Right of access by bailiff on speeding fine visit

[DismayedAtItAll]

To access our house you need to go approximately a quarter of a mile up a private road (not owned by us). I have heard a phrase "implied right of access" been mentioned a few times recently. Could I remove this and inform that any attempt to visit my house would result in "trespass" on the owner of the roads land ? OR if i were to leave a vehicle on this land would it be illegal for them to access the vehicle as it would result in trespass also ?

[SabreSheep]

Im assuming you are expecting a baliff visit.

 

Knowing the full situation will help you get the advice thats applicable.

 

BUT seeing as it is not your land, im guessing you do not have the right to restrict the implied right of access on that road. That would be down to the land owner.

[DismayedAtItAll]

Hi, Yes and No to the visit.. Speeding fine that I was unaware of as I had moved..I got letter today which will be responding to Monday morning. I was just wondering in respect to IF it came to it could they basically trespass on someone else's property to access mine, and the situation regarding levying on a car that was parked on someone else's land.

[unclebulgaria67]

Enforcement Agents can come onto private land and they can clamp or take any vehicle owned by the debtor. They cannot use any force in entering any private land, so if there was a secured gate that stopped their entry they could not enter. For example there are private estates around the country, which you can only access, if you have the relevant code/key to the gate.

[unclebulgaria67]

Here is a thread with more information.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?427082-Taking-Control-of-Goods-Regulations-2013-and-the-legal-position-regarding-quot-clamping-quot-of-a-vehicle.

[DismayedAtItAll]

A little confused. This but seems to state that if i were to leave the car in the field next door which is owned by the farmer then they could not clamp or remove it ? Or am i reading it wrong

 

However, for the avoidance of doubt, an enforcment agent may NOT take control of a vehicle in either a public or a private car park (which includes supermarkets, large shopping outlets etc), unadopted roads or other land that is owned by private individuals (such as a neighbours or relatives driveway).

[unclebulgaria67]

A little confused. This but seems to state that if i were to leave the car in the field next door which is owned by the farmer then they could not clamp or remove it ? Or am i reading it wrong

 

However, for the avoidance of doubt, an enforcment agent may NOT take control of a vehicle in either a public or a private car park (which includes supermarkets, large shopping outlets etc), unadopted roads or other land that is owned by private individuals (such as a neighbours or relatives driveway).

 

These are the new rules, so if you put your vehicle on someone elses private land, an EA could not clamp or take the vehicle. I guess it makes sense, because if an EA stuck a clamp on your vehicle on someones land, it would be an act that would cause inconvenence or a possible loss to a third party. e.g your clamped car, might stop the farmer next door being able to use his tractor. a clamped car in a Supermarket car park would cause a loss to the Supermarket, as they have one less space for customers.

 

The regulation clearly provide that a vehicle may be clamped at:

 

The debtor's home

 

The debtor's place of business or:

 

On the 'Highway'.

 

However, for the avoidance of doubt, an enforcment agent may NOT take control of a vehicle in either a public or a private car park (which includes supermarkets, large shopping outlets etc), unadopted roads or other land that is owned by private individuals (such as a neighbours or relatives driveway).

[i hate bailiffs]

As much as I hate bailiffs or enforcement agents............

 

This is a speeding fine?

It will never go away

If you are in financial hardship you would do better to contact the court that delt with it

 

The bailiffs/enforcement agents tend to keep pressure on for these sort of things

Forget implied of rights rubbish

Tackle it head on is the only way

[DismayedAtItAll]

TY ihatebaliffs, its been dealt with in due course, as sated I didnt even know I had it lol... I was just posting the question really as was interested to see where the land lay in these particular circumstances.

[unclebulgaria67]

TY ihatebaliffs, its been dealt with in due course, as sated I didnt even know I had it lol... I was just posting the question really as was interested to see where the land lay in these particular circumstances.

 

If you had not receive any further steps notice from the court, you might be able to attend the Magistrate to make a statutory declaration stating this. It this was accepted, it would be a case of just making arrangements to pay the fine and there would be no bailiff fees due.

[dx100uk]

moved to the bailiff forum

 

dx

[lookinforinfo]

You would have had to receive a letter from the bailiffs giving you 7 days clear notice of their intention to visit you to collect on the PCN

if you don't contact them in the meantime to resolve the matter. Have you received their letter?

[tomtubby]

I was just posting the question really as was interested to see where the land lay in these particular circumstances.

 

.

The notices that you refer to have "done the rounds" with bailiff companies and are universally IGNORED by every single enforcement company. It would be best for you to have a read of the following thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from

 

If you have received a letter it is so important to contact the company to make a payment proposal. In that way you will avoid a personal visit and additional fee of £235 being added.

 

Posting a NOROIRA outside of your house will be as comical as having a England world cup flag displayed.

[Conniff]

.

 

Posting a NOROIRA outside of your house will be as comical as having a England world cup flag displayed.

 

 

That has to be the best comparison I think I have ever seen, brilliant.

[i hate bailiffs]

:rofl:

[unclebulgaria67]

.

 

Posting a NOROIRA outside of your house will be as comical as having a England world cup flag displayed.

 

A new career in stand up awaits. Your first gig could be in a club near Crawley or Dubai. I am sure JB would buy a ticket !

[seanamarts]

TT made a funny

[tomtubby]

 

A new career in stand up awaits. Your first gig could be in a club near Crawley or Dubai. I am sure JB would buy a ticket !

 

 

You must be kicking !!!

 

After reading the following comment from him two days ago on his forum I would fear for my life:

 

"Last year I had a client, very wealthy who hired me as a hit man to bust up an enforcement agent' creditor from HCE group, which I did"

 

PS: The above quote from him can be read on his forum in post number 4 under the thread entitled: "FMOTL - NORIROA" in the "Useful Information " section.

[seanamarts]

Hit man fat man perhaps, oh the pain of laughing. Now that is comedy

 

I see he is still trying to get people to get his help for a dismissed form 4. They were lucky they were not charged for the case, however they are still trying to bring the bailiff to justice, bailiff didnt show up BTW. Judge was obviously on the ball.

[brassnecked]

Rap or sing to a Reggae beat

 

I'm the Hit man

Look and see

I can use a gun and a knife and key

A ratchet I carry in my pocket

I and I can hit him in de socket

A baseball bat can hit him hard

He is jus a big lump 'o lard

 

De bailff Man he not to big

I catch him and Knock off his wig

He no more is Mr Big

he had to go and smoke a cig

 

He is on his way to de nick

His Berlingo it is sat on bricks

It's wheels have been and gone away

and he no get dem back today.

 

Sorry couldn't resist, think i will make it into a song and put it on YouTube then again.....