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Go for the jugular

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Posts posted by Go for the jugular

  1. Your Out of Time Application has been accepted and this means that the Warrant of Execution has been REVOKED. Anything that happened under the warrant (ie payment of removal of your car) is deemed to be VOID and therefore you would either be entitled to a refund of the payment you have made (including bailiff fees) OR the release of your car and you can make a claim in the courts for restitution.

     

    The car was taken to the pound on the instructions of Southwark and they are WHOLLY responsible for ensuring that your car is returned to you.

     

    It is also SOUTHWARK who are responsible for settling the bailiff fees and any claim for restitution.

     

    In cases such as this I have ONLY EVER KNOWN that JBW insist that the vehicle owner attends at their vehicle pound in person to collect the car so something doesn't seem right here.

     

    I was very fortuneete in that I didn't hand over a PENNY to JBW re my car, HOWEVER, I was unable to work for the duration of seizure. So I want to claim for loss of earnings plus cost of communications, car wash etc. Will this fall under restitution?

     

    BTW, I found my car at my old address, resembled a dirty birty birds nest, I cancelled my 'stolen' report with the police.

  2. 'Dude wheres your car' .:cool:

     

     

    I try to keep my posts as brief as possible, HOWEVER, I ACTUALLY said 'but dude, wheres my car?':lol: twice during the conversation! Southwark told me they did NOT instruct JBW to return the car to the addy on the warrant. I have reported my car as stolen to the police, with the last known whereabouts as with JBW and recieved a crime number.

     

    I know it will be a long process, but I'm positive I'll be getting a large payout, as I use my car for my business and I've had to cease trading because of all this.

  3. Origional post is here;

     

    http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/260098-jbw-removed-my-car.html

     

     

    WEll, i have just today found out the 2nd stat dec was sucessful. Southwark told me they had informed JBW of my stat dec on 20/05/10. then said i have to call JBW re my car:rolleyes: I call JBW to find out the status of my car , who inform me they returned my car back to me on 08/06/10 :eek::eek::eek::eek::eek::eek:.

     

    When i tell them that no such action took place (like I'd be calling them if i had my car) there was lots of uming and ahhing then they put me on hold for a long while, then tell me they cant find the person who dealt with my case and i should try calling back in the morning.

     

    As a percaution, i rang trace, who said my car has not been noted to them by any party from 08/06/10 onwards.

     

    Are JBW into organised crime?

     

    I'll know a lot more in the morning.

  4. I had to complete the TE7 & TE9 for one pcn and a PE2 & PE3 for the other (was trying to keep my post as brief as possible).

     

    section 10.70 is taken from

    Operational Guidance

    to Local Authorities:

    Parking Policy and Enforcement

    Traffic Management Act 2004

    Authorities should instruct their bailiffs to liaise with them before taking

    this action. If the name or address on the county court order Warrant was

    incorrect the name or address on the Notice to Owner and the Charge

    Certificate may also have been incorrect, and neither have been served on

    the motorist. If the NtO and/or the Charge Certificate were never served the

    Warrant of Execution should not be served. An NtO (or Charge Certificate)

    should be served to the the address established by the bailiff.

     

    My car is an 02 plate, I saw no documentation, as I've never met him in person. t the time of removal, i was in my home, heard a car alarm which i knew to be mine, looked out the window to see my car being towed off into the sunset. I checked the name the police gave me against the certified bailiff register, it was there HOWEVER, as i never saw him in person with his ID, i'll never know the correct identity.

  5. last thursday for 2 PCN's. Warrants are for me at my old address, Bailiff used ANPR and other means to locate me at my current address:roll:, no paperwork thru my door:roll::evil:. I filled TE 9, sucessful :D & PE3 accepted today (Mon 17th), however awaiting Southwark's decision:-|. Bailiff says Southwark can still mointion to auction my car:rolleyes: Is THIS TRUE? Bailiff and his company refuse to release my car:roll:, dispite me giving them proof of my self employed status, public liability & car insurance, letterheaded paper, biz card (was told only taxi cab drivers could use this:roll::roll:). Its probable that Southwark will accept my section 10.70 declration, as im not classed as a persistant offender. So my question is, will JBW STILL expect some form of payment to secure release? Am i obliged to pay them anything?

     

    I'm AMAZED how well versed I've become in all this bailiff lark, 5 days ago, I was a complete novice:cool:

     

    Any response would be greatly appriciated.

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