Parental liability

[Timmycats]

I had a visit this morning for a court warrant against my 21 year old daughter for an unpaid motring fine. The Bailiff threatened to reappear and if necessary force entry to secure goods. My daughter was out this morning, she is a drug addict, is unemployed, she has stolen and sold a lot of our possessions. In real terms she has nothing of value although she has her own room. She owns nothing of value. I am extremely concerned that the Bailiffs might attempt to remove items that do not belong to her. I would welcome any advice.

[mohmmad786]

Re: Parental liability

Hello Timmycats and welcome to Legal Beagles. Can i please ask you to provide some more information which can help members help you more. How much was the motoring fine? how much is the bailiff fee? is it the first visit he has made and did u receive any letter before today? You are in good hands here and i am sure others can offer you more advice as well but here is a link which would help you a bit as well.

Bailiffs and debt collectors : Directgov - Money, tax and benefits

I am sure once the experienced members sees this thread they can give u more advice on your case.

[bluebottle]

Re: Parental liability

Bailiffs can only remove what belongs to the debtor, not that of others who live with them. I would ring the Court Manager immediately and advise them of the situation. I am a little suspicious of what this bailiff has said, hence my advice to speak to the Court Manager. If the Court Manager confirms the bailiff cannot force entry, ring the bailiff, ask which court issued their certificate, then download a Form 4 from the Ministry of Justice website at Justice.gov.uk and send to the court that issued the bailiff's certificate. It is a misrepresentation of their authority as a bailiff and a criminal offence under Section 2, Criminal Damage Act 1971 to threaten to break in without lawful authority.

[labman]

Re: Parental liability

In my opinion this does not warrant a Form 4 complaint, and would leave the OP open to unnecessary and expensive court charges. So many people were abusing the system, this is why charges are frequently charged to the person bringing the complaint now. The new guide is not yet up, do I cannot point you to the bit you need. I think if you go to the bailiff tab at the top of the page you will fin a Statutory Declaration. It would be worth adapting this to say everything in the house is yours. I will try to remember to post it later when I have access to my computer rather than the phone.

[labman]

Re: Parental liability

As promised!

STATUTORY DECLARATION (amend parts in red – Declaration is easily amended to
swear property belongs to one person in a house)


I: [NAME] residing at [ADDRESS AND POSTCODE]

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I had no prior knowledge or any correspondence from [NAME OF MAGISTRATES’ COURT/COURT/AUTHORITY] following an alleged [OFFENCE/LIABILITY/DEBT] on [DATE] for [NATURE OF OFFENCE/DEBT]

From information provided to me today by the [MAGISTRATES’ COURT/OTHER COURT/AUTHORITY] I am informed that a hearing for this matter was held in my absence where I was [FINED/MADE LIABLE TO PAY THE AMOUNT OF £AMOUNT]. The reference number for this case is: [REFERENCE]

AND THAT:

Notification of this fine first came to my attention on [DD/MM/YYYY] when a bailiff from [NAME OF COMPANY] came to my home. He was in possession of a [DISTRESS WARRANT/LIABILITY ORDER/ORDER FOR RECOVERY] dated [DATE IF KNOWN] and that he required the sum of [£AMOUNT].

I genuinely do not remember receiving any notice of this [FINE/LIABILITY/DEBT].

I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

DECLARED AT:

SIGNED:

DATE:



Before me:

Solicitor/Commissioner for Oaths:

[Timmycats]

Re: Parental liability

Thank you very much for your kind assistance. I don't know exactly how much the fine was nor what charges were included it was a bit of a shock being woken up at 0645. Because my dogs were making a lot of noise, I dont recall receiving any prior warning(although if this was sent it would have been to my daughter)I stepped outside the front door and given very little information only that the amount was £380 and that he was in possession of a distress warrent issued by a Kent magistrates court and that if the amount wasn't paid that day then he would return the following day with a locksmith to remove items that would be sold. Unfortunately I had to travel to Southampon for work purposes which meant that my wife would be in the house on her own. My wife was hysterical and extremely upset at the prospect of a stranger forcing entry to our home. She phoned the courts who said that there was no warrant outstanding issued by Kent courts. My wife phoned the bailiff who was extremely aggressive and threatening. I phoned him from Southampton explaining that I was away overnight and requested that as my wife would be on her own on Wednesday would he delay the visit until the following day . He refused saying that if the money had not been paid by 1900 hrs on Tuesday , then he would return on Wednesday morning. He was extremely aggressive and unhelpful . Because I was away from home and of the distress that my wife was going through I felt I had no option but to pay which I did over the phone. The bailiff was from Marston I was given a card which stated a Warrant had been issued by Kent magistrates court. Having regrettably paid this I feel that I was forced to do this as my wife was intimidated and bullied . I much appreciate the kind advice and support that you have given do you have any suggestions as to what action I should now take .