Bailiffs and Enforcement with police a Horror Story

[noddyaccount]

Hi Guys,

 

Today I have had one of those experiences you really do not want to have. At 9.0 o'clock in the morning I received a ''letter'' or notice from Marstons stating that they were coming to enforce the collection of my wifes unpaid traffic penalty. A parking ticket that was incurred by a friend who used the car and parked on a red line incurring a £100.00 fine, now having increased to £612.28. We had already made a statutory declaration about the fine and informed the authority who the driver was and were he lived as well and further requested a screenflash for a cost breakdown, something we never received. We were still waiting for Marstons to reply, why I got really p....d off and phoned the bailiff up to discuss the matter. The discussion got a bit heated and when the bailiff told me he would force his way in I said that ''as you have no right to force your way in to enforce a parking ticket I will blow your effing head off if you try''. Man, one hour later the bailiff turned up with police (3 of them) and knocked on my door. I opened as I did not see the bailiff, only the police and as I opened the door the bailiff stuck his foot in and had got entry. They left 15 minitues ago after some serious verbal exchange, but, to my great dismay I had to pay or the bailiff would have taken goods from my house.

 

The issue is now, why on earth is the police getting involved??? The policemen told me that they were called by the bailiff to ensure the peace and/or arrest me for having said I would blow the poor bailiffs head off, an illegal threat??? However, the police were ok and did not do or say anything wrong, but, it is still scary that they get involved and are used by the bailiff to gain entry, anyone would open the door when they see the police and thereby ensure entry for the bailiff. The way they enforce the entry and the circus around it is outrageous, just imagine to have your house surrounded by police, dogs and ALMOST armed response team for a PARKING TICKET. Something got to be done and I need help to start some form of action against this.

 

Notwithstanding that you broke the first rule of conflict by losing your temper and thereby gave the bailiff motivation , you had challenged his fragile macho ego ,and means , you had allowed him to call the plod to ensure he gained entry , the real way to fix him is on his costs , so as to waste his time/money and prove to him what he knows deep down : that brains beats brawn and class trumps cunning .

Did you get a receipt ?

From £100 to £612.28 seems excessive , and as i understand it if you can show he has charged more than he should you can sue him for all the money less the charge itself plus costs .

If the council are in the wrong and it sounds like they might be as you say you send a stat dec , and yet they sent the bailiffs in you may have a case agin them .

I am obviously not a lawyer but I took a bailiff to court for overcharging and they paid up pdq .

See on this site or via Hmcs for the tariff for bailiffs £x letter , £y a visit and write for proof of such .

[noddyaccount]

Thank You so much Noddyaccount.

I am in the process to do all of what you think could be done. As usual I do not trust the court system here. I have had some real bad experience where I lost despite clear evidence. You can of course appeal, but, when in trouble there comes a point when the money runs out and you lose because you are not wealthy enough.

 

As to the hecklers, they are not important and rather typical for a scewed and corrupt system. Ex bailiff?? what normal individual would take on a job like that?? You must have a basic flaw somewhere to be able to live with yourself, doing nothing else than destroying human life. Normal people look for opportunities to move the society and people forward, to improve yours and others life NOT DESTROYING IT. But then the nazi camp guards who were shovelling bodies in to the crematorium ovens also claimed they were normal people only doing their job. We live in a hopefully free society and have all the options to select what we do even if we cannot always do exactly what we would prefer, hence, bailiff is something you choose to do, why, you choose a way to live and act.

 

To be fair Gk is an ex-bailiff and I have seen some very helpful postings from him in the past , perhaps if you could bury the hatchet , not in one anothers heads , he could provide some very helpful insights .

Once I worked as a clerk for a criminal defence law firm and I did distinguish between the two types of bailiffs , court bailliffs , usually ex-coppers who were in my experience reasonsable people on a wage who had some integrity , especially if you talked to them on the level , i.e if, and it wouldn't have been one of them , had been told about the stat dec they would have gone away.

The ones you have encountered are freelance bully boys on a commission ,car clampers who have taken a course entirely without scruples or morality they are driven by greed , they are not "obeying orders ' they are Fascitic i would agree but they lurk in the grey areas of the law and society . since you have brought up the nazis , I saw the other day 5 million people have died in the congo in a civil war over coltan the mineral used to light up mobile phones , so we are all complicit in our own way .

Now back to the problem , don't get mad get even , the court system worked for me it was quite easy they were blatantly in the wrong and they knew it , bullies are usually cowards

Did you get an incident /crime no. off the coppers , very useful evidence ? p.s It only cost £30 in the small claims court , I got that back with my costs for the work say £9.25 an hour plus phone calls , parking , paper etc. etc.

