Londond borough of barking and dagenham = baillifs = jbw

[bluebottle]

Re: Londond borough of barking and dagenham = baillifs = jbw

My gut-feeling is that, in the OP's case, what Barking Mad Council did it is more akin to Malicious Prosecution, which is a civil tort, and Contempt of Court, which is a criminal offence. However, if after Barking Mad Council had been told of their blundering and the court had ordered them to stop they continued regardless, then, there may well be a cause of action against Barking Mad Council and JBW under Section 3, Protection from Harassment Act 1997, citing the Ferguson case.

[alham]

Re: Londond borough of barking and dagenham = baillifs = jbw

As Teaboy has stated, Barking Mad Council and JBW are, at present, in contempt of court. I feel that the CEO of Barking Mad Council and Jamie Waller, who owns JBW (apparently, JBW is Jamie's initials), both need to be sent a very cold and clinical letter advising them they are in contempt of a court ruling and face action if they continue with enforcement. In the case of the actions of the bailiff who attend the OP's home are anything to go by, it does make one wonder if JBW stands for "Jamie's Brainless Wonders".

Send these letters giving both parties 14 days to acknowledge and provide a signed confirmation that all actions have been stopped OTHERWISE you will be making an application to the court etc... with claim for costs and damages etc...

[bluebottle]

Re: Londond borough of barking and dagenham = baillifs = jbw

Send these letters giving both parties 14 days to acknowledge and provide a signed confirmation that all actions have been stopped OTHERWISE you will be making an application to the court etc... with claim for costs and damages etc...

Sensible advice. I would p*ss myself laughing if it came to it that the court ordered the clamping of JBW's ANPR vans. It might make Jamie Waller wake up and realise that he is responsible for ensuring his employees obey the law, the same as everyone else. Under no circumstances should the taxpayer be asked to indemnify him and his employees when they foul-up or behave like idiots.

[thecheekymonkey]

Re: Londond borough of barking and dagenham = baillifs = jbw

Sensible advice. I would p*ss myself laughing if it came to it that the court ordered the clamping of JBW's ANPR vans. It might make Jamie Waller wake up and realise that he is responsible for ensuring his employees obey the law, the same as everyone else. Under no circumstances should the taxpayer be asked to indemnify him and his employees when they foul-up or behave like idiots.

I like it any chance of someone wording something out for me? Cheers

[bluebottle]

Re: Londond borough of barking and dagenham = baillifs = jbw

In view of the email from PATAS, I would ask a legal professional to write on your behalf to Barking Mad Council and JBW. They take it a lot more seriously when a letter hits their in-tray written on a solicitor's letterheading. A legal professional will know what compensation you would be entitled to claim from both Barking Mad Council and JBW and how to send them running to the nearest pharmacy for Imodium Plus capsules. The bit about clamping JBW's ANPR vans would only come to be if JBW didn't play ball and is something only a court can order.

[thecheekymonkey]

Re: Londond borough of barking and dagenham = baillifs = jbw

no problems alsatian, to be honest im not that arsed about compo and certainly not in the mind of paying a legal professional to write a letter to them, i just though you lot sound brill when you do the templates etc etc and if someone could just draft something up a bit posh and legal sounding that i can send off and get an apology off them and confirmed it is being dropped, whilst possibly ****ting them up a bit if you know what i mean.

but thanks again everyone, i will post back once i know more

[alham]

Re: Londond borough of barking and dagenham = baillifs = jbw

Dear Sirs

Re:<your case number>

Further to the email from PATAS team of <DATE> informing me of cessation of your action for alleged parking infraction I am writing to you to request a written undertaking by not later than 5pm of <give them 10 days> confirming that present action was started in error and as such has been terminated forthwith. Furthermore, the undertaking should confirm that your officers and agents will not attempt to approach or harass me and/or my ex-partner(???) now or in the future with regards to this case.

