Need Urgent Help Please

[NJSUK]

I have just joined this site looking for advice to help me with a situation with a baliff company called Davies Enforcement.

 

I am a single parent and due to suffering from severe post natal depression I have been too sick to work since 2008 so am in receipt of benefit. I am a carer to my daughter who is 20 but has a severe disability and needs 24 hour support. I get the higher rate of DLA and Mobility allowance for her. I have a car for her on the Motability scheme.

 

In November 2008 I had to take her to the local health centre to see a medical professional. On the way to the appointment my daughter behavior was challenging and there was consequently a physical struggle to get her out of the car and into the medical centre. I also had a baby in tow which made things all the more difficult. In the struggle one of the blue badges

got accidentally turned upside down.

 

When I returned to the car I had a penalty notice. I rang the council and explained and thought that would be the end of it.

 

In October 2009 I had a letter from a baliff company about the penalty charge. I explained the situation to the baliff and he was very helpful and explained that I could contact Northampton County Court and make a late statutory application. I emailed the court and they emailed me back the relevant forms which I completed and returned.

 

On 3rd March 2010 I had a visit from a baliff claiming to be from the court but I later found out he was from Davies Enforcement(not the original baliff company). I explained to the baliff that I had made the application.I also explained that I was a single that as I was suffering from a disability and a long term illness that I could not afford to pay the £294.00 they were demanding from my benefit money.

 

On 9th March, 2010 the same baliff from Davies Enforcement returned. I was having a shower when he knocked on the door and answered just wearing a towel as I thought it was my teenage son at the door. The baliff said I had to pay the £294 there and then or he would go and clamp my car. I explained that it was a Motability vehicle and he said that made no difference to him.

 

I felt very scared and vulnerable standing there in my towel and told him I needed time to get dressed. She said so be it but he would clamp the motability car. I tried to plead with him that I had no money and I had been off sick for over 2 years and asked if I could pay in installments. He said that was not possible and if I did not pay in full there and then the motability vehicle would be clamped. I asked him if he was allowed to do that and asked him about the code of conduct. He said he could and did not care that I would have no way of collecting my disabled daughter from school. Having previously been a victim of an serious assault I was shaking with fear and was sick.

 

The baliff then drove onto my private drive which is at the back of my garden and blocked in the motability vehicle. I phoned the local county court and explained the situation as I was confused as to where the baliff had come from as he originally told me he was from the court. They told me that he was definitely not from the court as there baliffs would not behave in that way and suggested I ring the council which I did. I managed to get the name of the baliff company from them and rang there office to complain to be told that they do not accept telephone complaints and that all complaints had to be in writing. the women from Davies Enforcement who answered the phone did confirm with me that it was company policy to clamp Motability vehicles.

 

I ended up having to borrow the money off my retired parents who are pensioners and also in receipt of benefit and paid the baliff. the baliff agreed to let me drive my car only if i was going to borrow money to pay him in full.

 

I have since written to the council to complain and asked them for a copy of the contract they have with baliff companies under the Freedom of Information Act. They have emailed me back to say that they never enter into a written contract with baliff companies. I have written back to them to inform them that I feel this may be unlawful under European Procurement Legislation.

 

I have also written to the Davies Enforcement to complain and have received a reply stating that they have done everything in accordance with the national code of conduct.

 

The consequences of clamping Motability vehicles causes severe hardship to people with disabilities and actually makes them more vulnerable, maximises the affect the disability has on them, and can put them at risk from harm. I do feel that Davies Enforcement policy to proactively clamp Motability vehicles is a violation of human rights.

 

I have read on this site about making a Regulation 4 complaint to the county court. Has anyone had any success with this and is there any advice available on how to go about it.

[RaeUK]

Hi lindajaneuk, please start a new thread of your own and I'm sure you'll get plenty of help and assistance. You can do this by clicking this link:

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

I am now going to sound incredibly rude. Please forgive me...

