BAILIFF: Notice Of Attendance Served

[bluebottle]

Re: BAILIFF: Notice Of Attendance Served

I am somewhat disturbed that warranted police officers have been aiding and abetting bailiffs to collect unpaid PCNs and it sounds like ANPR cameras, intended to detect suspect/stolen vehicles, are being misused. I would run this past the IPCC as they may have an issue with warranted police officers getting involved in this sort of operation.

[labman]

Re: BAILIFF: Notice Of Attendance Served

Wacko - in the absence of any other advice forthcoming, I'll try and sort something out for you today as an answer. I have to accompany someone to a solicitors this morning, but will do my best after that. :beagle:

[labman]

Re: BAILIFF: Notice Of Attendance Served

Wacko,

Can you provide a breakdown of ALL charges as best you can to date please? If possible with any Liability Orders applied for or court charges or anything like that. Please ensure you include the date of the offences - this is important so I can work on timescales.

I recommend you send this to the bailiffs:

From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Dear Sir,

Ref: Account No: 123456


With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.


Let's start trying to separate fabricated costs from lawful costs here so you can address the issue.

May post again later.

[WACKO]

Re: BAILIFF: Notice Of Attendance Served

Labman, i already have some of the answers to question d and e. and have part of the answer to a and c. i will ask for more detail.

i have attahed (on my previous post a copy of the stataments for each pcn and also a one pager with Baliff names, Dates of Cert, Courts of Cert and Dates of visits.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.



Read more at: Legal Beagles Consumer Forum - Reply to Topic

[labman]

Re: BAILIFF: Notice Of Attendance Served

Sorry - me being totally thick I suspect!

What was the exact date of the three offences?
On the attachment, what is the payment for £732.12 for?

[WACKO]

Re: BAILIFF: Notice Of Attendance Served

I requested further information - and have attached their response.

My question is simple: is the attached information from Philips, enough to conclude they did indeed visit my property? (in the eyes of the law)

I don't see how this could be sufficient, however i am not a lawyer and i don't know what is considered to be 'proof' if this was taken to court?

any thoughts would be greatly appreciated - thank you in advance.

[bluebottle]

Re: BAILIFF: Notice Of Attendance Served

Ask them if they are prepared to have their figures scrutinised by a forensic accountant. It might p*ss Philips off, but you mess with a forensic accountant at your peril. They are experts at what they do and their testimony in criminal cases carries a lot of weight. When I was a CID officer, I watched a forensic accountant find a series of fraudulent transactions in an accounting document within two minutes of looking at the document myself and a colleague had not been able to find after scrutinising the same document for two hours. However, forensic accountants do not come cheap. The onus is on Philips to prove what they have presented to you is a true and accurate account. It is an offence under Section 17, Theft Act 1968 to falsify any account and also to render a false account. It is an offence under Section 18 of the Act for a company to commit an offence under Section 17. Not only does the company cop it, so do the directors, company secretary, company officers and managers.

[CleverClogs]

Re: BAILIFF: Notice Of Attendance Served

I requested further information - and have attached their response.

Which can perhaps be referred to by the charming phrase, "botty gravy".

They are helpful in that they cite the correct regulations on which their fees are based, but rather less than helpful thereafter. For example, they claim that they are allowed to charge a fixed attendance fee "to levy distress but where no levy is made and attending to remove goods where no goods are removed. This fee is not cost defined in the Act."

Correct - it is not defined in the Act, but it is defined in the Regulations!
Regulations, as amended by more Regulations

As the maximum that may be charged per attendance is based upon the sum due, it is more than somewhat difficult to understand how 28% of the first £200 and 5.5% of the remainder could be the same each time or, for that matter, be anywhere near £200.

As for their "proof of attendance", all that's been proved is that the Head Numpty is satisfied that his minions attended somewhere.

[WACKO]

Re: BAILIFF: Notice Of Attendance Served

thanks bluebottle. do i have to ask Philips permission prior to having a forensic accountant look over the documents?

[CleverClogs]

Re: BAILIFF: Notice Of Attendance Served

thanks bluebottle. do i have to ask Philips permission prior to having a forensic accountant look over the documents?

No - why should you?

[WACKO]

Re: BAILIFF: Notice Of Attendance Served

i'm not satisfied they have given enough evidence for the 'proof of visits'..can anyone suggest what i should do from here? i would like to go directly to the courts

[labman]

Re: BAILIFF: Notice Of Attendance Served

Given this is to do with PCN's, and thus still a civil matter, I think you should still file the Statutory Declaration, Out of Time.

[bluebottle]

Re: BAILIFF: Notice Of Attendance Served

If you feel that what Philips have provided you with is fraudulent, you are fully within your rights to have someone who may be called as an expert witness in any court proceedings scrutinise Philips' lie sheet. A Chartered or Certified Accountant would be equally as good as a Forensic Accountant as an expert witness. Forensic Accountants tend, on the whole, to work on complex fraud, company fraud and tax evasion/fraud cases.