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On the 1st of November at around 8am i was visited by two bailiffs from marstons for two unpaid parking tickets which came to about £800.

 

They originally came for someone else at the address

while there they saw on their ipad my fines and asked me to pay.

This was all on the door

 

when i refused to pay they told me they will go into my house (Its my mums house) and start removal of goods

i informed them they cant come into the house and seeing as i am standing on the doorstep he cant come in

little did i know and just pushed past me

 

while i tried to push him away he hit me across my face with his elbow

after this he opened his body worn camera and started recording.

 

I immediately called the police and the police defended them and told me they have every right to come into my house blah blah blah...

 

The police did not behave in a professional way and took the side of the bailiffs.

I told the police at the scene i was assulted and they did not do anything

We made a complaint to the IPCC and their managers

 

at the end of it both police officers were placed on desk duties for a month and their inspector aplogised for the way they behaved.

 

I made complaint to marstons as well

originally made me a offer of £100 which i declined and into the second stage

they increased it to £230 for gesture of goodwill,

i declined this again and asked for stage 3 independent review.

 

I have received the letter back today

i think its the same people at marston that have reviewed it...

 

All they say is they have looked into everything and the offer marstons have made is a generous offer and if i want to accept it contact them.

 

There is NOTHING about the way i was assaulted and they forced entry into my house..

 

Just want to check where i stand with this?

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its was not your house...so should it not be your mum too seeking redress..


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They originally came for a parking ticket in my mums name but she is disabled and they did not do anything and started with my tickets.

She does not know english very well and she wont get far.

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Wouldn't your complaint be better addressed to the bailiff Who assaulted you.

 

In the form of an eac2 ?

 

What was the outcome of the enforcement


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On the 1st of November at around 8am i was visited by two bailiffs from marstons for two unpaid parking tickets which came to about £800.

 

They originally came for someone else at the address

while there they saw on their ipad my fines and asked me to pay.

This was all on the door

 

I made complaint to Marstons as well. Originally made me a offer of £100 which i declined and into the second stage they increased it to £230 for gesture of goodwill, I declined this again and asked for stage 3 independent review.

 

I have received the letter back today, I think its the same people at Marston that have reviewed it...

 

All they say is they have looked into everything and the offer marstons have made is a generous offer and if i want to accept it contact them.

 

There is NOTHING about the way i was assaulted and they forced entry into my house..

 

From your post it is difficult to know whether your dissatisfaction with the outcome of your complaint is because you are wanting an increased 'goodwill' payment or an apology (or explanation) for the 'assault'.

 

From your post you have stated that the debts that were outstanding in your name were 'fines'. If so, then you should be aware that an enforcement agent does indeed have the right to use 'force' to gain entry into the property. This is not the case though with council tax arrears of parking debts.

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How do i do a eac2 complaint?

 

I paid them and they went away..

 

I would have thought they would give me my money back because the way he acted was unprofessional and he never would have got any money out of me if he didnt push past me and hit me.

 

Sorry it was not a fine it was for a parking ticket.

 

As far as im aware unless its a mags fine they cant force entry..

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As I read it,

they didn't force entry as the door was open,

although you were standing in the door way.

 

They forced themselves past you.

 

there is a difference as they probably thought they used reasonable force.

 

I stand to be corrected though.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Reasonable force doesnt include assulting me to get me out of the way.

 

If i make eac2 claim what do i have to do?

 

Also my brother my mum and my sister who is 10 years old witnessed when he hit me across my face with his elbow.

 

If i lose will i need to pay anything?

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Hi

I would have thought they would give me my money back because the way he acted was unprofessional and he never would have got any money out of me if he didnt push past me and hit me.

 

Sorry it was not a fine it was for a parking ticket.

 

As far as im aware unless its a mags fine they cant force entry..

 

To clarify then, when the enforcement agent attended the address there were outstanding warrants for parking debts for both your mother and also for you. Your mother is disabled and it would seem that the enforcement agent did not seek to enforce the warrants against her (I would assume that he recognised that she was 'vulnerable').

 

You mention that you would not have paid the debts owed by you if it had not been for the fact that the enforcement agent managed to gain entry into the property. If there a reason why you would not have paid (for instance; maybe you had not received any correspondence or possibly you had appealed the tickets to the local authority)?

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they cant simply goto a house with a warrant to enforce one persons parking ticket

then find you had one too and use that warrant to enforce your ticket surely!!


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they cant simply go to a house with a warrant to enforce one persons parking ticket

then find you had one too and use that warrant to enforce your ticket surely!!

 

If there were outstanding debts owed, the enforcement agent is not required to have a physical warrant when he attends. There would be an 'electronic' warrant normally visible on his electronic device (iPad for instance).

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To clarify then, when the enforcement agent attended the address there were outstanding warrants for parking debts for both your mother and also for you. Your mother is disabled and it would seem that the enforcement agent did not seek to enforce the warrants against her (I would assume that he recognised that she was 'vulnerable').

