under contractor orders to do it. U. S. v. Morris, 14 Pet. 475, 10 L. Ed. 543; U. S. v. The Catharine, 2Paine, 721, Fed. Cas. No. 14.755.

https://thelawdictionary.org/travel/:

What is TRAVEL?
To go from one place to another at a distance; to journey; spoken of voluntary change of place. See White v. Beazley, 1 Barn. & Aid. 171; Hancock v. Rand, 94 N. Y. 1, 46 Am. Rep. 112; Gholson v. State. 53 Ala. 521, 25 Am. Rep. 652; Campbell v. State, 28 Tex. App. 44, 11 S. W. 832; State v. Smith, 157 Ind. 241, 61 N. E. 566, 87 Am. St. Rep. 205.
Law Dictionary: What is TRAVEL? definition of TRAVEL (Black's Law Dictionary)
https://thelawdictionary.org/vehicle/

What is VEHICLE?
The word "vehicle" includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on laud. Rev. St. U. S. 5 4 (U. S. Comp. St 1901, P. 4).
Law Dictionary: What is VEHICLE? definition of VEHICLE (Black's Law Dictionary)
https://thelawdictionary.org/transportation/

What is TRANSPORTATION?
The removal of goods or persons from one place to another, by a carrier. See Railroad Co. v. Pratt, 22 Wall. 133, 22 L. Ed. 827; Interstate Commerce Coin'n v. Brimson, 154 U. S. 4 17. 14 Sup. Ct. 1125, 38 L. Ed. .1047; Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 100, 5 Sup. Ct. S26, 29 L. Ed. 158.

In criminal law. A species of punishment consisting in removing the criminal from his own country to another, (usually a penal colony.) there to remain in exile for a prescribed period. Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 005

Law Dictionary: What is TRANSPORTATION? definition of TRANSPORTATION (Black's Law Dictionary)
https://thelawdictionary.org/traffic/

What is TRAFFIC?
Commerce; trade; dealings in merchandise, bills, money, and the like. See Iu re Insurance Co. (D. C.) 96 Fed. 757; Levine v. State, 35 Tex. Cr. R. 647. 34 S. W. 960; Feople v. Hamilton, 17 Misc. Rep. 11, 39 N. Y. Supp. 531; Merriam v. Langdon, 10 Conn. 471
Law Dictionary: What is TRAFFIC? definition of TRAFFIC (Black's Law Dictionary) 

https://thelawdictionary.org/traffic/#ixzz3qXIePX5r

Now you may understand why the words private conveyance has been used instead of vehicle, but a better word for anything you own would be property, since police and government are there to protect our property and police and judges have sworn an  oath to do so. 

Notices To Display On Your Car

Have a read of the document for a notice to display on your car, below, taken from https://GetOutOfDebtFree.org:

Alternate version (no document, just the printable image)  without the legalese word vehicle:

If Your Car Is Removed Or Clamped You Have Remedies

I have reproduced the following article from the Dealing With Bailiffs site, to show that we have legal remedies, please visit the website for the full article (including the important links to different sections, which I have omitted) 

Lawful/Common Law remedies will follow (soon) 

https://www.dealingwithbailiffs.co.uk/truck.html

Recover your vehicle from bailiffs.

1. If you are in the London area, call TRACE on 0845 206 8602 and find out which local authority has your car.

2. Report the car stolen to the police. It doesn't matter if the police say "its a civil matter". Get an Incident reference number proving you have reported it. It doesn't matter if the police don't accept it is stolen. They should tell you where you can find your car.

3. You must report to the DVLA, your car has been 'taken without permission'. Otherwise you may get an automated fine for failure to notify a change of registered keeper. Tell te DVLA there are legal proceedings in progress. That stops anyone getting a V5 and they will not be able to drive it on public roads or get keys for it. The DVLA will record your vehicle a "SORN" until you give further notice the court proceedings have been concluded.