I have to ask, are you posting a genuine post? The reason I ask is - as you may already suspect - EVERY point you raise is valid and EVERY course of action you detail by bailiff and council are wrong. To a huge degree!

If you are genuine - and please don't think I'm doubting you should that be the case - I would have to confess to being completely and utterly dumbfounded by your treatment.

I look forward to your thread.

Kindest regards.

Rae.

[lets fight bailiffs]

i have asked the site team to start this as a new thread.

 

pure abuse of power, and yes you heve complained to the company now it is time for a form 4 the OP needs to do this without a doubt and it needs to be against the bailiff and the company.

 

I will also come back to this in the morning.

 

Regards

 

LFB

[ukaviator]

New thread started, replies also added to your thread. Councils may not clamp a vehicle properly displaying a valid blue or orange badge. Someone with more experience will be along soon.

[lets fight bailiffs]

Thanks UK,

 

Lindajaneuk, can you please confirm the above from kelcou, because this is awful and ist not that we dont believe you, i think it is more like we cant believe the actions of the bailiff.

 

Can i take this time also to offer as much support on this as needed as this is also close to heart for me, I am sorry you have had to go through this.

 

you can be safe in the knowledge that you will receive lots of support on hear.

 

Regards

 

LFB

[tomtubby]

I have just joined this site looking for advice to help me with a situation with a baliff company called Davies Enforcement.

 

I am a single parent and due to suffering from severe post natal depression I have been too sick to work since 2008 so am in receipt of benefit. I am a carer to my daughter who is 20 but has a severe disability and needs 24 hour support. I get the higher rate of DLA and Mobility allowance for her. I have a car for her on the Motability scheme.

 

In November 2008 I had to take her to the local health centre to see a medical professional. On the way to the appointment my daughter behavior was challenging and there was consequently a physical struggle to get her out of the car and into the medical centre. I also had a baby in tow which made things all the more difficult. In the struggle one of the blue badges

got accidentally turned upside down.

 

When I returned to the car I had a penalty notice. I rang the council and explained and thought that would be the end of it.

 

In October 2009 I had a letter from a baliff company about the penalty charge. I explained the situation to the baliff and he was very helpful and explained that I could contact Northampton County Court and make a late statutory application. I emailed the court and they emailed me back the relevant forms which I completed and returned.

 

On 3rd March 2010 I had a visit from a baliff claiming to be from the court but I later found out he was from Davies Enforcement(not the original baliff company). I explained to the baliff that I had made the application.I also explained that I was a single that as I was suffering from a disability and a long term illness that I could not afford to pay the £294.00 they were demanding from my benefit money.

 

On 9th March, 2010 the same baliff from Davies Enforcement returned. I was having a shower when he knocked on the door and answered just wearing a towel as I thought it was my teenage son at the door. The baliff said I had to pay the £294 there and then or he would go and clamp my car. I explained that it was a Motability vehicle and he said that made no difference to him.

 

I felt very scared and vulnerable standing there in my towel and told him I needed time to get dressed. She said so be it but he would clamp the motability car. I tried to plead with him that I had no money and I had been off sick for over 2 years and asked if I could pay in installments. He said that was not possible and if I did not pay in full there and then the motability vehicle would be clamped. I asked him if he was allowed to do that and asked him about the code of conduct. He said he could and did not care that I would have no way of collecting my disabled daughter from school. Having previously been a victim of an serious assault I was shaking with fear and was sick.

 

The baliff then drove onto my private drive which is at the back of my garden and blocked in the motability vehicle. I phoned the local county court and explained the situation as I was confused as to where the baliff had come from as he originally told me he was from the court. They told me that he was definitely not from the court as there baliffs would not behave in that way and suggested I ring the council which I did. I managed to get the name of the baliff company from them and rang there office to complain to be told that they do not accept telephone complaints and that all complaints had to be in writing. the women from Davies Enforcement who answered the phone did confirm with me that it was company policy to clamp Motability vehicles.

 

I ended up having to borrow the money off my retired parents who are pensioners and also in receipt of benefit and paid the baliff. the baliff agreed to let me drive my car only if i was going to borrow money to pay him in full.