 

You mention that you would not have paid the debts owed by you if it had not been for the fact that the enforcement agent managed to gain entry into the property. If there a reason why you would not have paid (for instance; maybe you had not received any correspondence or possibly you had appealed the tickets to the local authority)?

 

I originally appealed the parking ticket as when i had gone to my car i had no ticket on it as someone had removed it most likely.

I wouldnt have paid because i dont have that type of spare cash laying around..

 

Also bering in mind they never showed me any paperwork regarding my tickets.

Edited by Deniz94

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I think we have a number of different issues.

 

If you are considering taking an action against the individual bailiff who assaulted you then theEAC2 is the methods used. As this questions the right for the bailiff to hold a certificate. As a word of warning though you must be sure you can evidence your claims,as losing one could be expensive for you.


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If you're complaining about a breach of procedure your route is viA the bailiffs then the creditor then the court


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I think we have a number of different issues.

 

If you are considering taking an action against the individual bailiff who assaulted you then theEAC2 is the methods used. As this questions the right for the bailiff to hold a certificate. As a word of warning though you must be sure you can evidence your claims,as losing one could be expensive for you.

 

Is the evidence of two family members enough?

They saw him hit me.

Also would i need to get a lawyer or where do i start?

 

If you're complaining about a breach of procedure your route is viA the bailiffs then the creditor then the court

 

I think westminster council will just tell me to sod off its nothing to do with them?

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Is the evidence of two family members enough?

They saw him hit me.

Also would i need to get a lawyer or where do i start?

 

 

 

I think westminster will just tell me to sod off its nothing to do with them?

The authority are legally responsible for bailiffs actions


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Were they council parking tickets originally? Sorry if youve already said previously.


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I originally appealed the parking ticket as when i had gone to my car i had no ticket on it as someone had removed it most likely.

I wouldnt have paid because i dont have that type of spare cash laying around..

 

Also bering in mind they never showed me any paperwork regarding my tickets.

 

I can fully understand the difficulty with paying these debts when they get the the very late stage of a personal visit.

 

If you had appealed the issue of the ticket to the local authority, then you should have received a Notice of Rejection. If the ticket had been one issued by one of the 33 London Boroughs, then paying at this stage would have around £100. There would have been two further documents from the council (a Charge Certificate and an Order for Recovery). Did you receive any of these notices?

 

You have stated that the enforcement agent did not show you any 'paperwork' regarding the tickets. What paperwork are your referring to?

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Reasonable force doesnt include assulting me to get me out of the way.

 

If i make eac2 claim what do i have to do?

 

Also my brother my mum and my sister who is 10 years old witnessed when he hit me across my face with his elbow.

 

If i lose will i need to pay anything?

 

An EAC2 Complaint is a complaint to the County Court that granted the enforcement agent his certificate. Put simply, it is an application by you to the court, outlining your reasons why you consider that the bailiff should have his certificate removed from him. Given the seriousness of the application, an enforcement agent would almost always have legal representation. If the court considers that your complaint is vexatious, he can order that you pay the enforcement agents legal costs. You need to be aware that there have been quite a few cases where this has happened.

 

As part of your complaint you would need to provide evidence of any doctors report outlining the extent of your injuries.

 

if the purpose of your court complaint is to seek a refund of the amount that you have paid against these parking debts, then this will not be achieved by way of an EAC2 complaint.

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If i do take it to court i doubt i will win a eac2 complaint as i dont have any proof.

The only proof i have is the two witness my mum and brother that saw him hit me, will that be enough?

 

Also yes it was for a parking ticket and i i just received a notice or something after 30 days i think telling me i owe the full amount.

I called westminster council telling them this is the first i know of any tickets and they told me appeal so i did but i never received any letters or anything and i just left it like that.

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The only proof i have is the two witness my mum and brother that saw him hit me, will that be enough?

 

 

 

Doubts would be cast on the impartiality of witnesses who are also family members. Much better if they were completely independent. I would proceed with caution as you could expose yourself to costs being awarded against you.


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So forget the court route whats the next step i can take?

The stage 3 appeal review is pretty much bs they dont even have any contact info or what i can do?

 

It states nothing about the assault and all they are pretty much telling me to do is accept the 200 quid and move on...

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Also yes it was for a parking ticket and i i just received a notice or something after 30 days i think telling me i owe the full amount.

I called Westminster council telling them this is the first i know of any tickets and they told me appeal so i did but i never received any letters or anything and i just left it like that.

 

In your initial post you indicated that you had more than one parking debt. How much did you end up paying? Did you also appeal the 2nd ticket?

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The second one my car had broken down (clutch totally gone) the car wouldnt move, it was towed to a side street and i left a note on it but they still give me a ticket.

 

It was declined and they told me the date of the recovery and the date of the issue of ticket doesnt match..?

 

So i just didnt pay for it and left it like that.

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Also please be advised that writing to the court in complaint will be considere as complaint against the bailiff under EAC2. It it's not like making a complaint to the ombudsman or the authority, costs can accrue from the receipt of the response from the bailiffs and the court will not even answer your letter until that response is received. So make sure you have a solid case before contact with the court is made


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