who can take on a bailiff with me ?

[bullied by bailiff]

I am having a problem with a local council bailiff over a parking ticket i did not receive, first i knew when a bailiff turned up, wedged his foot in my door and demanded entry. i refused and he called police who told me i must let him in....to cut a long story short, penalty charge of £40 now upto £1499.00 and the bailiff has returned and taken my work vehicle, he now tells me i can work self employed as a MOBILE auto electrician using public transport.

 

Who has the legal knowledge to take on these thugs

 

many thanks:shock:

[**Tilly**]

Hello and welcome to cag

 

 

You will get all help and advise you need here from the friendly helpfull peeps if you start a thread here Parking / Traffic Offences Good luck.

 

 

 

 

Tilly

[JonCris]

I am having a problem with a local council bailiff over a parking ticket i did not receive, first i knew when a bailiff turned up, wedged his foot in my door and demanded entry. i refused and he called police who told me i must let him in....to cut a long story short, penalty charge of £40 now upto £1499.00 and the bailiff has returned and taken my work vehicle, he now tells me i can work self employed as a MOBILE auto electrician using public transport.

 

Who has the legal knowledge to take on these thugs

 

many thanks:shock:

 

Search the site for a member called WWOW he's a pilot who's just fought & won a very similar case as yours bailiff forced entry with the complicity of the local police etc

 

Also look for tomtubby

[rory32]

Thread moved to Bailiffs Forum.

[kermit2482]

Unfortunately the bailiff will have a warrant of execution issued by normally Northampton county court, thus not giving you a great deal to defend, however having said that those fees are well and truly extortionate and the very most i would expect 1 parking ticket to ever get up to at the maximum is about £370 ish give or take a tenner so i would think you would have a case for unfair fees here!!

[tomtubby]

This is simply awful. A bailiff charging this figure should be the subject of a Form 4 complaint. If this is a local authority bailiff....I suspect I know which company !!!

 

I have sent you a pm.

[JonCris]

Unfortunately the bailiff will have a warrant of execution issued by normally Northampton county court, thus not giving you a great deal to defend, however having said that those fees are well and truly extortionate and the very most i would expect 1 parking ticket to ever get up to at the maximum is about £370 ish give or take a tenner so i would think you would have a case for unfair fees here!!

 

A warrant of execution does not give the right of forced entry. Only an order of the court, very rarely granted & only after all other avenues have failed, would do that

[tomtubby]

Good answer Jon but is should be noted that the right to forced entry is very rare (although our office did have one such case yesterday ) but the right ONLY applies to unpaid Magistrate Court Fines ie: a criminal offence where a fine has been handed out for instance:

 

Driving without insurance (very common)

Driving without car tax (very common)

No TV licence (have only seen 2)

Theft/shoplifting (quite a few)

Using a mobile phone while driving (lots of these)

Failing to send you child to school ( 2 cases)

 

Also a bailiff can force entry is there is a valid walking possession and the account has defaulted. That is why I will always say.....never let a bailiff into your home and never sign anything at the door.

[JonCris]

Hi Tom I think that's what I already said init very rarely given

[bullied by bailiff]

Thanks for the help so far, will keep you posted as the plot unfolds. (watch this space)

[bullied by bailiff]

Just a quickie, does anyone have any case history where a bailiff had to return a vehicle ?

[tomtubby]

Yes,,,,

 

I have pm'd you.

[tonycee]

Yes,,,,

 

I have pmdd you.

 

So why dont you post it up for the benefit of ALL CAG users

[tomtubby]

Yes,,,,

 

I have pm'd you.

[WWOW]

CC me in as well please.

[JonCris]

& me Tom please:)

[kermit2482]

A warrant of execution does not give the right of forced entry. Only an order of the court, very rarely granted & only after all other avenues have failed, would do that

 

 

Please note nowhere in my post did i say it gives the bailiff the right to force entry!!!!

[bullied by bailiff]

Unfortunately the bailiff will have a warrant of execution issued by normally Northampton county court, thus not giving you a great deal to defend, however having said that those fees are well and truly extortionate and the very most i would expect 1 parking ticket to ever get up to at the maximum is about £370 ish give or take a tenner so i would think you would have a case for unfair fees here!!

 

Kermit. i see you are also infer the "northampton county court" issue the warrant, is it not the ticket office at the same address as the court, but nothing to do with the county court?

 

please correct me if I have been wrongly informed.

[tomtubby]

The LA (Local authority ie: the council issue the parking charge notice (PCN)

 

The final part of the enforcement process is when the Warrant of Execution is issued. This is the LEGAL document provided to the bailiff to enable him to pursue you for the debt.

 

This is issued at the Traffic Enforcement Centre which is "attached"to Northampton County Court. In reality it is more of an admin centre.

 

By the case being transfered to TEC it is NOT a County Court Judgment.

[kermit2482]

The LA (Local authority ie: the council issue the parking charge notice (PCN)

 

The final part of the enforcement process is when the Warrant of Execution is issued. This is the LEGAL document provided to the bailiff to enable him to pursue you for the debt.

 

This is issued at the Traffic Enforcement Centre which is "attached"to Northampton County Court. In reality it is more of an admin centre.

 

By the case being transfered to TEC it is NOT a County Court Judgment.

 

Indeed 100% correct, thanks TT

[Recycler]

which council issued the ticket & find out when

 

which bailiff co (not the bailiffs name)((Tom T can check the bailiffs certification out))

 

check when TEC issued the warrant (only valid 1 year)

 

 

sounds like you have every right to file a statutory declaration at TEC

 

 

a £40 ticket would end up at £120 with a £5 court fee

 

background to pt 4 complaints & links to the forms here London Motorists Action Group - Bailiff Certification Complaints Process

 

do some research & get your ducks lined up before sending off the forms...

[bullied by bailiff]

Thanks for the info so far.

 

I am now sending in an N244, trouble is i need to do it word perfect.

can anyone with this experience help?

 

you can PM me or post

 

Thanks

[seanamarts]

tut another bailiff with 'big foot in the door syndrome'

As I have found out this is an illegal procedure, I'd get a form 4 sent asap.

I would also write to the council who is in charge of the PCN stating what the bailiff did and what he was charging, they are oblidge to investigate the matter also

[bullied by bailiff]

Form 4 already sent last month. problem I have now is i need to do the N244 today as bailiff has already put my vehicle in an auction. can someone with experience PM me with a contact number and i will call them back.

[seanamarts]

Form 4 already sent last month. problem I have now is i need to do the N244 today as bailiff has already put my vehicle in an auction. can someone with experience PM me with a contact number and i will call them back.

get onto the bailiff company and get the car taken out of the auction, tell them what you are doing and ask them to put any proceedures on hold until you have sorted this out, if they are in the wrong then its gonna cost them in the long run