4. If your vehicle has a logbook loan, or other secured loan, then you must tell the lender. When someone applies for a V5 with the DVLA, the lender will go round to the new keeper's address and recover the vehicle. They will leave a copy of the bill of sale, or notice of finance document. You have three options: 

1. Deploy Pay and Reclaim. (Low risk) This is the only immediate route to get your vehicle back. This is conceding to the demand and recovering the vehicle. You then make a claim in the court afterwards (or do a chargeback) against the creditor or council the bailiff company is acting for. Provided your claim amount is under £10,000, the bailiff company will have to pay the creditor's solicitors fees defending the claim regardless whether or not you win your claim.

2. Leave the vehicle with the bailiff company (Medium risk) and just make claim for the replacement cost of the vehicle along with damages in a claim brought under the Torts (Interference with Goods) Act 1977. You will need to set up a live telephone consultation to give the bailiff an opportunity in a recorded call (a copy is given to you) to return the vehicle before before starting these proceedings. This prevents the bailiff company accusing you of goods abandonment because you asked for its return, but it was refused.

3. Make an Interpleader Claim (High risk). If your vehicle has been removed in connection with a debt that is not yours, OR, the vehicle is exempt goods because its used for your work, employment or used by a disabled person, then you can make what is called an an Interpleader Claim. This is followed by a completely separate claim for damages and losses brought under the Torts (Interference with Goods) Act 1977

Bailiff companies take a very high risk when they remove a vehicle. If the removal is later found to be unlawful, the legal fees defending your claim will cost the bailiff company many times more than what they make on enforcing your debt.

In other words, your case becomes "toxic" for the bailiff company. They are stuck holding a vehicle that will probably cost them more than its material worth.Your car is taken (or clamped) illegally if any of the following is true: (This list is not exhaustive).

Conditions 1-4, the owner of the vehicle must make what is called an Interpleader claim followed by a claim in the small claims track.

Conditions 5+, the owner can make a claim against the creditor in the small claims track.

1. It is one finance and the final payment is not made. The law says "an enforcement agent may take control of goods only if they are goods of the debtor." Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. If the owner of the vehicle is making the application then it is made under the Civil Procedure Rules and must make a witness statement containing a list of facts in Part 85.7 of the Civil Procedure Rules. If the owner is a finance company, they are usually unwilling to make an interpleader claim.

2. Used in your employment, work or education, or other exemption listed in Regulation 4, of the Taking Control of Goods Regulations 2013. Regulations don't require you to have "business insurance" on your vehicle. That is a myth originating from bailiff companies. The law only requires "third party" security. Section 143 of the Road Traffic Act 1988. You need to make a Witness statement that contains a list of facts in Part 85.9 of the Civil Procedure Rules

3. Used for carrying a disabled person having a disabled badge. Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013. The disabled person does not have to be a relative. You need to make a Witness statement that contains a list of facts in Part 85.9 of the Civil Procedure Rules

4. Being used by someone, e.g. out shopping, visiting or at work etc. The law says "Circumstances in which the enforcement agent may not take control of goods" - Regulation 10(2) of the Taking Control of Goods Regulations 2013 says "Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it". You need to make a Witness statement that contains a list of facts in Part 85.9 of the Civil Procedure Rules

5. Taken before 6am or after 9pm. Regulation 13 of the Taking Control of Goods Regulations 2013

6. You did not get a statutory Notice of Enforcement, Regulations 6 & 7 of the Taking Control of Goods Regulations 2013 and Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