May I remind you that on <DATE> the <NAME OF COURT> has ordered cancellation of the charge certificate which, together with a written confirmation of ownership information from DVLA, should have lead to cancellation of <my ex-partners> liability for PCN in question. However, in spite of my repeated attempts to explain to your officers and agents about YOUR mistake, you persisted with these intimidating and harassing actions. In addition, in spite of furnishing you with proof that my ex-partner was not resident at my address your agents continued obstinately intimidating and harassing me. Such actions caused me distress <add other hyperbolies>.

Whilst at present I am happy to accept your written undertaking as an end to the whole sorry affair I will not hesitate to commence proceedings against you and your agents without further notice seeking an injunction, damages, interest and legal costs should the undertakings be not received by me by that time.


Yours faithfully



Something along these lines? Just make sure you CC it to everyone connected with the case

[thecheekymonkey]

Re: Londond borough of barking and dagenham = baillifs = jbw

Dear Sirs

Re:<your case number>

Further to the email from PATAS team of <DATE> informing me of cessation of your action for alleged parking infraction I am writing to you to request a written undertaking by not later than 5pm of <give them 10 days> confirming that present action was started in error and as such has been terminated forthwith. Furthermore, the undertaking should confirm that your officers and agents will not attempt to approach or harass me and/or my ex-partner(???) now or in the future with regards to this case.

May I remind you that on <DATE> the <NAME OF COURT> has ordered cancellation of the charge certificate which, together with a written confirmation of ownership information from DVLA, should have lead to cancellation of <my ex-partners> liability for PCN in question. However, in spite of my repeated attempts to explain to your officers and agents about YOUR mistake, you persisted with these intimidating and harassing actions. In addition, in spite of furnishing you with proof that my ex-partner was not resident at my address your agents continued obstinately intimidating and harassing me. Such actions caused me distress <add other hyperbolies>.

Whilst at present I am happy to accept your written undertaking as an end to the whole sorry affair I will not hesitate to commence proceedings against you and your agents without further notice seeking an injunction, damages, interest and legal costs should the undertakings be not received by me by that time.


Yours faithfully



Something along these lines? Just make sure you CC it to everyone connected with the case

thank you very much, but alas it is too late im afraid lol.

this morning i was greeted with an email from senior buisiness support officer - parking enforcement

Miss xxxxxx address removed

Parking Services

Roycraft House 15 Linton Road

Barking

Essex. IG11 7LX

Reference:	xxxxxxxxxxx
Date:	11/10/2012

Dear Miss xxxxx

Re: Penalty Charge Notice xxxxxxxxxxxx


Following your recent conversation with our Corporate Complaints team regarding Penalty Charge Notice xxxxxxxxx, I am writing to confirm that following an investigation of your case, I have authorised the Warrant of Execution to be returned by the Bailiffs, and the case be cancelled.

The Bailiffs have been advised to cease all action with immediate effect and you will receive no further contact from them regarding this PCN.

Please let us know if you have any further contact from them for any reason, and please accept my apologies, on behalf of the Parking Dept for any inconvenience and distress this has undoubtedly caused you.

However, please be aware that this does not set a precedent, and any future PCN’s you may incur would need to be appealed individually.

Yours sincerely,




Senior Business Support Officer – Parking Enforcement

Email:	@barking-dagenham.gov.uk

ive removed relevant info.

now whilst i was reading this another email came through from my old friend charles :-

Dear Mr xxxx,

I am writing in response to your email of 10/10/2012 regarding the above Parking Contravention Notice. The offer we made to you was a gesture of goodwill which you promptly declined; the offer has been withdrawn and we have therefore instructed the bailiffs to ensue with executing the warrant.

Please find attached photographic evidence of the contravention. My Manager is Mrs Julia Attfield, you can contact her on 0208 227 8676 or email –Julia.attfield@lbbd.gov.uk.

I advise that you contact JBW Group to arrange payment.

Yours sincerely,

Charles Cobbinah | Revenue Officer | Revenue Services







so i have basically attached the cancellation to this email.

please dont laugh , i try to sound professional but i just cant lol.



