Help Please! Been arrested for breaking into my own car on my property!

[seanamarts]

Point taken,

But usually it states why the bailiff is there on their letter,on behalf of( insert council,tfl etc)for outstanding council tax/ parking offence/etc.

I think the op needs a good solicitor to look at everything and try to minimise damage more than anything else.

Hopefully we will see when the OP has posted up the notices, however in the meantime, it is best to get advise out as quickly as possible so the OP can act on it.

If the OP was aware, which at this point he has not stated that he was, I can only advise on the assumption that he was not.

If he was aware then we can work on what next to do. One being to determine whether the levy was unlawful or not.

[seanamarts]

If the OP wishes to seek legal advice from a solicitor, then it would be helpful that he went in knowing a little about what can and cannot not be done. Would certainly save some time

[welsh1]

Hopefully we will see when the OP has posted up the notices, however in the meantime, it is best to get advise out as quickly as possible so the OP can act on it.

If the OP was aware, which at this point he has not stated that he was, I can only advise on the assumption that he was not.

If he was aware then we can work on what next to do. One being to determine whether the levy was unlawful or not.

 

I take your point,

Will be interesting to see the paperwork.

[brassnecked]

Will be most interesting. If Op has any customer equipment in the car, and the bailiff fails to list it, well could be woeful for him later, but we will have to wait with interest ro see what's what.

[Fair-Parking]

I don't see the word 'warrant' in the OP's long introduction. Without one then far from not being able to see what the bailiffs did wrong, it is difficult to see what they did right. The description here is 'unlawful' as was the police presence under Section 6 of the Enforcement of Road Traffic Debts Order 1993.

 

Unfortunately such ignorantly joint behaviour between bailiff and police is far too common.

[brassnecked]

I don't see the word 'warrant' in the OP's long introduction. Without one then far from not being able to see what the bailiffs did wrong, it is difficult to see what they did right. The description here is 'unlawful' as was the police presence under Section 6 of the Enforcement of Road Traffic Debts Order 1993.

 

Unfortunately such ignorantly joint behaviour between bailiff and police is far too common.

 

I think it was a Civil decriminalised PCN, and the bailiff utilised the OP's use of a screwdriver to break the car window, as being threatening with a weapon that could be used to "shank" the bailiff so got the police under that pretext, so Section 6 of the Enforcement of Road Traffic Debts Order 1993. was not applicable, as it wasn't a magistrates parking fine per se, and the bailiff was acting for Dorset Council on a civil recovery. but I may be wrong

[Fair-Parking]

No warrant - no enforcement. Indeed no attendance.

 

Further forced entry into to your own car is nobody else's business. My word I could have been arrested a dozen times already as could the AA man who came out one day. At no point did this cease being a civil matter until the bailiff attempted to take the car without a warrant, at which point it may be construed as theft. He had already trespassed but again that is a civil matter.

 

The purpose of a warrant which is a command and not a demand, authorises an officer to act in such way that without the warrant would otherwise be unlawful - such as taking a car. Without the warrant such seizure may be classed as theft as could threatening behaviour by way of saying 'or what?'

[Jamberson]

How do you know whether the bailiff had a warrant?

 

As you said - no warrant, no attendance. All the indications are that he had one - how do you conclude that he "attempted to take the car without a warrant"?

[dx100uk]

urm.........

 

the plot thickens

 

more to this than meets the eye me thinks

 

why start another thread ..on the same debt.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?323873-Bailiff-attempted-to-take-my-car-today

 

dx

[dx100uk]

scrub that

i'll merge the threads here

 

dx

[dx100uk]

and just to clarity

 

this was the same bailiff as post 1 beefore

 

names have been removed by siteteam

 

dx

[Fair-Parking]

What indications might they be?

 

Why would the bailiff show lots of bits of paper that purportedly seem to indicate that the OP had been written to on several occasions but then pointedly fail to produce the one piece of paper that separated him from an illegal act?

 

Take it from me that this charade occurs every day.

[Jamberson]

What indications might they be?

 

Why would the bailiff show lots of bits of paper that purportedly seem to indicate that the OP had been written to on several occasions but then pointedly fail to produce the one piece of paper that separated him from an illegal act?

 

Take it from me that this charade occurs every day.

 

It is possible there is no warrant - although how and why a bailiff would work a case that hadn't been passed to them is a mystery to me. But in any case, a theoretical possibility falls far short of your statement:

 

"At no point did this cease being a civil matter until the bailiff attempted to take the car without a warrant, at which point it may be construed as theft."

 

At least let's find out!

[Fair-Parking]

I get cases like this referred to me every day. I have yet to come across a single instance where a local authority has lawfully issued a warrant.

The bailiffs 'worked'this case because the local authority concerend passed on the personal details of the OP to them. But that is not a warrant.

 

No warrant no enforcement. Taking cars without one is unlawful.

[sparkyuiop]

I get cases like this referred to me every day. I have yet to come across a single instance where a local authority has lawfully issued a warrant.

The bailiffs 'worked'this case because the local authority concerend passed on the personal details of the OP to them. But that is not a warrant.

 

No warrant no enforcement. Taking cars without one is unlawful.

 

What does a warrent look like? I will upload the only paperwork I have from any of this to help clarify things. The baliff showed the police the same paperwork and they accepted it as legal though.

I still can't find my car, have been sent no receipt for it or informed of it's whereabouts. The police only seem interested in charging me for criminal damage and won't verify I called them previously and was told it was a civil matter.

The only solicetor I found to ring me back says in order to get back my goods and contents of my car I have to get the court case number from Sailsbury court then download an N244 form and start a small claim. He advised it would cost me hundrads for him to assist me, there is no legal aid, I got to pay around £50 to start the case off and that it will take months to go to a hearing date.

All that stuff about baliffs not able to take work cars / vans seems to be pretty pointless when it happens as there is no one it seems to enforce it!

May I say though that I really do thank you all for your input and comments. You lot on this website have been 10 times more helpful than everyone else I have spoken to put together.

[sparkyuiop]

I just did a search to see if the bailff that visited me is certified and it seems he is. However the other 2 monkeys he brought with him that were on my proprty are not listed when searching the company name. Is that of any use to me?

Title Forename Surname Court Granted Expires Employer

[EDIT] Salisbury Crown & County Court 12/11/2010 11/11/2012 Empire Enforcement

Edited December 1, 2011 by seanamarts
Removed name

[brassnecked]

I just did a search to see if the bailff that visited me is certified and it seems he is. However the other 2 monkeys he brought with him that were on my proprty are not listed when searching the company name. Is that of any use to me?

Title Forename Surname Court Granted Expires Employer

[EDIT] Salisbury Crown & County Court 12/11/2010 11/11/2012 Empire Enforcement

 

Not too sure but If the bailiff in charge is certified, they others may be able to work under his direction,

Main issue is as Fair Parking indicates, the validity of any warrant. If the warrant is "faulty" in any way, the whole operation would be illegal, and the police's case of criminal damage on the strength of the bailiffs now illegal seizure would fail and could be construed as "Wrongful Arrest and Unlawful Detention" for the time you were under arrest at your home. The police would be liable to pay damages to you if this was the case.

 

Others will know more

[Fair-Parking]

Sometimes it isn't what a warrant looks like which is the important factor but who issued it and when. Local authorities and bailiffs are not above faking them - even in court.

 

Please PM me.