 

I have since written to the council to complain and asked them for a copy of the contract they have with baliff companies under the Freedom of Information Act. They have emailed me back to say that they never enter into a written contract with baliff companies. I have written back to them to inform them that I feel this may be unlawful under European Procurement Legislation.

 

I have also written to the Davies Enforcement to complain and have received a reply stating that they have done everything in accordance with the national code of conduct.

 

The consequences of clamping Motability vehicles causes severe hardship to people with disabilities and actually makes them more vulnerable, maximises the affect the disability has on them, and can put them at risk from harm. I do feel that Davies Enforcement policy to proactively clamp Motability vehicles is a violation of human rights.

 

I have read on this site about making a Regulation 4 complaint to the county court. Has anyone had any success with this and is there any advice available on how to go about it.

 

 

 

I am sorry to hear of this deplorable situation. The vehicle is NOT owned by you it is owned by Motability. The bailiff can only clamp a vehicle that is OWED by you.

 

There is a well known case where a bailiff had his certificate taken from him for clamping a motability vehicle and your council need to have a copy of this as soon as possible and s to do Davies Enforcement.

 

In the first place can I just ask what has happened to the Out of Time Application. Did the Traffic Enforcement Centre receive this?

 

This point is vitally important because when an Out of Time is filed the Civil Procedure Rules specifically state that all enforcement MUST cease until the application has been determinded.

[NJSUK]

Hi lindajaneuk, please start a new thread of your own and I'm sure you'll get plenty of help and assistance. You can do this by clicking this link:

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

I am now going to sound incredibly rude. Please forgive me...

I have to ask, are you posting a genuine post? The reason I ask is - as you may already suspect - EVERY point you raise is valid and EVERY course of action you detail by bailiff and council are wrong. To a huge degree!

If you are genuine - and please don't think I'm doubting you should that be the case - I would have to confess to being completely and utterly dumbfounded by your treatment.

I look forward to your thread.

Kindest regards.

Rae.

 

Yes, I am afraid this is a genuine case and every word is 100% true.

 

I did actually phone the police after the baliff had left and they told me that I should of called them but most people do not know they can. The police said that the baliff had no right to block me from leaving my home.

 

I am able to complain but how many people out there would just sit back and take it as they know no better.

 

Best wishes

 

Linda

[NJSUK]

I am sorry to hear of this deplorable situation. The vehicle is NOT owned by you it is owned by Motability. The bailiff can only clamp a vehicle that is OWED by you.

 

There is a well known case where a bailiff had his certificate taken from him for clamping a motability vehicle and your council need to have a copy of this as soon as possible and s to do Davies Enforcement.

 

In the first place can I just ask what has happened to the Out of Time Application. Did the Traffic Enforcement Centre receive this?

 

This point is vitally important because when an Out of Time is filed the Civil Procedure Rules specifically state that all enforcement MUST cease until the application has been determinded.

 

I sent the Out of Time declaration to Northampton Court but it would appear they did not receive it. I did not send it recorded delivery but I do have a copy and also the email correspondence between the court and myself where they mailed me the documents to complete.

 

I did ring Davies Enforcement and asked if they were allowed to clamp Motability vehicles. They said they were allowed and did.

 

I emailed the council to ask them if the policy to clamp Motability vehicles was ethical and questioned whether they were acting unlawfully as such actions could only be deemed as discrimination of people with disabilities. I did threaten to report them to the Equalities and Human Rights Commission.

 

I also said that for a local authority to have a provider of services whose complaints procedure did not lend itself to the whole community was discrimination. There are many people who would not be able to compose a satisfactory written complaint. The policy to only accept written complaints also fails to provide a safety net for defendants should a baliff be acting unlawfully or inappropriately.

 

Best wishes

 

Linda

 

I did ask them under the Freedom of Information Act if whether Davies Enforcement had sought their permission to clamp the Motability vehicle. They emailed me back to say that they did not have a contract with baliff companies and if I had a complaint it had to be with Davies Enforcement and not them.

