who can take on a bailiff with me ?

[bullied by bailiff]

...so if it now goes to the NTO stage, do I pay the ticket?

[bullied by bailiff]

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????????????????????

[JonCris]

Apply now! to the court seeking an order for the return of you vehicle plus costs & compensation

[bullied by bailiff]

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.

[JonCris]

So what's the alternative??

 

From what you say any appeal will have no merit which the court will recognize. I suspect the person you spoke to was peed off because you won decided to be petty

 

Contact them again in writing & threaten them with further legal consequences if they don't return you vehicle within 24 hours

Edited August 12, 2008 by JonCris

[Goldlady]

Would it be of any use to get your MP involved? It is unbelievable that this has happened.

[tomtubby]

I am very confused at the suggestion of a High Court Enforcement Officer as for this to be applicable you will need to issue a summons....and if this is not defended and a CCJ is awarded THEN you can request that the Judgement is transferred up to the High Court. There is a fee of £50 and a further £60 fee. BUT you need to have a CCJ first.

 

The problem that you have is that your car was not removed by a traditional bailiff company. It was removed by a "bailiff" working within the local council an frankly I have doubts that this particular council know the law. This is evident of the fees and charges that they have posted on the own council web site.

 

I doubt whether they have ever had this situation before.

 

You appealed an Out of Time rejection using an N244 which has been successful. In this case the Warrant of Execution has been REVOKED as provided under paragraph 8 (5) of Schedule 6 of the Road Traffic Act 1991.

Crucially this provides that "any execution issued on the order shall cease to have effect" and that the "authority shall forthwith inform any bailiff instructed to levy execution of the withdrawal of the warrant"

 

The car MUST immediately be released. That is CLEAR.

[Fair-Parking]

If what I have read is true and the council have been seen to have acted beyond their authority and are now attempting to be as obstructive as possible, then if I was in this position I would immediately apply for a High Court Injunction to have the car released.

 

Further - armed with a County Court Order in my favour which you should show the High Court, I would would do it on an Ex-Parte basis, that is without the other side knowing about it. It would be unlikely that a High Court would not support the lower County Court and the car should be released. If the Council refused, then armed with the same High Court Injunction, you could now involve the police as refusing to obey a High Court Order is contempt of court - a criminal offence.

 

An injunction is not the end of the matter, it merely advances a dispute in the favour of one party. A full hearing may be scheduled for later. At which point the council (if they feel that it is in their interest to attend) have every opportunity to produce their non existant court order and give every reason why they lied to the DVLA and why they refused to release the car via the County Court Order and then explain exactly why they think there is merit in opposing the injunction. The other option is that they finally realise that this farce as gone as far as it can and that their best course of action is to back off, shut up, release the car and pay compensation.

 

You will also have all the ammunition required to rid the area of this troublesome blight on humanity via Form 4 for both Jarvis and Walshe

[JonCris]

& once you have done all that report them to the Local Government Ombudsman for maladministration

[JonCris]

Forgot to mention if you discover that your car has been 'disposed' of sold report the culprit to the police for misfeasance whilst in public office

[letsmakeamark]

Right here we go. If once a judge grants you leave to file a stat dec the council cannot do a thing. If in the meanwhile your vehicle is sold i would have the vehicle valued etc and then go after the council.

[bullied by bailiff]

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

[letsmakeamark]

You need to make awritten complaint to the bailiff company . Also a written complaint to the council. Give them 14 days to rectify. if not issue a small claim for the damage. Also issue against both council and bailiff company.

[JonCris]

Also don't forget to claim for loss of amenity (loss of transport & all that this implies)

[bullied by bailiff]

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.

[Heathliver]

Don't forget loss of earnings and all costs involved in taking the action you have up till now!

[letsmakeamark]

When you issue your claim issue it in as simple words as you can. Describe to the best of your ability what you are claiming. Ie loss of use , If you had hired another vehicle what would the cost have been or is. The damage and so on. When you do a n4 complaint you need to do it in a specific way.

[JonCris]

If your car was taken in such a way that all the world, or your neighbours/workmates was watching then you also have a claim for defamation

[bullied by bailiff]

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 .

[JonCris]

oops police assisting in an unlawful act. Complain to the Chief Constable when that fails (which it will) report their actions to the Police Complaints Authority

 

I'm not trying to attack the police but until enough victims of these miscarriages complain it won't stop

[389shell]

There is no hope for this country with councils like this! Well done and keep up the fight.

[bullied by bailiff]

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.

[JonCris]

Of course it is

 

I should warn them you consider their appalling repeated conduct to be vindictive as well as an abuse of process. That in view of this you will at the very least be seeking cost & damages as well as reporting them to the local government ombudsman for maladministration

 

Furthermore as they are attempting to obtain money knowing they are no longer entitled to you may have no choice but to report named staff who are conducting, what you now believe is a vendetta, for misfeasance in public office which they should know is a serious criminal offence

 

Don't pussy foot around with this lot go for the jugular

[JonCris]

Forgot to mention send your letter, special delivery, to the council Chief Executive

[letsmakeamark]

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?

 

 

Lets get something cleared up here.

 

The case you won was to allow a out of time stat declaration to be filed . Which the judge has allowed. However this does not cancel the original notice to owner which will be re issued and you must appeal it. Then if they refuse goto traffic penalty tribunals or ptas. Appeal it there and then if they accept you appeal the pcn will be cancelled. If they refuse then you must pay it or file another p2.