To Charles Cobbinah and Mrs Julia Atfield, Revenue Officers, Revenue Services


Thank you for your response and especially thanks for the provided information. I would just like to take this opportunity to thank you and your manager, as well as London borough of barking and Dagenham for categorically ignoring all of my requests to recheck the DVLA information and also for ignoring a magistrates decision to revoke this PCN. On behalf of all the taxpayers and myself I thank you for wasting quite a lot of my time, your time and the court and civil costs incurred for your blatant disregard to the law. At every step over the last four and a half years I have provided every piece of information asked of me by yourselves and countless bailiffs and debt collection agencies. I have been threatened on my doorstep, in front of my children and neighbours whilst in my home, I have had threatening letters posted to me continuously despite my pleas that miss OMIITED no longer lives here. My telephone has been sent malicious text messages and had threatening phone calls made to it, despite my name being on the contract and proof being offered of this and being ignored. My mother who is elderly and who uses that phone often rings me up complaining that the phone number has been rung by people threatening her, namely your subcontractors JBW group and other representatives. I have CCTV footage and voice call recordings of this behaviour all of which show bailiffs incurring illegal fees on your behalf. I am fully aware of the charges , legally that a bailiff can charge and as this agency is under contract from you to collect said charges you are responsible for their actions and conduct. I would further like to take this opportunity to say that in no way will I be contacting the bailiff in question neither verbally, or by post or any other means, YOU and your department are responsible for their continued harassment of myself. I categorically state now and for the final time that miss OMIITED no longer lives at this address, I have no knowledge of her where abouts or contact number or any other form of contact for her. My name, Mr. OMIITED is the only person's name on the tenancy agreement and also on the electoral role at this address, which is yet another identification system that you refuse to recheck to clarify this.

What you are doing is akin to Malicious Prosecution, which is a civil tort, and Contempt of Court, which is a criminal offence. London Borough of Barking and Dagenham have been told of their blundering and the court had ordered them to stop action on the PCN but you have continued regardless. I may well have cause of action against London Borough of Barking and Dagenham and JBW under Section 3, Protection from Harassment Act 1997, citing the Ferguson v British gas trading limited case law (get your legal team to check it please).

Further to this I am currently instigating a full complaint to the office of fair trade (OFT) the details of which you will be made aware of very soon and I fully intend to take full advantage of London Borough of Barking and Dagenham`s complaints procedure and direct this to yourself Charles Cobbinah and your manager Mrs Julia Attfield as I feel that you, your manager and the entire system has let me down.
At this point Charles I would like to draw your attention to the document that I have attached to this email, it is from your corporate complaints department who have seen sense and cancelled the PCN and have taken the time to apologise for the distress caused. I would further like to point out that this PCN was cancelled yesterday on the 10-10 -2012 and that today 11-10-2012, you personally have emailed me informing me that and I quote " The offer we made to you was a gesture of goodwill which you promptly declined; the offer has been withdrawn and we have therefore instructed the bailiffs to ensue with executing the warrant." Which warrant? I have never been given, sent nor emailed a copy of a warrant. Would it be right to think a warrant is a legal document written and signed by a magistrate of the court? in which case I further request a copy of this document to be sent to me or are you now trying instil fear into me? I think that this underlines the ridiculousness of this entire situation. Needless to say I will be taking this as far as I can to get a full and frank written apology from you, your manager and the chief executive of London Borough of Barking and Dagenham without exception and call for disciplinary action to be taken against those that have decided to conduct this crusade of persecution against me and my address even though many times you have been shown evidence making the PCN null and void.

I feel that you are now making this a personal financial punishment on myself, my address and my ex-partner, just because a clerical error was made DOES NOT give you the right to disregard all evidence shown to you, a magistrates legal decision and now the action of your corporate complaints department. There is and always has been an extremely simple, low impact and low cost solution to this entire debacle and that is this. If you and your department had simply rechecked the DVLA database 4 years ago you would of found the correct owner of the car at the time of the infraction. If you would of taken the time to recheck the status of this PCN yesterday you would of seen that it has been cancelled by a higher authority. Not only does this show incompetence Charles but your manager has endorsed this also, which only shows that the stupidly and laziness of the people working in your department is very well established. Yours might be down to bad or lack of training, but your managers actions just shows incompetence and a distinct lack of responsibility for the actions of your those who you represent. I will also be making a full and complete complaint on the actions of your subcontractors namely JBW group and writing to the CEO Jamie Waller who I'm sure will ignore my letter, but hopefully, if he has the ability to read he will see that it will be wrote in tandem with a letter from the ministry of justice.

