I'm later today(24th july 2014) to attend voluntarily that is for interview over allegation!

All i can think to do is what i've always done & keep shtum,not a word!

No mention of clamp removal leading to any criminal damage only that as it was held i'd in effect stolen it(my car hat is)!

Can only imagine this will be one of some but to come in there hoards no doubt!

Anybody de-clamped their own car since the new regs "Taking control of goods etc" came in april in regards to magistrates unpaid fines

whereby stage 2 of £235 is added by bailiff on top obviously £75 compliance

.Car was clamped

notice on my window &

letter through leterbox,

spoke to guy declaring cannot pay all today

but expecting as i was that very next day receiving more than enough can we sort something,

abruptly no was the answer without consideration

which at that stage,

well anyway no money,

no car so

later that day car was to be towed final £100 on top for that.

Simply hadn't been paid (again) for installs of energy efficiency measures

(ECO energy companies obligation)

which is a whole different [problem] for a thread of titanic proportions elsewhere,

admittedly should have agreed some payment arrangement prior to enforcement stage,

hold my hand up there til it aches

but even on lists to do's time flew as it slipped time again my mind!

I'm sorry, and I may be a statistical outlier here, but ; your post makes no sense to me.

More details of events, and splitting into different paragraphs for the different issues might help.

Were you after advice, and if so for what problem?.

Did you remove a clamp?.

In which case do they believe you have stolen it?.

If you removed a clamp,

how did you do so without causing it damage?.

Theft and criminal damage are 2 possible offences that spring to mind,

but it is difficult to comment without more detail / background.

Tribunals, courts and enforcement act 2007

Sch 12 reg 68

A person is guilty of an offence if he intentionally obstructs a person acting lawfully as an enforcement agent

A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse

A person guilty of an offence under this paragraph is liable on summary conviction to - either imprisonment for a term not exceeding 51 weeks OR a fine not exceeding level 4 on the standard fee scale (2500 pounds.) OR both

If you did something er 'naughty' don't write about it on an internet forum.

I suspect police wont proceed without proof i.e. eye witness.

If you had a fine from a mags court you should pay it or try to appeal it.

You don't have to incriminate yourself.

It is up to the Police to provide evidence to the CPS,

if they want to take it further.

Just say ' no comment' or I have no comment to make.

It is an offence to provide an officer with a false statement,

so you can't say anything that you know to be untrue.

Whereas if you don't say anything, you are within your rights.

Don't go down the route of getting involved with officer about an argument about stealing your own car.

You don't really have to say anything at all about anything,

unless the Police produce evidence e.g CCTV.

Then you ask to stop the interview and insist upon a duty Solicitor being present.

you are so right my good man,

lack of sense for sure!

I've many references or shall i say friends who'll back you up!

the next reply with references to such criminal activities i may or may not have portrayed should siutably end the thread happen!

However i'm sure i'd read them up a week last monday when this all kicked off

& seems odd as next day police said get in touch which i did but

the particular pc was off duty then i left it at that and

pc only got back in touch a wk later,

meanwhile not a word from bailiff since his text which was 2 week ago

stating most observantly that i'd removed my car so he was getting some gaffers permission to storm my house soon

and that he'd told the porkies,sorry police of my re-actions!

Just seems like i'm given time to pay up for which i'm most appreciative indeed but ain't no cash,

also i'll have to no doubt in some way compensate the clamp

which i could by getting my wrought iron monger mate to weld it up proper

as that was the only way i say may have cut it off

as obviously a crap weld job was barely holding the tough chains together,

infact noticing the weak link on the clamp & how bad a weld job had previously been done was tantamount to.

.. erm not bribery.

. forgot the word but it was too tempting not to if ya get my jist!

ENTRAPMENT thats the word!

As i've no doubt lost you again for which i apologise

to sum up my intention for this thread

was simply anyone else walked the same path before

& where exactly did it take them!

Oh if someone had a get out of jail card that'll be bloody marvelous!!

£££ Cheers for your time and am sure expired patience.. lol

CHEERS MAN!

Your right there and a

s you can gather like i said earlier

i always say nothing as its my best bet in any case

& has worked for over 20 years!

This thread confuses me :/

Now tell us why the Bailiff turned up please

Please ignore Mikeymack's questions as they are too leading.

As I understand it, you had a bailiff clamp your car and some one removed that clamp and you are going on an interview about its removal and possible damage done to the clamp.

