Newlyn impersonating a bailiff, supported by Ealing Police, forced to pay

[hazza]

Hi,
My car was clamped while on my property (rear driveway) - private property.
The clamper knocked on my door and demanded payment.
I jumped into another family member's car and blocked the driveway so he could not remove my *company* car - which was owned by a company but registered in my name.
He then jumped in his truck and reversed onto my drive, blocking the entire pavement, forcing pedistrians to walk on on the road. I have pictures.
In doing so, he damaged my neighbours wall.
I then brought my dog out to say hello - he said while holding his ground on my land, that he was calling the police and would have them kill my dog.
I then called the police myself who arrived about 30mins later. I said that the driver had trespassed on my land and had clamped my car.
I asked them to tell him to move off my property and stop blocking the road/pavement/driveway.
My neighbour also came out and demanded he move his truck.
The officers that had arrived clearly did not know the law. They asked the truck driver to clarify the law for them.
They checked his ID and his paperwork and said he was within the law to carry out removal of my vehicle on my land (due to a parking ticket from god knows when).
I said he could not take my car as it was a company car, that i needed it to earn money, and that I had read on the Citizens Advice Bureau website that they cannot take anything that would prevent you from earning.
I was told that the CAB site was rubbish and that they would take my car regardless.
I checked his ID and it was only a work ID card for Newlyn plc. This did not have an expiry date, nor did it have a court stamp. He was a mere driver but was acting as if he was a certificated bailiff. The police upheld his rights and rubbished mine. That is illegal and I am making a complaint to the IPCC (I spoke to an Inspector who tried to say that the police were powerless in these situation). The fact that they had let a clamper act like a bailiff on my property is of huge concern.
About an hour and a half later a certificated bailiff had arrived and started shouting like he was the law, that he was going to climb through my windows, that he was going to remove the other car at my cost, that my car was only worth £900 (it's actually quite rare and worth over £10,000).
I asked the police what to do - they said I must pay or I may have both cars removed.
I was then forced to pay £1008 for a £50 parking ticket issued by Harrow Council.
He then ran off with my credit card to his van - illegal too.
He then gave me a piece of paper with his company and details of the charges - £155 + expenses + 34 credit card charge.
He was about to drive off when I demanded a receipt, he then went to his van and wrote one out.
Now:
I'd like my £1008 back
I'd like my neighbours wall repaired
I'd like the police officers that arrived disciplined for not knowing the law and not knowing what a bailiff's ID card should look like. IPCC.
I'd like Harrow Council to apologise - they hired cowboys.
I'd like to the Bailiff's certification revoked as he did not follow procedure - and acted like a complete amateur, above the law in front of the police
I'd like Newlyn plc's contracts reviewed / cancelled.
Can anyone help advise on the best way forward?
I am thinking about making a complaint about impersonating a bailiff - today.
Regards
Hazz

[IIIUMINATI]

Google ( Police complaints )
could be a start
looks like lots of advice and reading

[Screw The Bailiff]

Originally Posted by hazza

Hi,
My car was clamped while on my property (rear driveway) - private property.
The clamper knocked on my doore and demanded payment.
I jumped into another family member's car and blocked the driveway so he could not remove my *company* car - which was owned by a company but registered in my name.

Then its not a company car, the RK needs to be in the name of the Ltd company.

Originally Posted by hazza

He then jumped in his truck and reversed onto my drive, blocking the entire pavement, forcing pedistrians to walk on on the road. I have pictures.
In doing so, he damaged my neighbours wall.

Your neighbour must ask the bailiff in writing to pay for repairs within seven days, then file a claim in the small claims track against the council because they are liable or its bailiffs. DO NOT tell the bailiff you will claim against the council - thats up to the council and its bailiffs to settle their differences later.

Originally Posted by hazza

I then brought my dog out to say hello - he said while holding his ground on my land, that he was calling the police and would have them kill my dog.
I then called the police myself who arrived about 30mins later. I said that the driver had trespassed on my land and had clamped my car.
I asked them to tell him to move off my property and stop blocking the road/pavement/driveway.
My neighbour also came out and demanded he move his truck.
The officers that had arrived clearly did not know the law. They asked the truck driver to clarify the law for them.