Edited May 15, 2009 by noddyaccount
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[noddyaccount]

Hi Guys,

 

Today I have had one of those experiences you really do not want to have. At 9.0 o'clock in the morning I received a ''letter'' or notice from Marstons stating that they were coming to enforce the collection of my wifes unpaid traffic penalty. A parking ticket that was incurred by a friend who used the car and parked on a red line incurring a £100.00 fine, now having increased to £612.28. We had already made a statutory declaration about the fine and informed the authority who the driver was and were he lived as well and further requested a screenflash for a cost breakdown, something we never received. We were still waiting for Marstons to reply, why I got really p....d off and phoned the bailiff up to discuss the matter. The discussion got a bit heated and when the bailiff told me he would force his way in I said that ''as you have no right to force your way in to enforce a parking ticket I will blow your effing head off if you try''. Man, one hour later the bailiff turned up with police (3 of them) and knocked on my door. I opened as I did not see the bailiff, only the police and as I opened the door the bailiff stuck his foot in and had got entry. They left 15 minitues ago after some serious verbal exchange, but, to my great dismay I had to pay or the bailiff would have taken goods from my house.

 

The issue is now, why on earth is the police getting involved??? The policemen told me that they were called by the bailiff to ensure the peace and/or arrest me for having said I would blow the poor bailiffs head off, an illegal threat??? However, the police were ok and did not do or say anything wrong, but, it is still scary that they get involved and are used by the bailiff to gain entry, anyone would open the door when they see the police and thereby ensure entry for the bailiff. The way they enforce the entry and the circus around it is outrageous, just imagine to have your house surrounded by police, dogs and ALMOST armed response team for a PARKING TICKET. Something got to be done and I need help to start some form of action against this.

 

Right lets break down the facts;

The fine itself is probably valid , and the council are in their rights to pursue the registered keeper , your wife , for the penalty , that's not fair but that's how they play .You may be able to get it back to the council and appeal it , but if its got to the baillifs thats not easy , and is dependant on some sort of procedural error e.g that you did not receive any previous paperwork . they will want to know why you did not appeal it in time . if you can get your friend to swear an affadavit that he was the driver at the time , might put it into some sort of legal limbo. Alternatively get the fine money from your friend and take on the baillifs for the charges . We could get into a discussion here that parking tickets etc are not legal at all as they breach the fines and forfeitures clause of the 1689 Bill of Rights , but thats another story .

In the meantime make an unemotional note of all that has occurred , keep all paperwork name and phone no. of the bailliff , police report and I will try to dig out my paperwork of how exactly I did it , rgds Jacobus rex

[noddyaccount]

Hi Gamekeepertopoacher,

Great stuff then we are friends and hopefully you will not only be able to help me, but, start something that will reach the level of what is going on re. the politicians expenses. Please read my rely to tomtubby and give me your thoughts. One quick question, is it only l who thinks or is convinced that the dca industry has been ''helped'' by these lords for rent??

Gustavius

 

No me too , Lord Taylor of Bullseye boasted to the undercover Times reporter that he had "helped ' Experian the credit reference agency push through some legislation . Someone should go through the house of lords records , is it Erskine May ' and examine his input in the noble house , if indeed he did push for any specific clauses etc , or exercise any other undue influence . Quite hard to prove , but now his good name has gone , we could make our own minds up .Experian is the private company that monitors our credit on behalf of banks , dcas etc .

[noddyaccount]

Guys,

Please note that today we have some 960 guests viewing this forum and right now one guest looking at this thread. l got to be a bit cautious as to what l reveal if l'm going to take this further. l do not mind if the people involved find out that l'm on this forum, l've passed that stage, but, l do not want to provide the enemy with more ammunition than necessary.

GR

 

Dug out and dusted down what I did to claim back my charges from the Bailliff in a similar overcharged , compelled situation to yours .

Rang the enforcement section manager at Northampton Combined Court Section and district registry of the High Court , helpful-01604 470400 . This took a little bit of seeking out as I think its the Proper part not The Traffic Enforcement centre ,where they print out the warrants .

The lady sent out a N244 form , Application of assessment of fees charged.

 

I filled this in Section c with my witness statement , from my father who happens to be a lawyer of 50 years experience who had telephoned the bailiff on my behalf , and was not impressed with his attitude or his knowledge of the law. He had told me he was getting a locksmith etc etc , charged me £550 odd when the ticket was £189 and he had made one visit to drop in a letter.