I would also like to state that I officially remove any implied right of access to my property to anyone from London Borough of Barking and Dagenham and or any subcontractors working on their behalf, anymore visits on my property will be treated as trespass and dealt with accordingly. If a bailiff wishes to visit my property regarding this now cancelled PCN notification it will be treated as harassment and it will be documented in full on CCTV.

Many thanks for taking the time to read this Charles although I am actually dubious as to whether you will read it in its entirety as you and your department seem too lazy to bother doing much reading or investigating unless it just involves hitting the `bailiff button' taking all mental work out of the action and passing it on to people who are even more inept at dealing with anything within the remits of the law and there abilities, as this situation has highlighted.

Please rest assured I am in contact with the DVLA requesting copies and logs of my communications with them as well as up to date letters indicating the change of ownership with the relevant dates.

This whole scenario smacks of punishment for a clerical error made not by myself but by another party.

Yours sincerely
the legal occupier
OMITTED

[thecheekymonkey]

Re: Londond borough of barking and dagenham = baillifs = jbw

Lol what do you think?

[bluebottle]

Re: Londond borough of barking and dagenham = baillifs = jbw

thank you very much, but alas it is too late im afraid lol.

this morning i was greeted with an email from senior buisiness support officer - parking enforcement

Miss xxxxxx address removed

Parking Services

Roycraft House 15 Linton Road

Barking

Essex. IG11 7LX

Reference:	xxxxxxxxxxx
Date:	11/10/2012

Dear Miss xxxxx

Re: Penalty Charge Notice xxxxxxxxxxxx


Following your recent conversation with our Corporate Complaints team regarding Penalty Charge Notice xxxxxxxxx, I am writing to confirm that following an investigation of your case, I have authorised the Warrant of Execution to be returned by the Bailiffs, and the case be cancelled.

The Bailiffs have been advised to cease all action with immediate effect and you will receive no further contact from them regarding this PCN.

Please let us know if you have any further contact from them for any reason, and please accept my apologies, on behalf of the Parking Dept for any inconvenience and distress this has undoubtedly caused you.

However, please be aware that this does not set a precedent, and any future PCN’s you may incur would need to be appealed individually.

Yours sincerely,




Senior Business Support Officer – Parking Enforcement

Email:	@barking-dagenham.gov.uk

ive removed relevant info.

now whilst i was reading this another email came through from my old friend charles :-

Dear Mr xxxx,

I am writing in response to your email of 10/10/2012 regarding the above Parking Contravention Notice. The offer we made to you was a gesture of goodwill which you promptly declined; the offer has been withdrawn and we have therefore instructed the bailiffs to ensue with executing the warrant.

Please find attached photographic evidence of the contravention. My Manager is Mrs Julia Attfield, you can contact her on 0208 227 8676 or email –Julia.attfield@lbbd.gov.uk.

I advise that you contact JBW Group to arrange payment.

Yours sincerely,

Charles Cobbinah | Revenue Officer | Revenue Services







so i have basically attached the cancellation to this email.

please dont laugh , i try to sound professional but i just cant lol.



