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    • So there's no tax payable anyway.... nothing to see here!  
    • are you actually going to benefit out of this at all?   I was slightly getting confused here earlier, and forgot you said you are the claimant because you are suing the defendant for the cost of a hire car that you personally haven't had to pay for ?    
    • I received PCN's from TFL and Southwark. 08/06/19 I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA. TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply. (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine). I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage. I complained again through resolver.co.uk and Marston lied again. Then I sent ALL my info and evidence etc.   took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc. TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it. The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler. I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain. I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Regarding the footage: my initial message to them, I made myself seem unaware and 'stupid'   they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' they can't uphold my complaint,   then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal)   when they received the in-depth response, I think they got scared, went away for a couple weeks   tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250.   She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
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Bear72

Bailiff or Enforcement agent entered property without permission and refused to leave

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Hi everybody

 

Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title).

When I opened the door he stuck his foot in so I couldn't close the door.

 

I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.

 

Turns out that he was there to collect a court issued fine.

I think from a Magistrates Court.

 

He worked for this outfit:

www.marstonholdings.co.uk

The reason for the fine was something to do with "driving without car insurance".

 

Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth.

I sold the car for scrap and cancelled the insurance.

Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware).

this was the circumstances of the visit.

 

My question is

did he have the lawful right to enter the property?

I always thought these people were like vampires i.e. they can only come in if you invite them in.

 

tia

Bear

 

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Hi.

 

I've moved your thread to the Bailiffs forum. People should be along to advise later.

 

HB

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Illegitimi non carborundum

 

 

 

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If enforcing a Magistrates’ court fine they can even use a locksmith to gain entry, but only with the court’s permission.

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The new enforcement regulations i believe stopped the enforcement officers from pushing aside someone at a door. This was to stop potential assault and breach of the peace.

 

They can put their foot in, to have the conversation with the fine defaulter about their rights of gaining entry and that they can force entry if required using a locksmith ( this is because this relates to a  Court fine).  But if they are refused entry they should back away and look at their next options.  There might be goods outside of the house they can seize.  If not, they could call the Police and locksmiths, so they can make peaceful entry to a property.

 

Complain to Courts and Marstons if the officer has used force against you at the door. 

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as explained in you CTAX thread (which you have yet to update us upon)

they have right of entry yes. so he has done nowt wrong sadly.

but its extremely rare for a magistrate to grant this.

 

i'd be checking the warrant and notice of enforcement had the right address though!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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11 hours ago, BazzaS said:

If enforcing a Magistrates’ court fine they can even use a locksmith to gain entry, but only with the court’s permission.

The warrant itself permits a bailiff the right to use force to enter a property in the case ONLY of a Magistrates Court fine (which this debt was).  The court do not have to give prior permission. 

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Did you receive a summons from the Magistrates Court? 

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To be honest I can't remember but most likely yes.

 

Bear

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