bailiff took my work van and tools.

[hallowitch]

Not grat with parking tickets

 

get on to the council who issued the parking ticket

 

don't let them fob you off with its no longer anything to do with them as its in the hands of the bailiff

this is simply not true the council are responsible for all bailiffs actions

what bailiff company is this

 

no the bailiff cant remove work van and tools as i said the council are responsible for this unlawful action by there employees

when did the bailiff leave you a notice of seizure of goods and inventory listing the van

 

what paperwork did they leave you today

 

when was the pcn issued

how many bailiff visits have you had before this removal

[hallowitch]

The company in question is JBW

 

no surprise there

would this be southwalk council

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/260098-jbw-removed-my-car.html

A bailiff is only allowed to take sufficient goods to cover the outstanding bill and his costs. Total bill £560. Bailiff took £5000 worth of goods.

bailiff will simply state that the car was the only goods available which covers them

[hallowitch]

I checked the my notice of seizure of Goods & Inventory and although in my case it was a van, only the Make, Model, Colour and registration number appear to be on it and not the chassis number.

Does this make it null and void

 

no i don't think it would ( i could be wrong)

 

I have been thinking about the tools in your van (i assume the bailiff didn't allow you time to remove them)

 

1) work tools cant be seized

2) as the tools in the van are not on the levy could this be classed as theft (just a thought but i would think a valid one)

 

have you had a read of this

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part75.htm#IDA1POQ

 

 

as i said don't know much about parking tickets but if i find anything that might help i will post it up for you

Edited May 28, 2010 by hallowitch

[hallowitch]

this was taken post 8 (tomtubby)

 

Where there has been wrongdoing is that the bailiff should NOT have immediately removed the vehicle. Instead, he should have abided by the Court ruling in the matter of Culligan v Marston and left the vehicle for a "reasonable period of time" to allow for payment. Instead, by taking the course of action that he has done he has ENSURED additional payment for his company.

this is what TT is refering to

2. The Fee Regulations provide for a distinction between the levying of distress and removal of goods. There is a gap between the two stages. The purpose of this "gap" is to allow the debtor to make payment of what is due after the first stage.

 

DJ Avent says at paragraph 50 of his Judgement:-

 

"Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure.

 

 

 

====================================================

 

In the Central London county court - Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008

 

Mr Culligan challenged the bailiffs fees & charges imposed by Mr Simkin and Marstons when levying distress and seeking to remove Mr Culigans car for non-payment of a Penalty Charge Notice issued by the London Borough of Camden.

 

The Judgment goes a long way to clarify exactly what a Bailiff can charge for levying distress. Bailiffs have always sought to charge for fixing an immobilisation device by clamping a vehicle, and an attendance to remove. These charges in Anthony Culligan's case were £200 (£100 for the clamp and £100 for attendance to remove). The Bailiffs have argued that the Fee Regulations permit them to make a charge for levying distress (that is 28% on the first £200 demanded, and for removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges). Bailiffs have claimed that the costs of putting on a clamp, etc. are costs to be included in attending to remove where no goods are removed, if payment is made before the vehicle concerned is removed.

 

 

 

 

DJ Avent, after considering Case Law and Statute, has found that the purpose of putting on a clamp is to "impound" the vehicle and is not part of the costs of removal. This is because:-

 

1. The Bailiff's obligation is to secure the vehicle, and the simplest and easiest way to do this is to "immobilise" it so it cannot be driven away. This is effectively the equal of impounding the goods.

 

2. The Fee Regulations provide for a distinction between the levying of distress and removal of goods. There is a gap between the two stages. The purpose of this "gap" is to allow the debtor to make payment of what is due after the first stage.

 

DJ Avent says at paragraph 50 of his Judgment:-

 

"Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure. This being so I cannot see that Form 7 can or should include any costs of removal. Mr. Simkin included on the Form 7 he produced for Mr. Culligan the sum of £100 in respect of the immobilisation device. If, as the Defendants now argue, that was part of the removal expenses, it should never have been included in Form 7".

 

The District Judge went on to find that the application of the clamp falls within the act of levying distress and does not form part of the removal process, whatever the Bailiff's Contract with Camden says.

 

The Bailiff also charged Anthony Culligan £100 for the " reasonable costs " of removing the vehicle (although the vehicle was never actually removed) in that a tow truck was called and actually arrived at Anthony Culligan's home. Because the Bailiff produced no evidence as to how the charge had been arrived at he was unable to show that it was reasonable.

 

The District Judge in his conclusion says:

 

"I am also conscious that my findings in this case ... may have wider consequences and may cause problems for bailiffs because they will not be able to charge for immobilising a vehicle as a separate charge but must include it within the cost of levying distress. To do otherwise would, in my judgment, be unlawful... I would also add that if the Defendant or either of them in the light of this judgment now continued to apply such charges in the manner in which they have done up to now and, specifically, charge fees of £100 for applying an immobilisation device then that would amount to conduct which may well then found a legitimate complaint because in my judgment it would be unlawful....".

 

What this means in effect is that Bailiffs who continue to make unlawful charges may be guilty of misconduct and have their Certificates removed.

 

You should know however that Marstons obtained permission to appeal from the District Judge. His reasons for granting the permission were :

 

"The bailiff was following the practice in force for 15 years. No one has challenged the right to charge for wheelclamping before.

My decision that they cannot do so (at least to the extent that they have charged until now) not only affects the London Borough of Camden but also every Borough with de-criminalised parking.

 

Accordingly, it has significant local and possible National implications and that is a compelling reason why an appeal should be heard"

 

Finally, Camden now as a matter of urgency, need to revise their Contract with Bailiffs such as Marston, to take account of the District Judge's Judgment generally, and in particular to remove the authority to charge a fee for an immobilisation device over and above that provided for in the Statutory Fee Regulations.

 

__________________

[hallowitch]

send tomtubby a PM if you need help she is the best person to help you if you are taking court action against JBW

 

 

 

If you phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355 they will confirm if xxxx has ever been a bailiff with JBW(or if he has ever been certificated as a bailiff) and the dates of his employment with them

[hallowitch]

Just called the Ministry of Justice and they confirmed that the bailiff concerned is registered as a self employed bailiff.

 

 

now you need to get in touch with the council and find out if they allow there contractors JBW to use self employed bailiffs

 

 

a lot of councils have it written into there contract that the bailiff firm cant use self employed bailiffs

 

have you named the council as joint defendants as you should be taking both JBW and the council to court

 

 

can someone advise if the op can send a freedom of information request to the council for a copy of this contract I THINK i have seen tomtubby refer to it as a service Level agreement