[Laura Cooke]

I`d write to your MP mine is very helpful or your local councillor especially with an election coming up they should go out their way to assist it`s a disgrace what this company have done

[RaeUK]

Hi lindajaneuk, thankyou so much for the clarification.

I am truly appalled by your treatment. I've only just got back online so, if you'll bear with me, I'm going to read your thread all the way through a couple of times and then - if you would like - post a template letter for you. And probably a long list of places to complain to. Hope your stationary budget is ok!

Take care hunni, I'm sure you'll get plenty of help and support.

Best wishes.

Rae.

[NJSUK]

Hi lindajaneuk, thankyou so much for the clarification.

I am truly appalled by your treatment. I've only just got back online so, if you'll bear with me, I'm going to read your thread all the way through a couple of times and then - if you would like - post a template letter for you. And probably a long list of places to complain to. Hope your stationary budget is ok!

Take care hunni, I'm sure you'll get plenty of help and support.

Best wishes.

Rae.

 

Hi Rae

 

Thank you so much, that would be wonderful.

 

Best wishes

 

Linda

[RaeUK]

Hi lindajaneuk,

The first thing to give you is the relevant section of the National Standards for Enforcement Agents. I am interested to see Davies Enforcement have confirmed to you - in writing I presume - that it is company policy to clamp motability vehicles. This is the same company whose website boasts 'professional and ethical' debt collection! They are members of the Association of Civil Enforcement Agencies. This organisations Code of Conduct is, for all extents and purposes, a carbon copy of the National Standards...

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

The Standards apply to the household. If only you were considerably older and miraculously pregnant, you would have all but ticked every box! How on earth these tinpot wannabe bailiffs can think otherwise flies in the face of absolute common sense and compassion.

 

I appreciate you have already written to the bailiffs and the council but it will be worth doing again as they both need to be educated. I'll post again shortly.

 

Best wishes

Rae.

Edited March 21, 2010 by RaeUK
type o

[tomtubby]

I sent the Out of Time declaration to Northampton Court but it would appear they did not receive it. I did not send it recorded delivery but I do have a copy and also the email correspondence between the court and myself where they mailed me the documents to complete.

 

I did ring Davies Enforcement and asked if they were allowed to clamp Motability vehicles. They said they were allowed and did.

 

I emailed the council to ask them if the policy to clamp Motability vehicles was ethical and questioned whether they were acting unlawfully as such actions could only be deemed as discrimination of people with disabilities. I did threaten to report them to the Equalities and Human Rights Commission.

 

I also said that for a local authority to have a provider of services whose complaints procedure did not lend itself to the whole community was discrimination. There are many people who would not be able to compose a satisfactory written complaint. The policy to only accept written complaints also fails to provide a safety net for defendants should a baliff be acting unlawfully or inappropriately.

 

Best wishes

 

Linda

 

I did ask them under the Freedom of Information Act if whether Davies Enforcement had sought their permission to clamp the Motability vehicle. They emailed me back to say that they did not have a contract with baliff companies and if I had a complaint it had to be with Davies Enforcement and not them.

 

You need to ensure that you resend the Out of Time Declaration. This can be done even though you have paid the bailiff. If the application is refused, please post... back but in any event, you should appeal any refusal.

 

You need to WRITE back to the council and you should mark your letter as a FORMAL COMPLAINT and it should be addressed to the CHIEF EXECUTIVE. By doing this, your letter will be officially logged as a Complaint.

 

Whilst writing, you need to address the matter of the lack of a Contract with Davies Enforcement and you should ask them to confirm whether they have a Service Level Agreement (SLA) and if so, when was it signed.

 

This matter most certainly warrants a Formal Complaint.

Edited March 21, 2010 by tomtubby

[NJSUK]

Hi lindajaneuk,

The first thing to give you is the relevant section of the National Standards for Enforcement Agents. I am interested to see Davies Enforcement have confirmed to you - in writing I presume - that it is company policy to clamp motability vehicles. This is the same company whose website boasts 'professional and ethical' debt collection! They are members of the Association of Civil Enforcement Agencies. This organisations Code of Conduct is, for all extents and purposes, a carbon copy of the National Standards...

