Notice of seizure

[007shaun]

Re: Notice of seizure

THANK YOU AMY I will do that to day should i also fill out a form 4 ??? As they are saying will not give back as i have one other named driver on my insurance so therefor not tools of the trade. but i did put him on to my insurance some time a go as some times when a job was to big or if i was ever ill he would be able to drive my van. But he does not work in the carpet trade any more and has not for over 2 years but as i have just alwas renewed my policy each year. Is there any cases in law i could look up ??? thank you Amy

[Amy]

Re: Notice of seizure

I would, yes. It would be worth your while researching Form 4 complaints before going ahead though.

[007shaun]

Re: Notice of seizure

Hi Amy do you think it would be a good idea to also do a affdavit saying that i have been the only driver of my van for over 18 months as this true. and the the over driver has not worked for me for over 18 months

[007shaun]

Re: Notice of seizure

Hi to Every One this A UP DATE...
I Have had to get my self a LEGAL ADVISOR He has told me what to do and From YOUR HELP ON THIS SITE.
1) to file a statutory Declaration out of time form PE2 AND Statutory Declaration unpaid penalty Charge Form PE3 This was done on the 30/03/2011

2) Sent a letter to TFL HERE IS THE LETTER

TFL Customer Relations
Transport for London
23

rd Floor, Empress State Building
Empress Approach
London
SW6 1TR
11 April 2011

Pre-litigation warning - DO NOT IGNORE

PCN numbers: TF -.-.-.-.-.-.-.-.-.-.
Vehicle registration number:
Dear Sirs
You are vicariously liable or the actions of your bailiff.
Your bailiff, Marston Group, has taken my vehicle without any warrant. This is illegal. Your bailiff must
have known “no warrant means no seizure” and that you should have issued one under the conditions
outlined under County Court Rule 75 (7) (3) but have failed to do so. The Rule is as follows:
(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the
appropriate form
There are no exceptions to this rule. No warrant means no enforcement. One has never been issued
by the Council, let alone within the specified 7 days of receiving Traffic Enforcement Centre’s
authority. Thus any ‘warrant’ that may appear and which the council cannot confirm was issued within
that period will be a fake.
May I remind you of the duties as laid down by the TEC and the Department of Transport?
The TEC 9.22 says the certificated bailiff must have the warrant in his personal possession when he
visits a person or premises with a view to enforcing it and he must produce it on demand to anyone
who has reasonable grounds to see it.
The DoT 10.67 says that the warrant of execution must be carried by the certificated bailiff when s/he
visits a person or premises with a view to enforcing it. S/he must produce it on demand to anyone
who has reasonable grounds to see it. I have reasonable grounds to see the warrant, otherwise the
actions of your bailiff are theft, pure and simple.
The agencies have produced almost identical instructions to local authorities and both confirm the
importance of local authority compliance with County Court Rule 75 (7) (3).
Of particular importance is the requirement by both agencies that bailiffs

must have a copy of a
warrant with them at all times and that can only be achieved by the local authority producing a hard

copy of the warrant. Thus any argument that seeks to justify a convenient belief in the ‘electronic
transfer’ of warrants to bailiffs is rendered null and void. Both agencies are also united in their
instructions that warrants can only be issued by local authorities. Private bailiff firms or companies are
firmly excluded from issuing warrants.
From the above, you can surmise that your bailiff needs a hard copy of the warrant and both your
council and your bailiff have failed on this. No warrant means no enforcement. Without a valid

warrant, you have no alternative but to instruct your bailiff to return my vehicle at his own expense as
BUT TO DATE NOT HAD ANY THING FROM THEM.

[007shaun]

Re: Notice of seizure

UP DATE FROM NORTHAMTON COUNTY COURT
It is ordered that the order for recovery of unpaid penalty charge be revoked . It is further ordered that the charge certificate be cancelled .
This was from the traffic enforcement centre at Northampton county court.
that was 5 days ago to day i asked TFL if i can have my van sent back as there is now no MOT or tax as it has run out so i can not drive the van it run out on the 1st of june .
They told me i can not have my van back yet till there office looks in to this as thay are not happy with the court and if and when they decide if i can have my van back i would have to pay for my van to be picked up my self ...
now i have not been able to work with out my van i did hire but the cost not worth working i just do not have the cash to pay out for my van to be picked up and the cost of the mot and tax.

[007shaun]

Re: Notice of seizure

HELP NEEDED
Hi can any one give me any advice on how i should proceed or ( if i have a case )
With TFL and or Marstons the bailiffs for seizing my work van with out ever having written to me or visiting me or notifying me of any outstanding fines.
Indeed the first i ever knew of this was the 24/3/11 the day my work van was seized and a notice of sezure of my van pushed through my mothers letter box.
I tried everthing to resolve this as quick as possible by geting advice from this web site and from CAB telling the bailiffs i am self employed as a carpet fitter and would be unable
to carry on working as my work van was part of my tools of my trade.
After geting advice from Amy i filed a statutory declaration explaining that i did not ever know of this fine. some time later i paid a legal advisor to help he sent letters to TFL see above later i got a letter from northampton county court REVOKING and further order that the charge certificate be cancelled. I contacted marstons to ask if and when they would deliver my van i got a definate verbal refusal i then asked TFL if they would deliver my work van back explaining that now my van was out of road tax and mot and that i would be breaking the law if i went and collected my van my self.
The whole of this matter has resulted in the loss of work the loss of earnings and hardship forcing me to sell my work van at a much reduced price due to now no mot or road tax and having to get my van out of marstons compound or pay £24. per day for storage.
I think i have a clam against TFL and or marstons the bailiffs.
I would be most grateful for any help or advice as to
A) Do i have a case see above for most of the info
b) If i have a case how do i go about it.
I WOULD LIKE TO THANK EVERY ONE SO FAR FOR ALL YOUR HELP AND ADVICE AND SUPPORT Many Thanks Shaun