I had written to the bailliff to show willing first asking for a breakdown of his costs . I addressed all to the bailliffs company , including the claim as i held them liable for the behavior of the named individual. Surprise Surprise I had no reply .

I sent it off with my cheque for £35.00 plus my reasonable costs for the claim £50 , £9.25/hr plus postage etc . sent all recorded delivery .

 

Got a letter back teeling me it had been referred to The Designated Circuit Judge who has stated;

"The application is for assessment pursuant to Distress for Rent Rules;Rule11 {copy enclosed} to be carried out by a District judge of the County Court of the district where the distress is levied, i.e W88'

Super i then got a letter from the bailliffs offering to pay back all the charges less the fine plus the court fee and costs , if I agreed to inform the court that the matter was settled . I think they were worried lest the bailiff lost his job/license . I took the cheque cannot remember if I remembered to inform the court.

However I did have the baillifs mobile no ,so put an advert in the local paper offering evening man massage , after 9pm promising dirty talk , AM you know who you are , only joking ! that would be wrong !

Perhaps I should have sued the council for setting fraudulent thugs on me , perhaps I will if anyones got an argument i would love it , the irony is I have since got a refund for the ticket as it was issued contrary to the road traffic act 1974 , see Moses v Barnet , now I think about it I should sue the council , Suggestions please !!!!

Edited May 17, 2009 by noddyaccount
Punctuation

[noddyaccount]

Hi Noddy,

 

Many thanks for this. As you can see l've found some other interesting stuff on the net. Recommend you check this one out, it's great and gives you load of info. including things l did'nt even think about. There is under grounds for complaint a heading The Bailiff Defrauded you an item that says ....''charged you a walking possession fee without you signing it. This is surely something worth looking in to. There are further grounds as fraud by overcharging and so on, but, l have to study this package and the actual law in detail to be sure how to proceed.

 

One thig is clear, though, Mr Swatman is in a whole pile of trouble and l shall come down on him, with the help of the law, as a ton of bricks.

GR

 

You are right , excellent site , in your instance did he charge on top for a walking possession agreement as you paid once he was on the premises , he had committed the fraud before he came in your door , now to get your tanks in a row , nemo me impune lacessit !

[noddyaccount]

I made the templates for it.

 

Screw The Bailiff is my nephew and he made the website after getting the bug when on the receiving end of cheating bailiffs. He was entheused how I chased them away and dragged them before then courts, but the entheusiasm didn't last long.

Why may I ask did the entusiasm not last long ?

[noddyaccount]

Hi FP,

 

The police did not only stand by and allowed the bailiff to illegally vedge his foot in the doo, but, actuall demanded or seriously '' requested'' that l let them all. There's a lot more to the story that l now remember after having cooled down, but, the gist is that despite my most streneous resistance and contineous assertions that l would let no one in without a warrant, they gained entry. The police never cautioned the bailiff about his rights and the rules of engagement, but, were more interested in getting the matter over with asap. l did not have a chance, short of resortng to physical restraint and you just do not do that with the police. As a matter of fact l actually thought they sent an armed response team to take me out, despite not being a Brazilian Electrician. The law is clear and has been contravened in so many places that l now will start some major proceedings.

 

l do not know exactly how they train the plod to behave and act in cases like mine, but, as the number of actions involving bailiffs is on a very steep increase l predict that we will eventually have a Brazilian case soon unless something is done. These ''bailiffs'' are mostly private self employed guys working on a no pay no fee basis and will obviously do all and everything they can to make the punter pay, legal or illegal. Again, let me stress that despite my reservations about people who engage in this sort of activities, l am fully aware and appreciate that there are many many good guys too and this goes for the police as well. But, as we all know there's always the rotten apples and unless you sort them out and get rid of them l'm afraid the whole barrel will go to smithereens.

GR

There is on this site the Police Guidelines for bailiffs , so the plod do have them , its not that the police are unaware . However their attitude is probably down to laziness or indifference , a call to a bailliffs dispute is probably not the highlight of their day , and on a human level they probably wanted to sort it and get out , no excuse and worthy of a complaint , there should be a log of the incident at the nick .

[noddyaccount]

I guess he got bored of putting bailiffs infront of the judge. It was a thankless task.

 

He has got my thanks I hope he got paid , the more people like him the better

standing up for the poor and persecuted , look what Heather Brooke the lady who started the F.o.I request in Parliament has achieved . The way things are going we will need more like him , especially if you see the The Courts and administration act waiting in the wings . The weasels have put it on hold , but they had the treacherous gall to draft it in the first place .