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

The Standards apply to the household. If only you were considerably older and miraculously pregnant, you would have all but ticked every box! How on earth these tinpot wannabe bailiffs can think otherwise flies in the face of absolute common sense and compassion.

 

I appreciate you have already written to the bailiffs and the council but it will be worth doing again as they both need to be educated. I'll post again shortly.

 

Best wishes

Rae.

 

 

Hi Rae

 

Thank you for that.

 

I do not have it in writing that it is Davies Enforcement's policy to clamp Motability cars but the both the baliff and his office confirmed this verbally. I even wrote to both the council and Davies Enforcement quoting what I had been told and complained about the ethics of this policy and they choose to ignore this.

 

When I rang the police they did tell me that it was not against the law and them baliffs would even clamp a wheelchair but it was unusual for council instructed baliffs to act so aggressively.

 

Clearly the code of Conduct does not work, the policies and procedures used by Davies Enforcement are not understood by their management or staff. As the council have choose not monitor the quality of services being offered by Davies Enforcement they have a free reign to act as they please. As Davies Enforcement will only accept written complaints the true number of people with genuine grievances about baliff behavior outside the code of conduct will never be known. Many people who could be classed vulnerable under the code of conduct would not for various reasons be able to put their complaint in writing.

 

Its interesting that the council do not feel they have a contract with Davies Enforcement. Surely asking for them to act on their behalf constitutes a contract.

 

I have emailed the council again tonight asking them if after the first baliff visit to me by Davies Enforcement if they were contacted for further instructions. I did ask for this information last week under the Freedom of Information Act but this was ignored. I have asked again tonight and also quoted The Data Protection Act. I have also asked the council for a breakdown of the number of cases referred to each baliff company. The council are in breach of procurement legislation if Davies Enforcement have received more than £20K worth of business (gross) in any financial year. The mark up on my PCN was over £200 so they would only need to do another 99 of these in one year to be over the threshold.

 

Thanks so much. Really appreciate your support.

 

Best wishes

 

Linda

[RaeUK]

Hi lindajaneuk,

I do think this is very interesting. (By the way, any advice I give is as well as anything others will do so, it's to run in tandem).

Apart from the fact it's a motability vehicle and therefore does not belong to you, I think you will find that Davies Enforcement - if they do continue this policy - are in fact leaving themselves wide open to prosecution under the Disability Discrimination Act. I haven't really been involved with the DDA since it's early days but will read up and confirm my assertion.

I'm writing a Formal Complaint for you to the CEO of the relevant council. I have noted Tomtubbys comments and will include them. It will be posted here tonight - I'm a night owl and also work slowly - and then I would be amused to write a letter of complaint to the bailiff company.

You do not have to use these letters but you will get a good idea of the thrust of my arguments.

Best wishes.

Rae.

Edited March 21, 2010 by RaeUK
finger initiated keyboard malfunction.

[NJSUK]

Hi lindajaneuk,

I do think this is very interesting. (By the way, any advice I give is as well as anything others will do so, it's to run in tandem).

Apart from the fact it's a motability vehicle and therefore does not belong to you, I think you will find that Davies Enforcement - if they do continue this policy - are in fact leaving themselves wide open to prosecution under the Disability Discrimination Act. I haven't really been involved with the DDA since it's early days but will read up and confirm my assertion.

I'm writing a Formal Complaint for you to the CEO of the relevant council. I have noted Tomtubbys comments and will include them. It will be posted here tonight - I'm a night owl and also work slowly - and then I would be amused to write a letter of complaint to the bailiff company.

You do not have to use these letters but you will get a good idea of the thrust of my arguments.

Best wishes.

Rae.