Get the names of the Officers who attended and file a comlaint of professional incompetence with the IPCC

Originally Posted by hazza

They checked his ID and his paperwork and said he was within the law to carry out removal of my vehicle on my land (due to a parking ticket from god knows when).

Identity what authority issued the parking ticket and ask them to send you an Out of Time Stat Dec form and appeal the ticket because there
is no ticket fixed to the vehicle or handed to the driver. If the council is uncooperative then contact the LGO.

Originally Posted by hazza

I said he could not take my car as it was a company car, that i needed it to earn money, and that I had read on the Citizens Advice Bureau website that they cannot take anything that would prevent you from earning.

That doesn't exend to using the car for commuting to and from a regular place of work. OK if its a minicab or a taxi etc.

Originally Posted by hazza

I was told that the CAB site was rubbish and that they would take my car regardless.
I checked his ID and it was only a work ID card for a Mr Dutson / Newlyn plc. This did not have an expiry date, nor did it have a court stamp. He was a mere driver but was acting as if he was a certificated bailiff.

You can check the bailiffs credentials, let me know if you find an irregularity.

Originally Posted by hazza

The police upheld his rights and rubbished mine. That is illegal and I am making a complaint to the IPCC (I spoke to an Inspector who tried to say that the police were powerless in these situation). The fact that they had let a clamper act like a bailiff on my property is of huge concern.
About an hour and a half later a certificated bailiff Keith McCarty had arrived and started shouting like he was the law, that he was going to climb through my windows, that he was going to remove the other car at my cost, that my car was only worth £900 (it's actually quite rare and worth over £10,000).
I asked the police what to do - they said I must pay or I may have both cars removed.
I was then forced to pay £1008 for a £50 parking ticket issued by Harrow Council.

The fees are too high, the prescribed fee for a 1st visit to collect a parking ticket is £28+VAT. the law that sets bailiffs fees is Schedule 1 of Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 and amended in 2003. You can add 'Assisting an Offender' to your IPCC complaint because its a criminal offence to defraud a debtor by overcharging them with bailiffs fees. Its Section 2 of the Fraud Act 2006.

Originally Posted by hazza

He then ran off with my credit card to his van - illegal too.
He then gave me a piece of paper with his company and details of the charges - £155 + expenses + 34 credit card charge.

You can revoke a fraudulent credit card transaction by executing chargeback. You can also consider having the debt paid off at the bailiffs expense.

Originally Posted by hazza

He was about to drive off when I demanded a receipt, he then went to his van and wrote one out.

Keep it, if the police consider a criminal prosecution under the Fraud Act 2006 then its central to the case.

Originally Posted by hazza

Now:
I'd like my £1008 back
I'd like my neighbours wall repaired
I'd like the police officers that arrived disciplined for not knowing the law and not knowing what a bailiff's ID card should look like. IPCC.
I'd like Harrow Council to apologise - they hired cowboys.

You probably wont get one, but you can ask the LGO to have the council make an apology, I'd ask for compensation -' its within the LGO's remit.

Originally Posted by hazza

I'd like to the Bailiff's certification revoked as he did not follow procedure - and acted like a complete amateur, above the law in front of the police

You can file a Form 4 complaint.

Originally Posted by hazza

I'd like Newlyn plc's contracts reviewed / cancelled.

If your neighbour claims for damages from the council caused by their bailiff theres a good change the contract will change hands when the council asks its bailiff to reimburse its losses.

Originally Posted by hazza

Can anyone help advise on the best way forward?
I am thinking about making a complaint about Mr Dutson impersonating a bailiff - today.
Regards
Hazz

[hazza]

thanks STB - i have called the police 4 times but they are not returning calls, made another complainty and was told I will be called back soon
I will work thru the items today and update
I have checked the credit register they are registered
hazza

[hazza]

Posted on Harrow's compliant website:

Dear Harrow
A Newlyn plc employee lied to me and the police in stating he was a
certificated bailiff and he had a warrant against an outstanding parking
ticket.
I called the police as he was trespassing, but, the police supported him as
if he was a bailiff.
He had clamped my car whilst on private property, damaged my
neighbours wall with his truck and threatened to have my dog killed.
I was then forced to pay £1008 which I will reclaim against yourselves for
a mere £50 parking ticket apparantly issued by Harrow Council. This is
absurd and a clear abuse of power by both yourselves and Newlyn.
Can you please investigate this matter as Newlyn plc states it was acting
on behalf of Harrow Council.
(Newlyn plc employee name : Mr Dutson).
Can you please send to me details of the parking ticket you claim to be
outstanding.
I reserve my right to take legal action against yourselves and Newlyn for

this matter.

