HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff.

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Hi, Bluebottle, It was Bolton Police - actually went on Friday to make a complaint about him blocking my partner in our cul de sac, but nothng was wrtten down, but I can deal with that. am dong exactly what you are advising but I dont know exactly how to get hold of the area manager. was going to my local county court and was going to ask them to help me tomorrow x Can you answer me a question... He gave to the distress warrant to the police, I have a copy now, but this is just headed paper from Marstons, and marsons are saying that a NOTICE of distress carres a penalty of a clampng order as well is this correctly true. So they can clamp a carunder a notce of distress is what he is tellng me.

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Marston Group bailiffs are well-known for lying to and misleading police officers and this is just another example of it. A certificated bailiff acting under the authority of a Magistrates Court will need a Clamping Order in order to clamp a motor vehicle when enforcing Magistrates Courts fines. Their "Notice of Distress" printed on a Marston Group letterheading is not a Clamping Order. Neither is it a Distress Warrant or an Arrest Warrant, although Marston Group bailiffs will blatantly lie to police officers that it is. Because police officers receive little, if any, training in bailiff and civil enforcement law, certificated bailiffs, all too often, pull the wool over their eyes and get away with it, which is what has happened in your case.

Bolton falls under the jurisdiction of Greater Manchester Police. Because this matter originated in the Magistrates Court, it is the Magistrates Court that has to sort out the mess. However, it is the County Court that will, eventually, deal with the bailiff.

I note, in earlier posts, you mention speaking to the Enforcement Team at the court. I would suggest you speak to them, initially, and then ask to speak to the Area HMCTS Enforcement Manager or for his/her direct telephone number. The switchboard number for Bolton Magistrates Court is 01204 558200.

You need to find out if the court issued a Clamping Order to Marston Group. You also need to find out if the Enforcement Team told Marston Group to cease all enforcement. If the Team did not issue a Clamping Order and did tell Marston Group to cease all enforcement and the bailiff blundered on regardless, both the bailiff and Marston Group, as the bailiff's employer, are in serious trouble.

I have noted, in an earlier post, you mention a Form 4 complaint. Might I suggest that you see if the court are going to make a Form 5 complaint? This is similar to a Form 4 complaint, but has been investigated and facts established. Consequently, it is not so easy for a certificated bailiff to dispute such a complaint.

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Hi bluebottle, you have been so helpful and everything you say makes sense, but gain today I have been to the county court Bolton today who gave me Trafford magistrates number, who then put me back in touch with the enforcement officers, who again told me they don't know who or have ever heard of a enforcement area manager I also went to a solicitor who deals with civil matters and was told, "oh well you've paid it now so what does it matter"... I have been advised to write a letter of complaint to Marstons and the Office of Fir trading, but I feel this will just get forgotten about.. Another point I cannot get round, is how can you be arrested for Theft of a vehicle, then interviewed taped, swabbed DNA drug tested, fingerprinted, photographed and feet/shoes printed (bootfoot), to then be released all charges dropped when the money had been paid..
The money was paid at 6pm yet i wasnt released till 9pm, without charge, I either have committed a crimnal act by theft, or I have not ??? Just a thought, and yes the Baliff baffled the police and manipulated the situation. I reply need help with starting a complaint letter would you know where to find one on here. Thankyou again as you have been the only one who has really supported anything I have posted.

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Hi bluebottle, you have been so helpful and everything you say makes sense, but gain today I have been to the county court Bolton today who gave me Trafford magistrates number, who then put me back in touch with the enforcement officers, who again told me they don't know who or have ever heard of a enforcement area manager I also went to a solicitor who deals with civil matters and was told, "oh well you've paid it now so what does it matter"... I have been advised to write a letter of complaint to Marstons and the Office of Fir trading, but I feel this will just get forgotten about.. Another point I cannot get round, is how can you be arrested for Theft of a vehicle, then interviewed taped, swabbed DNA drug tested, fingerprinted, photographed and feet/shoes printed (bootfoot), to then be released all charges dropped when the money had been paid..
The money was paid at 6pm yet i wasnt released till 9pm, without charge, I either have committed a crimnal act by theft, or I have not ??? Just a thought, and yes the Baliff baffled the police and manipulated the situation. I reply need help with starting a complaint letter would you know where to find one on here. Thankyou again as you have been the only one who has really supported anything I have posted.

I am going to send you a PM as it is known that Marston Group bailiffs scan these forums.