 

 

Wonderful. Thank you Rae

 

Best wishes

 

Linda

[ploddertom]

To enforce your action with the Council you should also contact your local Councillor(s) to make them aware of this situation. Usually I would say just go with the one that offers most support but in this case would contact each representative of your Ward. If you have one that is totally disinterested then I'm sure the Leader of his Party on the Council would be more than interested. To make more aware in the locality you do have the local Press who I think would be very interested.

 

PT

[pompeyfaith]

After the article in the news of the world today I would also contact them im sure they would be very interested

 

The ugly truth about Britain's bailiff industry. | News Of The World

[NJSUK]

To enforce your action with the Council you should also contact your local Councillor(s) to make them aware of this situation. Usually I would say just go with the one that offers most support but in this case would contact each representative of your Ward. If you have one that is totally disinterested then I'm sure the Leader of his Party on the Council would be more than interested. To make more aware in the locality you do have the local Press who I think would be very interested.

 

PT

 

Thank you Tom. I did tell the baliff when I paid him that his actions were unethical and I was going to complain about him and report the matter to the press.

 

I did in fact email the local press office and they were very interested in the case. I never followed up on the press thing as I felt too unwell to cope with further stress and also wanted to see what the council and Davies Enforcement response would be. I did consider that if I could evidence that it was the council's policy that discriminated against people with disabilities and there contempt of procurement legislation the press even the national press would be more interested. The advantage of that would be to heighten the profile of the outrageous behavior of baliff companies such as Davies Enforcement and to give vulnerable people an understanding of their rights.

 

My daughter has Downs Syndrome with severe learning difficulties. Eventually she would like to move into supported housing. Its scary to think how she would cope if confronted by a baliff from Davies Enforcement. She would not understand what is being said to her but I am not so sure the baliff would not take this into consideration or make reasonable accommodations for her.

 

My MP is actually very good and has helped me with other matters. I did not think they got involved with such cases, I obviously thought wrong.

 

I do believe one of my neighbours is

the local counsellor . I will investigate further.

 

Thank you so much.

 

Best Wishes

 

Linda

[RaeUK]

Hi hunni, finally got there. Here is a letter which may - or may not - be of interest. I will be honest and say it is written as I would write it. You may have a different style. Feel free to use it, to ignore it, to amend it or whatever. I hope it is usefull but don't mind if it's not - you seem to have a good positive attitude to what needs doing already!

 

[Your Name & Address]

 

[Council & Address]

 

 

FORMAL COMPLAINT

 

Dear Sir / Madam,

 

Ref: [Parking Charge Reference]

 

I am writing to make a formal complaint regarding your collecting contractor Davies Enforcement.

 

On [Day & Date] at [Time if recalled] I had occasion to take my severely disabled daughter to my local Medical Centre for treatment. Whilst assisting her from the car my [blue badge / time dial insert as appropriate] inadvertently became overturned. I failed to notice this and was issued with a ticket.

 

Although I ensured I notified your council and, subsequently, the appropriate Court of what had occurred I was still subjected to a visit by your contractor. On [Day and Date] at [Time if recalled] an Enforcement Agent called at my home. I explained that I was disabled, living on benefits, looking after a severely disabled daughter and a single parent therefore could not meet his demand of full payment there and then. He chose to ignore this information.

 

I am sure you are fully conversant with the National Standards for Enforcement Agents. You are, no doubt, aware of what they state with regard to the vulnerable. For your convenience I have copied in the relevant section of the document:

 

Vulnerable situations

· Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

· Those who might be potentially vulnerable include:

 

• 
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English.
    

   

 

I am sure you will acknowledge that the vulnerable category is there for good cause. Because the unemployed, the seriously ill, the disabled and those who have trouble understanding are adversely affected by the additional stress a bailiff can bring to a situation.

 

Your representative then threatened to clamp the car that I use to transport my daughter to her medical appointments. This is a vehicle provided under the Motability scheme. I am sure you are aware that a) this means the car is not owned by me but by Motability and b) you are wilfully removing a service to the disabled in order to give equality of life.