To Charles Cobbinah and Mrs Julia Atfield, Revenue Officers, Revenue Services


Thank you for your response and the attached information. It appears clearly evident that you and your manager, have disregarded all of my requests to recheck the DVLA information and defying and ignoring the order of a court to revoke the PCN. At every step over the last four and a half years, I have provided every piece of information asked of me by yourselves and countless bailiffs and debt collection agencies. I have been threatened on my doorstep, in front of my children and neighbours whilst in my home, have had threatening letters posted to me continuously despite my pleas that Miss OMIITED no longer lives here. My mobile telephone line has been used to sent me intimidating and threatening voice calls and text messages, despite my name being on the contract and proof being offered of this and being ignored. My mother who is elderly and who uses that phone often rings me up complaining that she has answered calls of an intimidating and threatening nature on the phone number and such calls can be attributed to London Borough of Barking and Dagenham's enforcement contractors, JBW group. I have CCTV footage as well as voice call recordings of this conduct, all of which clearly confirm JBW bailiffs engaged in unlawful activity on behalf of London Borough of Barking and Dagenham. I am fully aware of the charges, that a bailiff can legitimately charge and and that JBW has been acting on the instructions and with the full knowledge of London Borough of Barking and Dagenham and for which London Borough of Barking and Dagenham is 100% vicariously-liable for their actions.

In respect of the intimidating text messages and voice calls, I would draw your attention to the provisions of Section 1, Malicious Communications Act 1988 and Section 127, Communications Act 2003.

I would further like to take this opportunity to say that in no way will I be contacting the bailiff in question, either verbally, by post or any other means. I categorically state now and for the final time that Miss OMIITED no longer lives at this address, I have no knowledge of her whereabouts, or contact number or any other form of contact for her. My name, Mr. OMIITED is the only person's name on the tenancy agreement and also on the electoral role at this address, which is yet another identification system that appears not to have been checked in order to clarify this.

Pursuing legal proceedings when there are no grounds in law for doing so is Malicious Prosecution, a civil tort, and defying and failing to comply with an order of a court of law is Contempt of Court, which is a criminal offence. London Borough of Barking and Dagenham have been made fully-aware of the actions of their employees, servants and agents and, also, that a court had ordered them to stop action on the PCN. However, yourself and London Borough of Barking and Dagenham have continued regardless. Due to non-compliance with relevant legislation and an order of the court, legal action may now be pursued against London Borough of Barking and Dagenham, the employees involved and JBW under Section 3, Protection from Harassment Act 1997. The attention of both London Borough of Barking and Dagenham is drawn to the ruling by the High Court in the case of Ferguson v British Gas Trading Limited 2009.

I shall, in the first instance, be pursuing a formal complaint under London Borough of Barking and Dagenham`s complaints procedure as I feel London Borough of Barking and Dagenham has seriously let me down. However, this is without prejudice to my right to pursue legal action against London Borough of Barking and Dagenham and those involved.

At this point, I would draw your attention to the document I have attached to this email. It is from London Borough of Barking and Dagenham's Corporate Complaints Department who have investigated the matter and, as a result, cancelled the PCN, as well as having taken the time and trouble to apologise for the distress caused. I would further like to point out that this PCN was cancelled yesterday, 10 October 2012, and that, today, 11 October 2012, you have personally emailed me informing me and I quote -

" The offer we made to you was a gesture of goodwill which you promptly declined; the offer has been withdrawn and we have therefore instructed the bailiffs to ensue with executing the warrant."

What warrant? I have never been given, sent or emailed a copy of any warrant. Would it be right to think a warrant is a legal document written and signed by a magistrate of the court, in which case I further request a copy of this document to be sent to me.

I think that this underlines the unacceptable and indefensible mannter in which this matter has been handled by you and your department. Needless to say, I will be pursuing this matter as far as is possible. I shall be seeking a full and unreserved apology not only from London Borough of Barking and Dagenham, but those involved also. I shall also be pressing for disciplinary action to be taken against those, including yourself, who participated in the course of conduct towards myself, despite being furnished with evidence that rendered the PCN null and void.

I am putting you and your manager on formal notice that a clerical error DOES NOT give either yourself or London Borough of Barking and Dagenham the right to disregard all and any evidence produced to you, a magistrates decision and now the action of London Borough of Barking and Dagenham's Corporate Complaints Department. If you and your department had taken the time and trouble to check the DVLA database 4 years ago, you would have found out who the correct owner of the car was at the time of the infraction. If you had taken the time to check the status of this PCN yesterday, you would have seen that it has been cancelled by a higher authority within London Borough of Barking and Dagenham.