[JonCris]

This should be standard practice & remember this assumes the collector is a bailiff so if they ain't they are acting illegaly

DEVON & CORNWALL

C O N S T A B U L A R Y

Force Policy & Procedure Guideline Attending Premises with Bailiffs
Reference Number D222
Policy Version Date 15 January 2007
Review Date 01 January 2008
Policy Ownership: Criminal Justice Department
Portfolio Holder: Assistant Chief Constable (OS)
Links or overlaps with other policies:
DEVON AND CORNWALL POLICE AND PROCEDURE GUIDELINE D222
ATTENDING PREMISES WITH BAILIFFS

Version dated: 15/01/07

POLICY AND AUDIT IDENTIFICATION

1.1 This policy has been drafted and audited in accordance with the principles of
Human Rights legislation and the Race Relations (Amendment) Act 2000. Under
the Freedom of Information Act 2000, the document is classified as OPEN.

POLICY STATEMENTS/INTENTIONS

2.1 The HM Courts Service (HMCS), Devon & Cornwall (former D&C Magistrates
Courts Committee) contracts a civil enforcement agency, 'Drakes' (certified bailiffs)
that works on its behalf with regard to executing warrants of distress or warrants of
arrest with regard to non-payment of distress. The enforcement officer (a bailiff)
will hand in a 'Notice to Defaulter', which explains the procedures concerned, to a
debtor.
2.2 This document is designed as a reference point for officers who deal with bailiffs or
other officers of the court.

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2.3 The Constabulary's involvement with regard to the policing of bailiffs is largely
confined to a bailiff's entry of premises and any subsequent breaches of the peace.
Police officers must ensure the legality of bailiffs' conduct to avoid breaches of the
peace situations and to combat any offence, which may be committed by either the
bailiff or the debtor in these situations, this policy is pre-emptive in its nature. It is
developed in order to minimise the possibility of offences being committed and to
ensure that the distress and levying of goods takes place with a little inconvenience
as possible to the debtor and the debtor's immediate community and surroundings.

3. INTRODUCTION

3.1 The range of different forms of distress and levy:

Creditor/Court Debt Collector

County Court Judgement debt Court bailiff
High Court Judgement debt Sheriff's officer
Landlord Rent Landlord/certified bailiff
Magistrates' Court Fines and orders Private bailiff/ police
Local Authority Council Tax/Uniform
Business Rate
Local Authority officer
Customs & Excise VAT Collector
Inland Revenue Income Tax Collector
CSA Child Support Maintenance Private bailiff
Local Authority Road traffic penalties Certified bailiff
3.2 The above summary reflects the various areas of debt recovery in which bailiffs
operate and identifies the distinction between a distress and a levy:
a. Distress-generally applies to the process of entry, seizure and impounding
but not to any subsequent sale of goods.
b. Levy-the term is largely interchangeable with the word 'distress' although
strictly the word includes the sale of goods as well as the other stages.
3.3 The law relating to bailiffs is extremely wide and is taken from a number of
common law and statutory origins. However, the most important implications of
the law for the Constabulary are in the main limited to criminal/illegal activity
resulting from a bailiff's entry of premises and breach of the peace situations.

4. PROCEDURES

4.1 When being called to assist a bailiff or other officers of the court, a constable must
be satisfied of:
a. The bailiff's identity and status

