JBw - Urgent Help Please

[Debvfm]

Hi All

 

I wondered if someone could give me some urgent advice. Myself and a friend have a joint Motor Trade Insurance policy and we buy and sell cars. My friend was driving his car on Tuesday when he got pulled up at the side of the road by a Police/DSS/Bailiff road block. The JBW bailiff told him that there was outstanding parking fines in the name of the company (would not tell him what vehicles they were for) and said he was seizing his car. My friend disputed this even consulting with the police who said yes its unfair but you have no choice but to pay. Needless to say my friend paid £3100 (for FOUR tickets) and drove away.

 

He has since reported this to his bank and disputed the payment, has anyone any advice on which grounds he can dispute this transaction (under duress etc) and the fact that the fines do not apply to his car.

 

After all the Logbook clearly states that a registered keeper is not necessarily the legal owner.

 

My thanks in advance

[tomtubby]

This is not right at all.

 

This incident would appear to be one of these awful "Roadside operations" where the police assist a bailiff by pulling over a vehicle.

 

I should add that there is NO legal right to do this and I am shocked that such operations are still continuing. The debt is a civil one and can you imagine the public outrage if the police pulled over a vehicle and then introduced the motorist to a representative of Barclaycard or any other creditor who might be owed money !!

 

If the police pulled over the vehicle then at the very least I do hope that they had checked whether the bailiff company had valid warrants of executions !!

 

There are so many questions that needs to be asked it is difficulty to know where to start. Anyway...here goes:

 

Which local authority issued the tickets ?

 

The warrants will have on them the vehicle registration number of the car that was involved in the initial contravention.

 

The warrants have a "life" of just one year. Do you know the date that they were authorised?

 

How was payment made?

 

Was a legally required Notice of Seizure of Goods & Inventory provided (Form 7) ?

 

There is a legal requirement to provide a breakdown of fees. What this provided and if so...please post back with details

 

From the amount paid it would appear that "multiple charges" have been applied. Not permitted.

 

Did the bailiff provide a copy of his bailiffs certificate?

[unclebulgaria67]

This is more a legal question, than related to bailiff actions. The bailiffs in this case, will be acting for a magistrates court, otherwise the Police would not be there.

 

There were obviously fines outstanding against the cars registration number and if you contact your local magistrates court, they will have to provide you with details, if you take the log book down and proof of your indentity. The courts enforcement officer may also be able to obtain all the information related to what the bailiffs have charged.

 

I would do this for now and see what information you find out. The bailiffs should not have taken the payment, without supplying you with details of the offences they related to. As the payments were made under duress without information being supplied, then I think your bank should do a charge back.

[tomtubby]

Sorry Uncle Bulgaria but these are not FINES. Many people call unpaid PCN's FINES but this is wrong. It is simply a figure of speech.

 

Some local authorities have what they call "Roadside Operations" involving the police. I have personally written quite a few complaints about this dreadful practice and when i have time later today I can provide further information.

 

Also, JBW are not one of the 4 enforcement companies under contract with HMCTS to enforce unpaid magistrate court FINES.

[unclebulgaria67]

Sorry Uncle Bulgaria but these are not FINES. Many people call unpaid PCN's FINES but this is wrong. It is simply a figure of speech.

 

Some local authorities have what they call "Roadside Operations" involving the police. I have personally written quite a few complaints about this dreadful practice and when i have time later today I can provide further information.

 

Also, JBW are not one of the 4 enforcement companies under contract with HMCTS to enforce unpaid magistrate court FINES.

 

On what basis are the Police working with bailiffs for civil penalty enforcement ? Sounds a bit dodgy to me.

 

I was presuming that there must have been more than just parking fines involved for the Police to have a road block.

[Debvfm]

Hi

 

My friend paid by debit card, he has disputed the charge with his bank and they will re-credit within 24 hours. The bailiff could not supply my friend with any vehicle registration numbers just warrant numbers (which obviously meant nothing to him) the police said they were merely there to prevent a breach of the peace. Surely this is illegal deceiving people like this. He is unsure what reasons he has to dispute the charge (apart from it being illegal as it would appear to be). Many thanks for your input I have also told him to quote that they are NOT one of the 4 enforcement companies under contract with HMCTS. Many thanks to all

[Debvfm]

Sorry I also forgot to provide answers to the questions. It is the London Borough of Bexley, no paperwork with registrations was given to my friend nor a breakdown of charges Bet the bailiff felt very proud of himself for obtaining payment, not sure he will feel the same when the payment is 'claimed back'.

[brassnecked]

The whole action by JBW was unlawful imho, and a Formal complaint to Bexley Councuil, and the Met Commissioner, stating his officers have facilitated the procurement of payment under duress from a third party to the alleged debt.

 

Jamie waller and his goons need to move their residence to Wormwood Scrubs IMHO

[Debvfm]

The bank are now saying he cannot get the charges back as pin verification is final. The bank don't seem keen to assist their customer. If the payment was taken unlawfully then it is a disputed payment. Apparently pin verfication is final. Surely not if you were deceived/bullied into making the payment.

[tomtubby]

When you have further info would you please post back as this matetr is VERY SERIOUS indeed.

[Debvfm]

Hi what further information do you need? We friend has now called the police to register a complaint and is waiting for a call back from the Duty Sergeant. Thank you

[tomtubby]

The following info would be be a good start:

 

If the police pulled over the vehicle then at the very least I do hope that they had checked whether the bailiff company had valid warrants of executions !!

 

There are so many questions that needs to be asked it is difficulty to know where to start. Anyway...here goes:

 

Which local authority issued the tickets ?

 

The warrants will have on them the vehicle registration number of the car that was involved in the initial contravention.

 

The warrants have a "life" of just one year. Do you know the date that they were authorised?

 

How was payment made?

 

Was a legally required Notice of seizure of Goods & Inventory provided (Form 7) ?

 

There is a legal requirement to provide a breakdown of fees. What this provided and if so...please post back with details

 

From the amount paid it would appear that "multiple charges" have been applied. Not permitted.

 

Did the bailiff provide a copy of his bailiffs certificate?

[Debvfm]

Hi

 

The local authority was London Borough of Bexley.

No vehicle registrations were given.

Payment was made by Debit Card.

He did not produce his certificate (but I have checked with the court and he is registered)

No warrants of execution given.

He did give a notice of seizure.

 

Thanks

[Debvfm]

The police did not seem helpful from what I can gather (hence the complaint) it would appear to me that they 'aided and abetted' the Bailiff in his illegal activities. No registration given regarding the initial offence. The Bailiff said it was allegedly a Peugeot (we have never owned one)

 

Thanks again

[tomtubby]

On the Notice of Seizure did the bailiff provide a breakdown of the fees?

 

If so, please post back with details

[Debvfm]

Yes apparently 5 tickets not four as I stated in my earlier post. But no vehicle details nor where the offences allegedly took place. Thank you

[Debvfm]

Sorry I misread your post yes breaking down for letters, visits (none have taken place) etc.,

[Debvfm]

Funny isn't it (ironic) if you call the police to say a Bailiff is at your house demanding payment (money with menaces) they say its civil, yet the police let this bailiff do the same and acted like they could do nothing.