In addition to pursuing a formal complaint with the Chief Executive of London Borough of Barking and Dagenham, I shall also be making a formal complaint as to the actions of your enforcement agent, JBW Group, to the appropriate regulatory bodies.

For the avoidance of any doubt and in view of the communication received from London Borough of Barking and Dagenham's Corporate Complaints Department, any attempt on the part of any its employees, servants or agents to take any further action in this matter will constitute but not be restricted to trespass and harassment and result in appropriate legal action will be taken. London Borough of Barking and Dagenham is hereby put on notice that my home has CCTV equipment installed and which monitors the exterior of the property. Therefore, any attendance at my home will be recorded and used as evidence in any legal proceedings should this become necessary.

Please be assured I am in contact with the DVLA requesting copies and logs of my communications with them as well as up to date letters indicating the change of ownership with the relevant dates.

Yours sincerely
the legal occupier
OMITTED

As you will see, I have re-jigged your original letter as some of it appears to have been written in the heat of the moment and would not go down well as a complaint. This has involved removing some passages. What I have inserted should leave Barking Mad Council in no doubt as to what has happened, is happening despite them cancelling all further action and will happen if they do nothing to ensure no further action takes place.

OFT cannot deal with the debarcle, but a complaint to OFT Credit Fitness Team against JBW would not go amiss. Make sure you include the following details in your complaint -

Company Name: JBW Group Limited
CCA Licence No.: 629360

I am also attaching a copy of a document which guides you through the process of making a complaint to OFT Credit Fitness Team against a bailiff company.

I would suggest you send this, in the first instance, to Charlie Boy, with a copy to the CEO of Barking Mad Council. I would stress in your email/letter to the CEO that you are looking for an amicable settlement of the matter, but reserve the right to pursue formal action should the matter remain unresolved to your satisfaction.

I hope that this helps.

[thecheekymonkey]

Re: Londond borough of barking and dagenham = baillifs = jbw

^^^^^^^^^^^^ cheers pal, too late though as i had already sent mine, but never mind ive got it ready for any further comunication.

ive sent an email to the compaints department so see what they say, but i do think its over now, but we shall see, i thought this last time and it ressurected itself after a few years!!!!!!!!!

[bluebottle]

Re: Londond borough of barking and dagenham = baillifs = jbw

I would be inclined to deal with the CEO of Barking Mad Council and keep it to that. This council are well-known for flouting the law and so are JBW's brainless bailiffs.

[alham]

Re: Londond borough of barking and dagenham = baillifs = jbw

I can't believe it! Time to take off your gloves and demand an undertakings, mentioning both CONFIRMATIONS of cessation (NOT OFFERS!!!!! to stop the process which is very important), then wait allocated time. Application for an order (if so desired) will cost you max £40 which you will get back from woof-woof anyway.

[thecheekymonkey]

Re: Londond borough of barking and dagenham = baillifs = jbw

I can't believe it! Time to take off your gloves and demand an undertakings, mentioning both CONFIRMATIONS of cessation (NOT OFFERS!!!!! to stop the process which is very important), then wait allocated time. Application for an order (if so desired) will cost you max £40 which you will get back from woof-woof anyway.

Cheers I will do this but gonna give them a chance , corporate complaints have been brilliant , I emailed them to say Charlie boy had been threatening me and forwarded his email to them, I received this reply today.

Dear MR xxxx

We can confirm that following your e-mail below, our General Income section have been sent an e-mail today to advise that the PCN has been cancelled and all action is to be stopped. You should not receive any further correspondence on the matter.

Kind regards
The Complaints Team


I will wait to get my letter in post and see what julie what field has to say to me who is charles manager. I will await this reply before taking further action.


Thanks again everyone and I will post back....

[bluebottle]

Re: Londond borough of barking and dagenham = baillifs = jbw

Full marks to Barking Mad Council's Corporate Complaints Team. Let's hope Charlie Boy gets the toe of someone's boot inserted in a certain bodily orifice at the lowermost point of his alimentary canal.