Fireman 1963 baliffs demand fees whilst parent out from the kids help please

[Recycler]

have you seen the court order avenue?

 

Data Protection Technical Guidance

Subject access requests and legal proceedings

 

If a data controller refuses to comply with a subject access request, then the applicant may complain to the Information Commissioner and / or apply to the Court for an order under section 7(9). Under section 40, the Commissioner has discretion to serve an enforcement notice requiring a data controller to comply with section 7.

In practice, subject access rights are often used by individuals who are in dispute with the data controller. In many cases, they may intend to begin or have already begun legal proceedings against the data controller and see section 7 as a way of obtaining additional information to assist in such proceedings.

It has been suggested that recent case law, and in particular Durant v Financial Services Authority [2003] EWCA Civ 1746, provides authority for data controllers to refuse to comply with a subject access request where the applicant is contemplating or has already begun legal proceedings.

The Commissioner does not accept this proposition. He takes the view that failing to comply with a subject access request in such circumstances will, unless an exemption under the Act applies, amount to a breach of the Sixth Data Protection Principle. The right of subject access is one of the cornerstones of Data Protection legislation. If a data controller were able to avoid complying with a subject access request in circumstances where the data subject was contemplating or had begun legal proceedings it would seriously undermine this fundamental right.

However, the courts do have discretion as to whether to grant an order under section 7(9) and may be reluctant to exercise that discretion where it is clear that the purpose of the request is to fuel separate legal proceedings and, importantly, where the discovery rules under the Civil Procedure Rules would provide a more appropriate route to obtaining the information sought. The Commissioner is also likely to take such matters into account when considering whether to exercise his enforcement powers under section 40.

[fireman1963]

Recycler,

That may answer some areas for me. Thanks for that.

[ambercain]

You must read the Watcher's thread "police getting clued up at last?" which is a police document giving a lot of advice on how bailiffs must conduct themselves to avoid being arrested!

[Mack7000]

So what was the outcome of this Fireman?

[fireman1963]

I have now been given a court date for the end of September, now lets see them squirm.

I wonder what dirty tricks they might have up their sleeve?

If anyone has been to court regarding bailiff what happened at court and is there anything that I need to know? as they will obviously turn up with a solicitor and try and intimidate us.

[tomtubby]

Which court ?

 

Without a doubt the bailiff company will be represented by a solicitor/barrister.

 

If this is Drakes can I assume that the court is Clerkenwell & Shoreditch.

 

There are many complaints being made to the courts and I have found that many of these cases have been succesful.

[fireman1963]

It is at Clerkenwell & Shoreditch and yes it is Drakes, lets hope that we can hit them whereit hurts them the most, in the pocket!

[seanamarts]

It is at Clerkenwell & Shoreditch and yes it is Drakes, lets hope that we can hit them whereit hurts them the most, in the pocket!

Looks like drakes solicitors are going to be very busy at the end of this month, thats when I will be facing them as well but in Ipswich.. Good Luck

[Recycler]

they will probably bring a solicitor & a barrister - they may try the big stick approach & try to put in for lots of costs to worry you - they may offer to settle before the hearing -

 

last time I was at clerkenwell, Drakes had 2 complaint hearings the same day 1 of which they lost badly - the other was thrown out.

 

If you want a copy of the judgement Drakes lost let me know & ill send you a copy - might be usefull to you....

 

do you have legal representation? if not i have a few tricks which can help get you out of procedural problems if Drakes legal team tries to throw its weight about

 

good luck!

[tomtubby]

Recycler.

 

I of course know of your complaint against Drakes and the judgment does make excellent reading.

 

Fireman will be in goods hands with your assistance !!!

[sillygirl1]

Clerkenwell is just round the corner from where I work - very nice bars in the area.... good luck with the court - hopefully the ****** will get his licence revoked.

[tomtubby]

If anyone in future is considering a complaint to the court about a certificated bailiff, you will see that I have now provide further details in the STICKY part of the bailiff section.

