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bullied by bailiff

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  1. Ok, Should I use my right to remain silent, admit or deny nothing, be charged and then released? then build my case and see it out in court if there is enough evidence against me to go to court
  2. JonCris and co I have a prepared statement IF i am arrested or cautioned. Statement I was invited to xxx Police Station to give my side of the story with regard to an alleged theft and criminal damage to a vehicle clamp. On arrival I was formerly arrested on this alleged charge. I am therefore not prepared to say anything which may be used against me should this matter go to court. I am prepared however to make the following statement regarding this alleged offence. I both telephoned and wrote to Merton council informing them that my vehicle had been clamped illegally and gave them every opportunity to remove this clamp. This they refused to do. I therefore removed the clamp without damage. I took the clamp, un damaged to Wimbledon Police station on Sunday 24th February 2008 at about 1 pm The desk Officer, after going to speak to a superior Officer told me that they were not interested as this was a civil matter and they refused to accept the clamp. I therefore returned the clamp to the location where it had been attached to my vehicle, and informed the council. I have since then been invoiced for this clamp, and other fees by Merton Council. I then took them to Croydon County Court on Monday August 11th 2008 and won a Court Order to have the alleged Parking Ticket put back to Notice to Owner stage and the return of my vehicle without cost to myself and cancelling any bailiff action. I am very disappointed with the attitude of both the police and the council in this matter, as it appears that the police are not interested in the truth or the law, but seem to act only on council instructions with no regard for my rights at all. I have a very large file regarding this matter that I will be more than happy to produce in court if required. I tried to show the police this before and they were not interested. Needless to say I plead not guilty to both charges. .............................................................................................................................. any comments ?
  3. LATEST UPDATE last week I received a letter from the council parking dept stating they wish to persue the ticket and are giving me a chance to go to parking appeal. Tonight I had a visit from the local police requesting me to go in on wednesday for a recorded interview regarding thieft of the wheelclamp or criminal damage to a clamp. I will be going to appeal for the ticket when I have laid out my case fully.
  4. Hi, Here is a copy of the letter i am going to send to the local council parking services, in reply to the NTO I have been sent. Dear Sir / Madam, I write to inform you that I was unaware that a Penalty Charge Notice had been issued to the vehicle for which I once was the Registered Keeper. A Penalty Charge Notice was never handed to me or attached to the vehicle as required by Section 66(1) and Section 77 of the 1991 Road Traffic Act at the time of the alleged contravention described in the Notice to Owner. I would therefore be grateful for confirmation that the Penalty Charge Notice / Notice to Owner will be cancelled. Should you decide to pursue the Penalty Charge then I wish to put you on notice that I will require the following: · The attendance of the Parking Attendant at the adjudication hearing in accordance with Section 6 of the Road Traffic (Parking Adjudicator) Regulations · Copies of photographs of the PCN attached to the vehicle (please treat as a Data Protection Act request if necessary) · Confirmation that the Parking Attendant recorded the tax disc details from the vehicle · Copies of the entry in the Parking Attendant's Notebook detailing the issue of the PCN · Details of the number of PCNs issued and subsequently cancelled due to Parking Attendant error in the last three years (please treat as a Freedom of Information Act 2000 request if necessary). · Details of the error rate for the Parking Attendant claiming to have issued this PCN and the number of PCNs issued by this Parking Attendant which are not accompanied by photographic evidence (last 12 months) I would be grateful if you could acknowledge receipt of this letter in accordance with the Council's protocols and procedures in dealing with communications from members of the public and advise as to the likely timeframe for your response. Yours faithfully, Any comments please.
  5. Thanks guys, now I am confused !!! I think I will speak to Sheila on tuesday before replying to them.
  6. Hi Folks, the saga continues............. The TEC sent me my revoking order. Now the council parking department has sent me (by recorded delivery...they are learning !!) a new "notice to owner" to fill in and return within 28 days, with a payment of £80 as this is the first one I have received, as me winning the court case proves, and it is 20 months after the so called offence, Is this grounds to appeal under the 6 month rule. What do I do now? This council just wont let it go.
  7. If you consider..... 6 police officers, 3 squad cars, A big yellow towtruck, A bailiff calamping my car, and all at 8.50 on a tuesday morning when neibours are going to work and kids are going school, cause for defamation claim. I think I will be making that claim .
  8. Thanks for the advice guys. Is it a thing I do myself or should I get a solicitor involved. I am getting the damage estimated today by a couple of bodyshops and will forward these to the bailiffs and the council legal dept. As fot the compensation side, Do I claim for the damage and loss of use as I have two other claims to make (for the missuse of my personal data and the form 4 complaint). As I am typing this my blood pressure is rising and due to my health problem (caused by this bailiff and his actions), I feel it nescessary point this out in this and any further claims but I am having trouble putting it down in words.
  9. Guess what !!! After a lot of emails and calls to the council yesterday, I got a call saying I can get my car back, also council tell me they wont appeal my case, so I go to get my car and it has damage where it has been moved about without keys. the damage has been photographed by me and the people at the auction, now I must report this to the council. so thanks to all of you out there for your support and advice so far. Only the form 4 complaint court case, and the possible data protection issue to go now keep smilling
  10. JonCris, I would if I knew it would work, But I know the council will contest it and throw thousands at it just to prove a point. Yesterday I won my case, today the council are talking of appealing it.
  11. Things today went from bad to worse, First thing, I called county court to get a copy of the order in my favour faxed to me. I then phoned and faxed TEC a copy of the order so they can start to do the revoking order, they tell me it can take 5 days to do it, but the council should return my vehicle. Then phoned council parking ticket dept (who were in court with me yesterday and lost) and asked for the return of my vehicle, Parking tell me it is up to the bailiff to return the car and it is not in there hands. I asked why this was and they said the bailiff section have to agree to return it. Ok I said, please put me through to that department. "I cant she said, the bailiffs are not allowed to speak to you" so then I try the bailiffs direct number, and no one answers!!! I then call the parking back, and am told legal services will call me later 5.30 a guy from legal services called me and said that the council were going to appeal the county court order, also that the Bailiffs wont return my car as they have a "court order" to seize it, issued by NORTHAMPTON COURT, i explained this was a "warrant of execution" issued by themselves on authority of the TEC and not the court. I asked him if he had a copy of the "court order" and guess what.......He didnt have it to hand !!!!!!!! He then hung up on me................ Any ideas????????????????????
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