 

Your contractor then proceeded to block the vehicle in my drive with his van. Effectively holding me and my family hostage in order to gain his fees and your disputed fine. I was placed in a situation of complete distress and concern for my daughter. I felt I had no option other than to borrow the sum demanded from my elderly parents. This I reluctantly did.

 

In retrospect, I find the bailiffs actions shocking and more so because your authority gives them supported licence to behave in this manner.

I would like to complain in the strongest manner possible with regard to your authorities cavalier attitude to the disabled. From my limited interaction with your council and your collecting contractor, Davies Enforcement, it is clear neither hold any regard for the National Standards for Enforcement Agents or for the Association of Civil Enforcement Agencies Code of Conduct which your representatives claim to adhere to.

 

[Edit: this paragraph is not in the attached file. My error]. In recent communications with your Authority, it transpired that you do not appear to have a physical contract with Davies Enforcement. Could you please either confirm this is the case or provide a copy forthwith. Likewise, I would also request sight of the Service Level Agreement you should hold on file and when it was actually signed.

 

I formally request that you take this opportunity to clean up your authority and bring into being a consistent and caring policy towards the disabled in hardship. I further request that you take immediate steps to ensure that both your collecting agencies and your own in-house staff are trained to professional standards with due regard to the National Standards for Enforcement Agents.

 

[if it was the time dial that was overturned – I can’t see how the badge itself makes any odds as to which way up it is, feel free to insert this paragraph] I also request that your parking attendants are retrained with a view to common sense. It is clear that a blue badge holder is entitled to 3 hours maximum parking. If the dial is inadvertently turned around, it is not beyond the remit of human ingenuity to calculate three hours from the point of initial observation. It is highly unlikely that a medical appointment will take this length of time which indicates your authority is simply attempting to maximize income at the expense of those who can least contribute.

 

[i can’t resist this bit and don’t advocate including it] Did your authority, perchance, invest in Iceland?

 

I look forward to your prompt reply detailing the steps you propose to take in order to ensure no other disabled person suffers at the hands of your representatives.

 

Yours sincerely

 

 

Annoyed of Tunbridge Wells.

 

.......................

 

If you wish to use it - or an amended version - then email to the local authority follow up with hard copy by signed for.

Next would be a letter of complaint to the bailiff company but I'd like to refresh myself on the DDA before that.

I would also contact Motability. What are their views of their cars being impounded by bailiffs? Not supportive I'm sure.

As PT says, rope in your councillor but I'd hang fire a wee while on my MP until I've built up my case further. Then get him / her involved.

If you don't mind the publicity, local / national press can be brought in in the near future.

 

Best wishes.

Rae.

Edited March 22, 2010 by RaeUK
dooby doo.

[RaeUK]

I should have also pointed out that some formatting always gets lost in copying to posts. The pretty version is at the MS Word link attached...

Rae.

vulnerable - CEO council complaint 8.doc

[thewakers7]

the press point sounds a very good idea, good 'ole marstons were in the news of the world yesterday highlighting bailiffs and a little snippet quote from tomtubby, maybe news of the world would like to do a few expose's(thinks thats how you spell it) on many stories like yours these bully boy tactics need to be stopped

[tomtubby]

the press point sounds a very good idea, good 'ole marstons were in the news of the world yesterday highlighting bailiffs and a little snippet quote from tomtubby, maybe news of the world would like to do a few expose's(thinks thats how you spell it) on many stories like yours these bully boy tactics need to be stopped

 

It is always the case that a complaints should FIRST be made to the bailiff and to the Local Authority. With the local authority the complaint as I have said MANY TIMES should be sent to the Chief Executive and marked FORMAL COMPLAINT.

Edited March 23, 2010 by tomtubby

[NJSUK]

Dearest Rae

 

I will get that off today. Thank you so much for all your time and support.

 

Best wishes

 

Linda

[seanamarts]

Dearest Rae

 

I will get that off today. Thank you so much for all your time and support.

 

Best wishes

 

Linda

Please keep us updated of the outcome,