JBW & potential legal action against them, HELP!

[nothingtodeclare]

Hi, maybe this has been covered already (sorry if it has) but if Anyone has any experience of this I'd be so grateful for advise.

 

1. My son who is 25 and unemployed (but doesn't sign-on), saved up for a car when he was working. That car was towed away in East London a few months ago BY JBW and sold by them. They got 10% of its value and my son got nothing of the £663

 

2. The reason they towed it was they said he owed for ONE penalty offence, ie entering and stopping in a box junction. A notice was posted to his previous address but it was never forwarded to him by the subsequent tenants.

 

3. JBW noticed the car parked, legally I might add, and sized the car. Again they sent the 'notice' to the same old address.

 

When he saw his car has been taken, naturally he assumed it was stolen. However the police informed him it had been seized. Before he could act he got a call from the 'new owner' asking him did he have a key as he'd just bought the car at auction. If the 'new owner' was able to find his number, presumably in the glove compartment' then why didn't JBW call him?

 

He is a law abiding citizen and yet he has been mugged by government licenced bailiffs. Its so unfair, it would take years working to make back the six thousand pounds he lost. He needed that car to find work and owning it meant he was on the ladder of independence.

 

JBW not only robbed his car but his dignity. JBW have wiped out years of hard work that I, his schools, society have put into making him a lovely man. But that incident has shattered his world. He can't figure if the law allows that to happen and its so unfair, why should he in turn uphold the law? I don't really have any answers to that.

 

I feel so angry but now I want to try and get justice and get that money back.

 

What chance do I have?

How long could it take & how much would it cost?

Any constructive advice would be very appreciated.

[tomtubby]

I am sorry to hear this and it is only sad that you did not know the many people here who could have helped you sooner.

 

There are quite a few questions that I need to ask before advising further.

 

Which local authority?

 

Do you still have a copy of the ticket?

 

When was the ticket issued?

 

As your son did not receive the PCN did he fill in an "out of time" Late Statutory Declaration. He most certainly should have done this. !!!

 

Did JBW provide a breakdown of the fees and chrges.?

 

Did JBW provide written proof that the vehicle was sold.

 

If you can respond to the above I can advise further.

[Guest 10110001]

When he saw his car has been taken, naturally he assumed it was stolen. However the police informed him it had been seized. Before he could act he got a call from the 'new owner' asking him did he have a key as he'd just bought the car at auction. If the 'new owner' was able to find his number, presumably in the glove compartment' then why didn't JBW call him?

 

If yuo still have the V5 then find out where this new owner lives and go with the key and take the car.

 

Bailiffs cant enforce the same debt twice.

[PizzaMaker]

Why didnt your son pay the original fine?

 

JBW have been provided with the warrant at the address where the car was registered at the time of offence. It is not their responibility to find him at his new address.

 

If they did know he was at a new address then they are obliged to leave a seven day letter.

 

What car did your son have?

 

One thing i will say about JBW is that probably one of their own bailiffs bought the car on the cheap. Mind you a £5000 car might only make between £750 and £1000 at an AUCTION. Remember it is an AUCTION.

[Guest 10110001]

One thing i will say about JBW is that probably one of their own bailiffs bought the car on the cheap. Mind you a £5000 car might only make between £750 and £1000 at an AUCTION. Remember it is an AUCTION.

 

If that can be proven, then file a claim against JBW in the cmall claims track for loss of property resulting from an under-valued sale. Section 16 of the Theft Act 1968 might add some criminal weight to the claim.

 

There's Khan -v- JBW Enforcements Ltd which involved the taking of a car and JBW was ordered to pay it all back.

[PizzaMaker]

I believe that may not be the case now, but i would be intrigued to find out what car the gentleman had.

 

Years ago thats what would have probably happened.

 

How long was it from taking the car to it being sold at auction and what auction house was it?

[Guest 10110001]

I believe that may not be the case now, but i would be intrigued to find out what car the gentleman had.

 

Years ago thats what would have probably happened.

 

How long was it from taking the car to it being sold at auction and what auction house was it?

 

Khan of Khan -v- JBW s a regular on this forum and posts as Bailiff Chaser. He might be able to help.

 

I think it was a case of a JBW bailiff taking a car and pretended to sell a car at auction where in actuality JBW had embezzled it.

[PizzaMaker]

sorry 101, i was talking about the original poster!

[nothingtodeclare]

So frustrating I was at the end of a long post when my computer seized, so JBW isn’t the only one doing that around here!

 

I’ll try and remember everything Tomtubby…

 

Which local authority?

 

The car was picked up in LB of Hackey. The traffic violation happened in the LB of Camden and my son lives in Tower Hamlets.

 

Do you still have a copy of the ticket? He never received the ticket

 

When was the ticket issued? JBW says it was issued (can you believe it) on 19th Nov 2005 for ‘entering and stopping in a box junction when prohibited’ in Maida Vale/Clarendon Terrace.

 

That might seem like a very long time ago but the car was only lifted late last year. We wrote to JBW in February '07 and it was April '07 before we got a reply. The months are just flying by as I try to sort it all out.

 

As your son did not receive the PCN did he fill in an "out of time" Late Statutory Declaration. He most certainly should have done this. !!! No he didn’t fill anything out

 

Did JBW provide a breakdown of the fees and chrges.? NO

 

Did JBW provide written proof that the vehicle was sold. Yes in a letter

 

If you can respond to the above I can advise further. Thanks that would be great

 

 

 

 

10110001: If yuo still have the V5 then find out where this new owner lives and go with the key and take the car.