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b. The authority on which the bailiff has or seeks to enter the premises
c. The documentation which gives the bailiff the power to enter the premises;
this may be the original court order or a photocopy
d. The fact that the bailiff has located the correct premises or correct debtor. If
visiting the property for the first time, the address and name of the defaulter
should be confirmed by another source. (e.g. by a neighbour)
4.2 The above confirmation should also be produced to the debtor or the person
requested to allow access to the premises.
4.3 If a bailiff or court officer is unable to provide evidence of identity, status, authority
or power the police constable must prevent the bailiff from entering the premises,
or if already on the premises, must remove the bailiff/court officer at once.
4.4 The bailiff/court officer should be required to gain the necessary documentation and
to contact the constable before he returns to the property.
4.5 If the documentation is in order, the constable should remind the bailiff that entry
must be obtained without force.
4.6 Force can only be used if:
a. It is an Inland Revenue bailiff or
b. The bailiff has already conducted a valid seizure and is returning to the
property to levy goods or has already been forcibly expelled from the
property, having previously gained entry lawfully, or
c. The officer is a Sheriff of the Court and the premises entered with force are a
separate non-domestic premises, e.g. workshop or barn, and enquiries have
been made as to the presence of the goods in those premises, or
d. The officer is a County Court bailiff and has an order of a District Judge
authorising a forcible entry, or
e. More rarely, a Landlord is seeking to enter a stranger's premises and has an
oath sworn by the Magistrates to the effect that there are grounds for
believing goods have been fraudulently removed to those premises. Or the
officer is a Sheriff and enters a third party's house in the belief that goods
have been taken there to avoid execution.
4.7 Constables should be aware of their duty to keep the peace and if a breach of the
peace seems likely, the constable should ascertain whether it is the bailiff or the
debtor who is acting unreasonably, then act accordingly.
4.8 Entry

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4.8.1 The basic rule is that entry should be without force. Thus, the bailiff may
enter an open door, open an unlocked door, climb through an open window
and open it more if necessary, and even climb over a wall or fence, provided
no damage is caused in so doing. The bailiff cannot, however, open a closed
but unfastened window or a closed, latched window or use a locksmith to
open a door. Use of a landlord's key is also illegal. The protection against
forced entry extends to all buildings within the boundary of the premises.
4.8.2 Once inside, the bailiff may break any door or cupboard open to find goods
or to escape. No demand need be made before breaking a door open, but
this precludes unnecessary use of force. For example, if a door is broken
despite the debtor's offer to open it.
4.8.3 There are exceptions to the basic rule where an entry
cannot be forced:
a. Inland Revenue bailiffs may force entry to premises, although some demand
for entry should be made first.
b. Re-entry. The bailiff may, following a valid seizure, force entry on returning
to a property to perform a levy, or after forcible ejection by the occupier.
This can take place even after a considerable delay. If the enforcing officer is
a County Court bailiff they require the permission of a District Judge before
a forced entry can take place. If the bailiff is violently ejected, the debtor can
be summonsed for assault. This is the situation in which police officers
commonly become involved in the activities of the bailiff. If a bailiff
suspects that there may be a threat of violence, they will often ask a police
officer to attend. Obviously, the police officer's duty is to be present to
prevent a breach of the peace but

in no way should the officer assist in the
seizure of any goods.

c. Separate non-domestic premises. Separate non-domestic premises (e.g. a
workshop or a barn) may be entered forcibly by the Sheriff. The rule only
applies to premises, which are not connected with or within the boundaries
of the dwelling house. Therefore, garden sheds and garages are excluded as
they are part and parcel of the dwelling house. Besides, the rule can be
exercised by Sheriffs' officers only. The Sheriff should make enquiry as to the
presence of the goods first. If the enforcing officer is a County Court bailiff
they must always obtain the permission of a District Judge before a forced
entry to separate non-domestic premises can be made.
d. Stranger's premises may be entered forcibly by a landlord with a police
officer if an oath has been sworn before a Magistrates Court to the effect that
there are grounds for believing goods have been fraudulently removed to
those premises. The Sheriff may also break into a third party's house if
goods have been taken there to avoid execution. In enforcing this right a
Sheriff should always make a demand for entry first. A County Court bailiff

