Marston and an undue fine.

[shamen]

Re: Marston and an undue fine.

*edit* oops, thought this was a private ticket

[Umbyboy]

Re: Marston and an undue fine.

"What the Bailiff can remove
The Bailiff will make a list of items and their estimated value. The value is judged on the estimated recoverable price the item will receive at auction. Bailiffs are legally bound to get the highest possible price for the items at auction. The Bailiff has the legal power to seize goods after estimating their value. If the goods seized do not cover the outstanding charges at auction, the Bailiff can return to collect the outstanding amount.

Bailiffs cannot remove items that belong to someone other than the debtor. Bailiffs can, however, remove items that are jointly owned by the debtor and someone else, even if the other owner is not present. You must tell the Bailiff if they attempt to remove anything that does not belong to the debtor. The bailiff may ask you to produce evidence to show that you are not the owner of the property."

Is that true? Can they enter the property (even if they do not find the car parked) and remove anything from her place?

[CleverClogs]

Re: Marston and an undue fine.

"What the Bailiff can remove
The Bailiff will make a list of items and their estimated value. The value is judged on the estimated recoverable price the item will receive at auction. Bailiffs are legally bound to get the highest possible price for the items at auction. The Bailiff has the legal power to seize goods after estimating their value. If the goods seized do not cover the outstanding charges at auction, the Bailiff can return to collect the outstanding amount.

Bailiffs cannot remove items that belong to someone other than the debtor. Bailiffs can, however, remove items that are jointly owned by the debtor and someone else, even if the other owner is not present. You must tell the Bailiff if they attempt to remove anything that does not belong to the debtor. The bailiff may ask you to produce evidence to show that you are not the owner of the property."

Is that true? Can they enter the property (even if they do not find the car parked) and remove anything from her place?

Where did you find that unhelpful and somewhat inaccurate piffle?

With a few exceptions such as magistrates' court enforcement officers carrying out distraint against criminal fines - and not parking fines or penalties - bailiffs may not lawfully force entry unless they had previously been admitted peaceably. Think of the varmints as being somewhat worse than vampires; unlike Count Dracula, neither garlic nor holy water will prevent a bailiff making a return visit.

A bailiff may not remove items necessary for everyday living or for the education of a child. Nor may a bailiff lawfully seize a tradesman's tools nor other items used in their means of livelihood.

If you can remember only one thing, remember this: bailiffs tell lies.

[Umbyboy]

Re: Marston and an undue fine.

By reading the documents she sent me I realised she never appealed the fine but she was merely communicating with the Council by repeatedly stating that she was/is not the owner or keeper of the vehicle and the Council was replying that they could not verify that. Does it mean that as the owner and keeper of the car I can use the aforementioned forms to say that I never received the PNC, because the Council notified it to the wrong person who has now contacted me?

[CleverClogs]

Re: Marston and an undue fine.

By reading the documents she sent me

That does seem a bit naughty of Camden Council, as they should not lie even by omission or mislead the public by negligence.

I realised she never appealed the fine but she was merely communicating with the Council by repeatedly stating that she was/is not the owner or keeper of the vehicle and the Council was replying that they could not verify that.

Certe, stercus bovi est.

Why couldn't Camden Council supply the vehicle registration number to the DVLA and get the relevant data from them?

Does it mean that as the owner and keeper of the car I can use the aforementioned forms to say that I never received the PNC, because the Council notified it to the wrong person who has now contacted me?

It would be somewhat unusual for the appeals procedure to be used by someone who wanted to be fined and it might give the appeals adjudicator a nervous breakdown.

[Umbyboy]

Re: Marston and an undue fine.

As I stated at the beginning the problem here is that the car is Italian and it was driven in the UK for a short period of time. For this reason the Council could not retrieve the Vehicle's owner from the DVLA as the car is registered in Italy. However there are services like Euro Parking Collection Plc (Euro Parking Collection Plc) which many Councils use in order to notify PCNs to foreigners. Still, the Council was provided with the Registration Certificate (which is valid everywhere in the EU) and the certificate of ownership by my friend as I sent it to her.

[Umbyboy]

Re: Marston and an undue fine.

Any other suggestion guys? This is becoming a never ending story .

[CleverClogs]

Re: Marston and an undue fine.

Any other suggestion guys?

Other than taking out contracts on the Camden Council officials?

[Animal]

Re: Marston and an undue fine.

I would sue for harrassment and distress.

Have a look at this :-)