bailiff took keys and v5 out of car and will be back tmrw - HELP ASAP please

[djwillyk]

had a day off from it all today to recharge, on to the council again in the morning to get keys back as police dont want to know

[BRIGADIER2JCS]

had a day off from it all today to recharge, on to the council again in the morning to get keys back as police dont want to know

 

Hi, Did the police give a reason for no interest, a document

and keys have been stolen, this now needs the intervention

of a senior officer.

[djwillyk]

they just said he is not perminantly depriving us of them? i dont get it either but i did email top bod at police station to get no reply

[BRIGADIER2JCS]

they just said he is not perminantly depriving us of them? i dont get it either but i did email top bod at police station to get no reply

Try the chief constable office with a formal complaint.

 

 

[djwillyk]

ok bit scared as they seem to be getting enoyed with me keep contacting but i suppose thats what they get paid for.

[brassnecked]

ok bit scared as they seem to be getting enoyed with me keep contacting but i suppose thats what they get paid for.

 

Once TEC set aside, all enforcement ceases, any money paid to bailiff has to be refunded, by LA, s bailiff doesn't get paid so that is why he is messing you around

[djwillyk]

yuk, got a letter of newlyn today about my complaint, to cut a long story short it says they interviewed bailiff and hes given them a story like he is bailiff of the year. The also said everything ive said is "completly fictitios". It also says im lcuky he hasnt gone to the police with the damage to the clamp (what damage) looks like they dont give a whistle about my side of the story and what hes said is gospel. He said we handed over the keys and logbook (yea right) and said he didnt threaten to smash window but said the police will be called (he never said that)

 

Looks like newlyn take care of there own and no full well what they get up too.

[ploddertom]

Did you expect a different result?

 

PT

[seanamarts]

do we have any updates on this one

[djwillyk]

Sorry been moving home just settling in, i have had a letter from the court saying the council are not accepting my oot stat dec as they sent a few letters first class but i have not herd anything since? Also not got keys or v5 back. Currently have another problem of getting a court letter saying i have a £3000 + fine due to me being summoned 5 times for no insurance???? i never even got pulled over let alone drove without insurance so somthing has gone wrong there.

[seanamarts]

if you can afford to pay the pcn only, i would pay it straight to the council using their on line payment facility. I would then email the parking service's manager and state that this is what you have done.

 

if you cannot do this then i would still write/email the manager of the parking services, explain your situation..

 

It may help to have a word with your mp.

[old bill]

Go to your local police station and tell them you want to make a Statement of Complaint against this bailiff. This forces the police to investigate. If you have an independent witness to him threatening to damage your car, as well as yourself, he can be arrested without warrant for Threats to Cause Criminal Damage (Section 2, Criminal Damage Act 1971). It's a pity you didn't call the police when he kicked off, as they could have arrested him under the Public Order Act 1986 if they had arrived and he had continued with his behaviour. From what you've said about your local police force, they sound as if they've dealt with goons like the bailiff you mention before.

[seanamarts]

Go to your local police station and tell them you want to make a Statement of Complaint against this bailiff. This forces the police to investigate. If you have an independent witness to him threatening to damage your car, as well as yourself, he can be arrested without warrant for Threats to Cause Criminal Damage (Section 2, Criminal Damage Act 1971). It's a pity you didn't call the police when he kicked off, as they could have arrested him under the Public Order Act 1986 if they had arrived and he had continued with his behaviour. From what you've said about your local police force, they sound as if they've dealt with goons like the bailiff you mention before.

 

trouble is many police forces wont involve themselves and will often side with the bailiff, we see this happen so many times.

[old bill]

Yes, I am aware of this and the reason this happens is because police officers receive little or no training in what bailiffs can and cannot do. I think what it is that throws a lot of younger officers is when bailiffs use the words "officer of the court". The simple fact is, bailiff disputes are only civil matters so long as the bailiff stays within the law. The moment they cross the line between legal compliance and non-compliance, they cease to become an "officer of the court", the warrant becomes invalid, their bond is at risk of forfeiture and they are at risk of arrest, charge and prosecution.

 

When I was in the police force, we were told not to get involved in disputes involving bailiffs unless criminal offences were being committed by the bailiff or the debtor. We had to be at evictions because some bailiffs were, how can I put it, a little too over-enthusiastic in removing occupants from properties. One eviction I attended, a bailiff pushed an evictee so hard, the evictee fell and cracked their head open on the pavement. We had no choice but to arrest the bailiff for assault because excessive force was used.

 

I have heard a rumour that ACPO have been cosying up to the organisations that represent bailiff and HCEO companies, but in the light of the News International scandal, that relationship may well be reviewed.

 

There is nothing to prevent a debtor seeking an ex parte order under Section 3, Protection from Harassment Act 1997 against a bailiff and bailiff company that is engaged in unlawful/illegal conduct against them. This has the effect of preventing the creditor from using them anymore and if the order is worded correctly, it will force the creditor to monitor the conduct of any bailiff/bailiff company they employ, as Section 7 of the Act states that any person who aids, abets, counsels or procures another or others to engage in a course of conduct amounting to harassment shall be regarded as committing an offence of harassment themselves.

 

Additionally, there is nothing to prevent any individual posting up an e-petition to put a stop to the current situation and force police forces to crack down on bent bailiffs.

Edited March 21, 2012 by old bill

[seanamarts]

thanks for that Old Bill.

I have to say that it is such a hard fight to get a bailiff arrested for an offence like an assault, reason being the bailiff lies and the police tend to believe them unless there is solid proof for example a credible witness or the police saw it happen.

We are hoping that this will soon stop, there is just no need for aggressive, lying bailiffs, with ego's as big as mountains.

 

not all are like that though, just the majority

I hope you stick around, you could be useful

[old bill]

I'm going to set up an e-petition to make the Home Office force chief constables to crack down on certificated bailiffs and HCEOs who cross the line between legal compliance and non-compliance. I've just set up one to force the DfT to return DVLA VEL and insurance enforcement to the DVLA's own staff and not farmed-out to firms like VEAS who are going around clamping and seizing vehicles in contravention of the applicable legislation and statutory instruments.

[old bill]

Okay. E-petition has been set up and is subject to checking. Look in 7 days time. Title of E-petition is "Police to treat misconduct by bailiffs as crime and not civil matters", but I have included HCEOs in the reason for the petition.

[seanamarts]

PM me the link and i will discuss having it on the forum with the other site team

[brassnecked]

Okay. E-petition has been set up and is subject to checking. Look in 7 days time. Title of E-petition is "Police to treat misconduct by bailiffs as crime and not civil matters", but I have included HCEOs in the reason for the petition.

Excellent old bill, could you sort out posting a link to the petition once it is live with the site team, I'm sure there would be a good response:-)