Your get out of jail free card is if the bailiff has not complied with the Taking Control of Goods 2014 Regulations. As he is a bailiff, I doubt they have.

This is the part of the Act that covers the actual clamping of your vehicle -

(2) The enforcement agent may not secure goods in any of the ways listed under paragraph (1)(a) to © where any person (whether or not the debtor) in occupation of the premises, or any part of the premises, would, as a result, be deprived of adequate access to essential facilities, including exempt goods, or adequate means of entering and leaving the premises, including means of emergency entry and escape.

if you can show that your immobilised car could be described as an essential facility [for instance you have a disabled child or partner who has an essential need for you to have a car ] then the car should not have been clamped

3) Where the goods are secured by fitting an immobilisation device under paragraph (1)©, the enforcement agent must, at the time of immobilising the goods, provide a written warning to the debtor, signed by the enforcement agent, to be affixed in a prominent position on the immobilised goods, which must contain the following information—

(a)that the enforcement agent has immobilised the goods;

(b)the date and time of immobilisation;

©that the goods have been immobilised because the debtor has failed to pay the sum outstanding;

(d)a telephone number, which is available 24 hours every day, for enquiries; and

(e)the reference number or numbers.

did the bailiff do all those things?

third- you need to remember when the first letter from the bailiff arrived as they must give you 7 clear days notification before they can call round to take control of your goods.

bear in mind that Sundays are not included in the reckoning of clear days. Therefore if your letter the "Notice of Enforcement" arrived on a Saturday [that's the one advising you that you have been charged £75 and that if you do not call them to make payment, they will come round in 7 days time and there will be an extra charge of £235] then the

calculation starts on the Monday-unless that was a Bank Holiday. So they cannot call round until the Tuesday of the following week ie 11 days after you received the letter [but only when the letter arrives on a Saturday.

If they have not given you the correct amount of days notice, then they should not have clamped your car. End of.

If you can find that letter [did it say Notice of Enforcement?] look at the date and realise that most bailiff companies do not send out the letter on that date and many often use

TNT to deliver their mail rather thane the Post office. So the letter may not have been delivered to your address for quite a few days after the date on the letter.

Once you know which day the letter arrived, starting from the next day [unless that was a Sunday] count out 7 days from then -not including any Sunday. Whatever that date is,

did the bailiff clamp your car before that date or after? If before then no action should be taken against you as the bailiff had no business to clamp your car..

In any case, the regulations will only apply where the EA can prove beyond all reasonable doubt that they were acting lawfully and with lawful authority. If the EA makes an allegation to the police with the intention of causing a person to be arrested or prosecuted or which may lead to a person being arrested or prosecuted, and knows, at the time of making the allegations, that the allegations are false or is reckless as to whether the allegations are true or not, then the EA is guilty of an offence, that of Perverting the Course of Justice, which is an Indictable Offence and carries a substantial custodial sentence on conviction on indictment. The other offence likely to be committed is Making A False Report, which is a summary offence and only carries a fine or six-month custodial sentence as punishment.

EAs must realise that the days of making false allegations against debtors to the police are coming to an end. People are better informed than ever before are are increasingly more prepared to put pressure on the police to do their job of upholding the law and keeping the peace, instead of going around issuing FPNs like confetti, winding up people to justify an arrest and behaving like thugs. There are still decent and honest officers left in the police force and I can see them turning on their corrupt colleagues sooner rather than later.

I would be interested to read any update.

I would be interested to read any update.

I asked the OP in person to post back about this last week but I guess he must be too busy.

The theft of goods Taken into Control and the suspected theft of a wheel clamp were reported to the local Constabulary several weeks ago. Despite the police officer's best attempts, he was unable to contact the OP ( registered keeper of the vehicle and whom I'd had brief contact with on the phone before the vehicle and clamp disappeared).

Several weeks later, the OP phoned me out of the blue asking how he could get his car back from the police pound.

Turns out the OP had been stopped in the next county some 100 miles away and had the car re-seized from him by the police. He was given a lift to the train station so he could make his way home.

I arranged for the debtor to settle the warrant and asked the police to release the vehicle to him as his fines were settled. He was then free to travel back up to the next county and retrieve his vehicle at considerable further cost to himself as he incuured a recovery fee from the police pound and additional travel costs.

Nice bloke though, he even got the clamp fixed and returned it to me with no hard feelings on either side. The police were happy to close the matter on this basis.

Lesson learnt hopefully.