 

 

 

]

[noddyaccount]

Hi Noddy,

 

Haven't got a clue about the costs as Marstons refuses to supply me with any form of relevant information, including the cost break down. l am dealing with that now, and it is actually in my favour that they refuse to forward what l am entitled to.

 

Not much of a tank man l'm afraid, was in special airforce engineering most of my time i.e. building temporary air bases and so on, but, did some time in a tank regiment (as an engineer) in another country.

 

As to my latin it's bad but got the gist and for sure no-one is safe but me?? hope you do not refer to the butcher??

GR

 

IT means in scots latin "No-one insults/attacks me with impunity " its often to be found on the edge of £1 coins , and is on the Royal coat of arms of Scotland .

I doubt they will reply , but they could be reading this , so give them 14 days in writing to show willing , also ask for all the money back within the same time frame to avoid further costs .

No to the butcher , only butcher cumberland , see wikipidia

Edited May 18, 2009 by noddyaccount
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[noddyaccount]

Thank you HC,

 

l think l've seen this template and have it downloaded somewhere. Just run out of ink so have to go out and buy.

 

As to the figures, they seem to be about right. The bailiff wil, of course claim that he has attende with vehicles to collect etc. etc., but, as we all know by now that is male cow manure.

 

You do not know how much l appreciate all the help and basis for discussion l receive.

Thank you all so much.

GR

 

In my experience he will not contend anything at all , claim for all the difference between the cost of the fine and the total , he does not deserve a penny , in fact he should be paying you for his fraud and all the others he has done it too !

[noddyaccount]

Site Team,

 

Good morning guys,

 

l am convinved that there is a need to approach the problem with bailiffs and the way they execute their duties in a more co-ordinated way. l would propose that a general site helping those who are in serious difficulty to understand the way the bailiffs operate; what they are allowed to do; and how they can solve their problems. Please let me know how to do this and any assistance would be highly appreciated.

 

GR

 

The problem is the debt collection type bailiffs , hit across all of society , you don't have to be in serious difficulty to get scammed , the baillifs are not prejudiced , they hate rich and poor alike .

An educational site to hit them where their hearts are , in their wallet , would be the most effective check and balance for their actions .

[noddyaccount]

l am currently trying to put together some info. regarding bailiff horror stories. Much is being filed right now, but, we need more! Please, anyone who has a story to tell should file it here and let the rest of us take part.

Thank you all.

GR

 

GR , if you could private message me I have an idea .

[noddyaccount]

More Good News!

 

Got a court order for another parking ticket today! This time it's Merton and l have'nt got a clue where this one comes from. l just cannot recall having received a ticket from Merton ever, but, there you are, l'm guilty as charged.

 

So, l phone up the Merton Parking Services and explain the situation, including the fact, that l cannot recall having had any letters or ticket's. But, being a good citizen, albeit, of another Borough, l have decided to pay up rather than go through all the rubbish already experienced. However, the problem is that l have this broken back or actually crushed vertebra, why, l cannot work. And, to make matters a tad more difficult, my wife is forced to work for the two of us, although we are separated, as l do not recieve a penny in help. Could Merton now be so kind and let me pay this ticket off in a few installments commensurate with my non-existant income? And, what do you all think Merton said????? Well, they said, ''Sorry to hear about your back, but, unfortunately we do not under any circumstances accept payment plans!!!!!!!!!!!!!!!!!!!!!!!''

 

l now asked the lady if they would come back with a bailiff and this time, maybe, take some of the equipment l use to help myself do things, or perhaps carry me off on a stretcher to the slammer. But, the ice cold response was..''if you had paid the ticket at the discounted price it would have been better for you''....???? In all fairness, it was an employee who proberbly had enough of bull s..t a long long time ago, but, to me this is more than disgusting. We elect these a.. h...s and the only thing we get back is being screwed left right and centre. l am seriously ****ed off.

GR

 

If you have not received any parking notifications , you can file a statutory declaration to that effect at any lawyers , cost £5.00 , that should enable you to examine and appeal the ticket , you would receive a notice to owner to do this , ask Merton how to do it or if its gone to Baillifs The Traffic Enforcement Centre Tec , its straightforward , What stage are you at ?

[noddyaccount]

Hi Noddy,

l've got a court order and with it the statutory statement and got a week to file it. Sure l've done it before and the result was as described here in the now 5 pages produced. l'ts for 185 pound with court charges (£5.00).