 

Yes still have the V5 but is that legal to take the car back?

Thanks re the bailiff chaser, we've been in touch

 

 

 

Pizzamaker: How long was it from taking the car to it being sold at auction and what auction house was it? 14 days

 

He didn’t pay the fine because he didn’t know there was a fine because he had moved. The other tenants didn’t pass on post and he didn’t know he had anything owing from a ticket because I guess it was a camera that ‘caught’ him in a box and not a ticket collector.

 

 

 

The car was a Volvo V40 Sport - 2002 low milage and in good condition. They go from about 7k to 8k in exchange and mart. He got nothing. JBW got £663 (as you said ‘probably sold to a friend’ of the bailiff's).

 

I just can’t believe there are people employed by the government out there that can do this. I mean what’s the point in being on the right side of the law when you get mugged in broad day-light for seven thousand pounds and its Legal!!

[tomtubby]

This is terrible.

 

Everything is wrong here.

 

I would be staggered if the ticket itself was enforceable becuase of the landmark court ruling last year in the case of Barnet v Moses.

 

Sadly, your son was not aware that because he had not received the PCN he should have filed an Out of Time Late Statutory Declaration.

 

I had assumed that the vehicle was your sons. As it was in the name of your husband the bailiff company HAD NO RIGHT WHATSOEVER in taking it.

 

You say that letters were written to JBW months before. What were you querying with them?

 

Finally, you say that the new owner contacted your son. Did he leave his contact details with you?

[tomtubby]

Have just send a PM (message to you)

[nothingtodeclare]

Yes ignorance is expensive, I wish I knew about PCN's back then.

 

JBW sent a letter in response to our query re exactly why they took the car. It was dated 2nd April.

 

Thanks for PM, job done.

[Guest 10110001]

Fill out a later stat dec and get it overturned.

 

If you can do that then liability to replace your car passes from the bailiff to the authority that issued (or didn't) the original ticket (Kinser -v- Reigate & Banstead BC).

 

You will also be entitled to claim for a rental car in the meantime, plus an hourly rate usually 2/3'rd of the prescribed rate for a solicitor for administering the case as a litigant in person.

[nothingtodeclare]

Thanks 10110001 - looks like a long road ahead but hopefully itwill be worth it in the end. Thats also for the test case, always good to see someone else was successful!

[kraygerson]

I have some experience of car auctions. There is absolutely NO WAY that the car you described would have fetched just £663. Not even on a bad day.

 

I smell bailiff bs here.

[tomtubby]

You are right.

 

I am looking up the relevant section in the Road Traffic Act that provides for sale of the vehicle and will post later.

 

Found it.

 

Section 13. of the Enforcement of Road Traffic Debts (Certificted Bailiffs) Order 1993. states that:

 

Goods seized in execution by an enforcement officer shall only be sold by public auction.

 

 

I have PM'd you.

[Guest 10110001]

It was probably a mock-auction. An auction open only to a selected audience.

 

Ultimately its for a court to decide whether the vehicle was embezzled by way of selling at an artificially low price for their own personal gain.

 

File the claim anyway - what have you got to lose?

[Guest 10110001]

Also, have you reported this to the police as embezzlement of goods under the Theft Act 1968?

Reading this forum, its sounds like that JBW Enforcements Ltd is an organised car-ringing gang who has managed to legitimise themselves by becoming certificated bailiffs.

JBW’s cases need looking into - especially where the taking and selling of motorcars are involved.

[tomtubby]

Where any wrongdoing is concerned this would be either "Irregular Distress" or even possibly "Illegal Distress".

 

I am looking into this further.

[PizzaMaker]

Who was the issuing authority of the parking ticket. Was it Camden or was it TfL Bus Lanes although the offence was box junction. This is quite important!

[nothingtodeclare]

Tombubby, I tried to PM you 3 times but it failed??

Thanks for advice. I'm going to find out who the bailiff was and revert.

Pizzamaker: TFL employed JBW. I've had a very encouraging letter asking for full details from an important source.

I'm going the MP/councillors/shadow-government route also - I’m not sure if the government is aware just what JBW is up to.

I mean by taking my son's car and therefore making it almost impossible for him to find work (because he needs a car for the type of work he does) that means he'll be forced to sign-on so JBW actually will cost the tax-payer (myself included) thousands of pounds each year. Was this the intention of the government when they licensed JBW, to rob Peter and then rob Paul?

This is the fact: they are teaching young honest kids the line of least resistance. They are teaching them to stoop to their own levels of deceit. They are taking society down with them to their scurrilous cesspool. They will not, and cannot, be allowed to get away with it.

Luckily I have a background in journalism and I intend to use it.

[tomtubby]

There should not be a problem with PM's. It may be that the box is full. It is OK now.

[tomtubby]

Yes the government are very well aware about bailiffs and of course JBW.

 

We are lucky to have had the most brilliant support against bailiff actions when Austin Mitchell gave a speech in the House of Commons a few months ago.

 

The speech lasted nearly one hour and centred on bad practices by bailiff, in particular because his daughter's car was clamped by bailiffs.........JBW !!!! If you require details of this please do let me know.

[nothingtodeclare]

Thanks Tomtubby, yes I read that Austin Mitchell speech, very good. I'd like to see it happen to some cabinet members cars! Nothing like some personal experience to focus the attention.

 

I'll get in touch when I have all the documentation.

 

You do a terrific job, many thanks!

[nothingtodeclare]

sorry, does anyone know the link on this site for a Subject Access Request form?