[fireman1963]

To anyone who has followed this thread, Today we went to court regarding the complaint we made against the two bailiffs.

Good news was that the judgement was found in our favour and the judge was not at all happy with the bailiffs.

Unfortunately for us both bailiffs had let their certificates run out, the judge said he would have revoked both had they not.

One of them had already put in for a renewal due in November and the judge put a stay on that stating that any applications from either of these two bailiffs would have to go through him and that the applications will have a note placed on it stating this outcome. He even stated that one of them would have great difficulty ever getting another licence because of his behaviour.

So thats two bully boys of the street, I suppose they will have to go back to bouncing at clubs, (nice work).

[sillygirl1]

Congratulations on sticking with the case and getting a Judge who knew his stuff regarding these scumbags. Hopefully more people will realise you can challenge them and go for it...

 

Actually if they haven't got a bailiff licence they shouldn't qualify for the licence that club bouncers need now to work anywhere reasonable.

[B.A.Ts]

fantastic news .. well done

[The Watcher]

So thats two bully boys of the street, I suppose they will have to go back to bouncing at clubs, (nice work).

 

... or acting as "assistants" (under the new Bill) for other bailiffs?

 

Anyway - congratulations. There would be many more victories if only people persued their complaint to the end.

[k1mmie]

Would an 18 year old be treated as an adult with regards to bailiffs and if they answered the door would they have to let them in? I worry that my daughter may answer not realising and be subjected to this while she is here on her own.

[fireman1963]

K1mmie,

An 18 yr old is an adult, but a bailiff cannot just enter an occupied premises if they have not been invited in even if they have a distress warrant. If the warrant is for you and not your daughter and she answers the door she just needs to tell them you are not there and that they cannot come in. Even if they mangage to gain entry she only needs to tell them to leave at any time and they must leave the premises. If they refuse call the police and tell them that there are men in the house and won't leave and she fears for her safety, the bailiffs should not enter when only a lone female is present.

Drakes bailiffs have a code of conduct on their website, which is what I took into court and used against Drakes own bailiffs.

Hope this helps.

[alexteh]

Or just tell her to tell them she's not 18 yet!

[freakyleaky]

If everybody knows what to say then why ask the question ?????????????????????

For confirmation and to get other points of veiw!

[k1mmie]

Thanks guys, thats comforting to know. We all know what lengths these rogues will go to and its good to be armed with what you can and can't do as they prey on our ignorance of this.

[chef 007]

Can anyone help with a couple of questions i have regarding bailiffs powers.

My sister in law had two bailiffs turn up at her house while she was out, her 16 year old daughter was at home looking after her younger sisters aged 14 and 7. They had just got up and were in their pyjamas when bailiffs knocked and entered their house when she answered the door they would not leave even when asked by their mother, their aunt and me their uncle in three different telephone different telephone calls to the homes.

When i arrived at the house they had left the building and were waiting outside. I Challenged them on them entering the house when they knew that there were minors only at home and was told they had a warrant and could do it. when i asked if they were aware of the child protectio act one of them said he would report them to social services, i believed this to imply they would have them taken into care.

I also ended up paying £456.57 to them for a disputed parking ticket fine of £95.

 

Are they allowed to enter the house when only minors are at home?

Can they imply that they could call social services and report the children being left, even though this is perfectly legal to leave them?

Is the amount demanded appropriate to the fine imposed (an increase of 480%)?

 

please help as i want to take this all the way!

Hi

I am due to go to court at the end of this month taking Drakes to task about the horific way my family was treated over a £30.00 Parking Fine which cost me over £553.00. If you would like to support me in any way to strenthen my case and teach Drakes a lesson themn please contact me on [email protected]. Thanks

[The Watcher]

Good Luck with this !

[fireman1963]

post some details about your case, there are lots of people here who will help you as they did me.

[antivirus]

About time somebody took these to task.