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can also forcibly enter a stranger's premises, but again can only do so with
the permission of a District Judge.
4.9 Time for Levying a Distress
There are no restrictions for when a levy of distress shall commence in respect of
unpaid fines, costs and compensation. It is expected that the levy should commence
at a reasonable time and this has been suggested between 6am and 10pm on any
day of the week, which includes Sundays and Public Bank Holidays.
4.10 Bailiffs' Offences
4.10.1 Whilst the objective of the Force policy is to defuse confrontational situations, it is
possible that offences are committed in the course of entry and seizure. In
some cases acts by bailiffs can render the distress void from the start. A
wrongful distress can result in both criminal and civil proceedings instigated
by the debtor. Illegal distress occurs when there is no right to exercise a
warrant, for example, where there is no debt, or an unlawful or
unauthorised act is committed during the levy, such as distress at the wrong
time or with forcible entry.
4.10.2 In this situation the police officer will be expected to intervene to prevent the
search from taking place until either:
a. It is proved that there is a debt, which requires collection,
b. The distress takes place at the right time or
c. The entry is obtained without force or authority is obtained for forcible entry.
Any entry, which takes place when the above requirements are not met, will be
tantamount to a breach of the peace.
4.10.3 Police constables should also be aware that in very extreme cases a bailiff's actions
may constitute harassment under Sec. 40 of the Administration of Justice Act
1970. Harassment takes place if a person harasses another with demands for
payment which, in respect of their frequency or the manner or occasion of
making any such demand, or any threat or publicity by which any demand
is accompanied, are calculated to subject him or members of his family or
household to alarm, distress or humiliation. Threats of violence, illegal
forced entry and racial abuse will all amount to harassment.
4.11 Debtors' Offences
If a debtor is present when there is an entry and seizure,
he/she could face arrest and criminal liability if:
a. forcibly excludes the bailiff from his/her premises, depending on the
circumstances. This could result in forced re-entry by the bailiff who in such
cases may summon assistance from the police.

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b. conceals or removes goods that have been allocated as the subject of distress
during an earlier visit. It should be noted, however, that in other cases a debtor
is well within his rights to conceal or remove goods in order to avoid distress.

5.0 REVIEW

5.1 The contents of this guideline will be reviewed annually by the Commander,
Criminal Justice Department.

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Also to the poster who stated that the company name must be on the docs. This is incorrect. The name must be the keepers & as we keep being told the reg docs are not proof of ownership.

[hazza]

just spoke to another Inspector at Ealing - he said this is not a police matter, it's a parking ticket - and i need to discuss this with Harrow - and then rudely hung up on me, now it's farcical - i have a complaint about someone dealing with complaints

[Screw The Bailiff]

Originally Posted by hazza

thanks STB - i have called the police 4 times but they are not returning calls, made another complainty and was told I will be called back soon
I will work thru the items today and update
I have checked the credit register they are registered
hazza

No point doing it phone, you write a letter to your local police station addressed to whom it may concern. Keep your letter brief and factual, and quote points of criminal law where appropriate. You have the Section 2 of the Fraud Act 2006, Section 39(1) of the Consumer Credit Act 1974 and criminal damage.

You have grounds to ask the IPCC to consider the attending officers for criminal prosecution for Assisting an Offender, they cant contend they didn't know a crime was being committed because ignorance of the law is no defence. It might persuade the police to start a criminal investigation on the bailiff but dont be too hasty to play this card, you could be throwing a policemans career down the toilet.

[The Watcher]

Originally Posted by Screw The Bailiff

No point doing it phone, you write a letter to your local police station addressed to whom it may concern.

... coying in the Chief Constable at the Force HQ !

Originally Posted by Srew The Bailiff

you could be throwing a policemans career down the toilet.

... maybe they should have thought of this BEFORE helping an offender !
If they were more accountable they may brush up on the law - and act accordingly.

[JonCris]

Quite Watcher

Ealing & Harrow police have a paticular reputation as pseudo debt collectors so you may have to persist

Phone the Met & ask for a copy of their guidance which should be similar to that I have already posted on this thread - then you can throw it in their faces

[Viano]

I think STB you are not right again, the registered keeper is PRESUMED to be the owner. Read the reg docs and all will become clear!

Viano

[Screw The Bailiff]

Nothing is presumed. You appear to be confusing legal ownership and vehicle finance agreements.

If a bailiff siezes such a vehicle owned by a firm or their leasing company for the driver's private council tax then its an invalid levy. He cant sell it because the new owner won't be able to get a new V5 and thus, cant have the manufacturer to recode the vehicle immobiliser.

This is quite common for companies to put their fleets into a leasing company name in this way. It stops bailiffs & parking wardens lifting them and using them as collateral. Even of the police doesn't accept the vehicle is stolen, the RK can ask a court for an Order for the vehicle to be handed back to the leasing company.