Bailiff powers

[535boy]

Hi all,

what are the powers of a bailiff in situation like this.

 

My neighbour got clamped yesterday by a jbw bailiff ,

she acknowledged that she knew of the matter and had appealed to the council,

 

i spoke to the bailiff and she called the council who said they havent had any coorospondece,

after failed attempts to come to any matual understanding

 

the bailiff called a tow truck and my neighbour sat in the car

 

.the police came and said they have no powers to remove her of the vehicle and told they bailiff not to pull her out etc.

 

.. The bailiff said he can use resonable force as he has seized the goods but the police were not to sure and left...

 

Am i right in saying once your car gets clamped sit in it and bailiff or police has no powers to get you out?

[padja]

what was the debt over?

[i hate bailiffs]

It makes a change the police not assisting the bailiffs glad there is still decent police about as they should only ever prevent a breach of the peace

 

it will depend on the debt and amount owing in relation to the value of vehicle

[535boy]

It makes a change the police not assisting the bailiffs glad there is still decent police about as they should only ever prevent a breach of the peace

 

it will depend on the debt and amount owing in relation to the value of vehicle

 

Congestion charge

[tomtubby]

535boy

 

Before responding can you post back to let us know whether payment was made or whether the car was taken. At the moment, we merely have a half story.

 

Also, as this is a congestion charge PCN it woukd assist VERY much indeed if you could post back with details of the fees being charged.

[535boy]

I dont know about fees as it wasnt me but my neighbour,yes payment was made including truck fees.

All i was intrested in was my question forfuture refrence,,incase i get clamped shall i just sit in car or has bailiff got power to remove me it

[tomtubby]

Bailiff cannot take you if you sit in the car.

 

If you are able to, it would be very useful to know what fees have been charged. Did a "tow truck" actally arrive or was it just "threatened"

[535boy]

Truck was there thats why he called police.

[lamma]

I believe, but am not certain, that congestion charge warrants are the same as PCN 'warrants'. In the case of PCN 'warrants' the bailiff although being a certified court bailiff is merely acting as a private bailiff and thus the latter defines his legal status when clamping. Hence he has no powers at all. The police understanding this is a different matter.

[tomtubby]

Congestion charges have the same legal standing as all local authority issued PCN's. They are merely CIVIL debts that can be enforced by private sector bailiffs.

[lamma]

Thank you, I now have certainty.

[tomtubby]

It would be interesting to know whether the bailiff has charged the correct fees?

[lamma]

Always, the chances are extremely slim.

[brassnecked]

As it is JBW it's odds on OP can challenge the fees. and threaten JBW and their emplloyer the council with small claims track or recovery. Now that would be nice a bailiff calling on Jamie Waller.