Of course l can file, have my solicitor, who is also a commissione of oaths, around the corner, but, l'm tired of this and would rather pay them off. The thing is, though, that l cannot get in to my head why l cannot pay this in 2 or 3 installments. l am so ticked off that what l would like to say the the local authorities would surely be construed as very very bad and maybe l would then be the next Brazilian electrician.

GR

 

If you are not aware of the offence why should you pay ? Peace of mind , temporary , suppressed rage follows . By filing the Stat Dec .in good faith , you at least defer payment , and if you find yourself guilty of the alleged offence , at least you would pay only the nto rate £120 I assume ., and not have to deal with the baillifs . I am not condoning dishonesty and I hope you don't mind advice , but if you haven't received your NtO or are not aware of the ticket you are well within your rights .

Sorry to say that in my experience of parking tickets at least 80 , they have never accepted instalments , I know I am a bad man driving round my own city of at least 5 generations , parking here and there for 5 minute periods , overstaying parking meters by minutes . I can remember regulary driving from Ealing to Putney in 15 minutes and I didn't even break any laws . i take it a bit personally as i was driving around minding my own business before parking was 'decriminalised 'in 1991/2 , never once had a ticket off a Traffic Warden , remember them before that .I knew I was being mugged by local govt. despite all their weasel excuses , congestion , pollution right from the off .

Edited May 22, 2009 by noddyaccount
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[noddyaccount]

Used to live or at least have my abode your way and do remember the old traffic warden too. Used to go down to Queen Adelaide and have a pint of Fullers Directors too. Those were the good times when we all enjoyed a simpler, nicer, politer and more understanding life. God l miss it. You are right, l should fight the ticket and save my 60 quid too, so, l may just be encouraged enough by your kind advice and do so. l am still waiting for your proposal??

GR

 

I did reply to your pm , thank you , should be in your email inbox .

[noddyaccount]

Hi Noddy,

 

your private message is lost somewhere and l need to contact you urgently. l will be in contact shortly.

GR

 

No problem Gustavius , contact me a.s.a.p , I sent my message to you as a "reply" to your message , I will have to type it out again if you can't find it , have a look at your original sent mail ? I am here .

[noddyaccount]

According to your post,

 

"A person is guilty of Blackmail if, with a view to gain for himself or Another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief-that he has reasonable gorounds for the demand; and that the use of the menaces is a proper means of reinforcing the demand."

 

You have to remember, the bailiff had a court authorised warrant and was entitled to seize goods and levy charges for doing so. You may find that despicable, but the law is not on your side.

 

I have some experience in these situations and I have to tell you it is profoundly unlikely you will get your money back. Sorry, but if these guys had a valid warrant, there is very little you can do, if anything.

 

I disagree , although you are correct that it is unlikely to get back the money paid on the warrant , the original fine , My experience shows that the difference between the OF and the amount demanded can be successfully demanded back ..If you can show that that amount was fraudulently demanded why not a Criminal prosecution . I believe that if the council can be shown to be responsible for the fraudulent behaviour of their contractors , why not go after them as well for maladministration or some such , here we would need a Lawyers help .

[noddyaccount]

I have just experienced this very same situation from Marstons. Whilst having tea last night at 8pm there was an extremely loud knock on my door, when I opened up I was confronted with two scary SAS style men complete with bullet proof vests, My car had been clampted in the street and their large white van was parked in the middle of the street. I was asked for £501 for a parking ticket that had been £30. I was refused when I asked to read the warrant. One of the men rang a tow truck on his mobile. They had previously knocked on a neighbours door, my neighbours are now out in the street. I rang the police. On the telephone the policeweoman told me not to let them into my house. 4 policemen and one policewoman arrive in the street. I bring 2 officers in the house and the other officers are talking to the bailiffs. Within 2 seconds the bailiffs are in my house demanding I call someone to lend me the money if I didn't have it. I asked the bailiffs to leave and the policewoman tells me to calm down, one of the policemen actually told me I had only 2 choices, pay them or let them take my car. He wasnt sure what was on the warrant cos of biro all over it but said it was a real warrant. I now have 7 people in my house, I was shaking and crying, I paid cash in front of them all and was given a receipt.

Bailiffs and police leave, the parting shot of the bailiff was " they dont call them distress warrants for nothing"

 

I signed nothing only the receipt. I had a massive panic attack when they left, have been to Drs today blood pressure is sky high.

 

THis seems to be a common tactic you let the police in , then the bailiffs follow in through the open door , surely the answer is don't let the plod in , do they have a legal right of entry , can you refuse to answer the door to the police or insist on talking to them outside or through a window , what are your rights ?