7. There is no principal debt, for example, the debt has been paid, or quashed, or the bailiff is using the vehicle as a collateral for obtaining a fee. The law says "where the debtor pays the amount outstanding in full" - "No further step may be taken under the enforcement power concerned" - Paragraph 58(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. and "Fees and disbursements not recoverable where enforcement process ceases" - Regulation 17.1 of the Taking Control of Goods (Fees) Regulations 2014 . "Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable" - Guideline 31 of the Taking Control of Goods: National Standards 2014.
8. You did not know about the original debt until your car was towed by bailiffs. The law is depending on the type of debt involved:
Magistrates' court fine: Section 14 of the Magistrates Courts Act 1980
Council tax: Regulation 23 or Regulation 33 of the Council Tax (Administration and Enforcement) Regulations 1992
Civil Traffic debt: Part 75.7 of the Civil Procedure Rules
High Court Enforcement Debts: Run this checklist and apply to set aside the writ.
You can protect yourself from liability of paying the bailiffs storage fees
9. The bailiff does not have a certificate. He commits an offence under Section 63(6) of the Tribunals Courts and Enforcement Act 2007. Check here to see if he has a certificate.
10. The debt is more than 12 months old, the the date on the Notice of Enforcement is most probably more than 12 months ago, then enforcement of the debt ceases to be lawfully valid. Regulation 9(1) of the Taking Control of Goods Regulations 2013. More.
11. If any of the above points 1-10 is true, then the bailiff commits an offence under Section 54 of the Protection of Freedoms Act 2012. See also Paragraph 211 of the explanatory notes, and this Parliamentary confirmation document. It can be reported in writing to the police. Private land includes private roads not adopted by the council and shopping centres.
If your grounds are not listed on this page, and you think your vehicle is taken illegally, then contact me (the owner of the Dealing With Bailiffs website that is).
If your grounds fits into any of the above, Our Mercedes 11.5t flatbed covers the Home Counties at short notice. It is also suitable for low sports cars, automatics and trade vehicles up to 3.5 tonnes. We can transport vehicles nationwide provided the journey starts or ends anywhere in the home counties. When your car is "released", you can recover the cost of collecting your car. 

Trust Protection For Your Car

For an easy and cheap way to stop getting parking tickets and the likes, send a small donation below through PayPal, to access the remedy of putting your car into trust:

https://www.paypal.com/donate/?hosted_button_id=TC5BCF8H78JCQ

PCNs, TE9 Forms and Charge Certificates

If you get a PCN (Penalty Charge Notice) from the council, they usually send you a TE9 form (eventually, if you don't pay within the time given on your PCN). Personally, i try to avoid filling in government forms, although i do have a success story where we filled in a form to notify the court that we receieved their notice of proposal for county court judgment (or something like that, see my page on CCJs if you haven't already), simply because it gave us a further 14 days in which we wrote a conditional acceptance to the solicitor who was bringing the claim forward on behalf of a company alleging a debt. 
As for the TE9 form, we have not filled this form out, we have only written on the top of it 'see attached, to which we attached a cover letter behind, stating that 'i have offered to pay this alleged debt and am just waiting for the proof that i asked for in order for me to pay any money which i may owe, see attached'. Then, underneath that, we attached photocopies of the Notice of Conditional Acceptance, Notice of Fault... and Notice of Default, that we sent in response to the PCN from the parking company who were working for the council. (If you are not familiar with this process click in the top right corner for the page index and go to the 'Conditional Acceptances' page and the 'Notice Writing (restricted)' page).
On each of these we wrote 'Certified copy only - original retained on file'.
And sent that with the TE9, although we are still waiting to see what they are going to do next. Normally people who just ignore the PCN or don't pay in time, get their car clamped, this is what the TE9 form is for, because when you fill that out and send it off, they will unclamp your car. So if you have had your car clamped, aside from reporting it to the police if the bailiff doesn't have a certificate to do so, as detailed earlier on this page, filling out a TE9 form online, or sending it to the Traffic Enforcement centre by email should have your car unclamped within an hour if you decide that route, which will mean paying the fine presumably.

Lawful Remedies For PCNs

Alternatively and preferably before your car has been clamped, so after you have received a letter in the post to inform you of a penalty charge notice and before the time they have given you to respond runs out, you can follow the method to get rid of the PCN completely, as described on the following page by clicking the button below:

Otherwise, let's continue this journey by heading over to page 19: 

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