Marston bailiff clamped my car!!

[bluebottle]

Re: Marston bailiff clamped my car!!

Originally the Bailiff will have been given a Warrant to Levy Distress on the defaulters goods. A Clamping Order as we now see is a different thing altogether, it therefore appears as if the person within the Court needs retraining. For those that have it - John Kruse's book "Law of Seizure of Goods" - turn to pages 169-172, it would be unfair to try & paraphrase it all and apologies to those that do not have it but it appears to say that clamping in the sense that we see here should not have gone ahead.

Looking at the contract and respective legislation, PT, the Clamping Order is an entirely separate matter from the Distress Warrant. In a nutshell, the Distress Warrant does not authorise a contracted bailiff to clamp a fine defaulter's vehicle. IMHO, both the bailiff and Suffolk Police have acted ultra vires, under both civil and criminal law.

Due to the circumstances of this case, certainly, recent developments, I am of the opinion this should be referred to HMCTS Enforcement Operations. Ironically, something similar happened in Bolton during 2012. The LB member's name was also Kim. Probably coincidence.

[ploddertom]

Re: Marston bailiff clamped my car!!

Hello everyone thanks for your advice.

I have today been in touch with the courts and they have told me that apparently with a distress warrant there is a automatic clamping order. I have read on the Internet that the bailiff has to apply for one when they discover you have a car.
i also asked the court to see is the individual bailiff is registered but she said that the company is registered so he will be. She was very unhelpful anf from what I have read, what she says is not entirely true.

Originally the Bailiff will have been given a Warrant to Levy Distress on the defaulters goods. A Clamping Order as we now see is a different thing altogether, it therefore appears as if the person within the Court needs retraining. For those that have it - John Kruse's book "Law of Seizure of Goods" - turn to pages 169-172, it would be unfair to try & paraphrase it all and apologies to those that do not have it but it appears to say that clamping in the sense that we see here should not have gone ahead.

[bluebottle]

Re: Marston bailiff clamped my car!!

Bad.

link

I remember that case. Suffolk Police made numpties look intelligent with their handling of the case. Calling them muppets wouldn't be appropriate either because muppets have more intelligence. Kermit the Frog has more intelligence in his left flipper.

Re: Marston bailiff clamped my car!!

How bad are they, CC?

Bad.

link

[bizzybob]

Re: Marston bailiff clamped my car!!

Especially as those regulations, if not subsequently amended, would require an Order for Sale to be granted before the vehicle could lawfully be sold.

This seems to suggest that, until and unless that Order is granted, title in the vehicle remains with the owner and has passed to neither the bailiff nor the Court.

Exactly, they have merely seized it in effect, then "persuaded" the police to get the keys for them.

[bluebottle]

Re: Marston bailiff clamped my car!!

That explains everything!

How bad are they, CC?

Re: Marston bailiff clamped my car!!

Marstons have serious questions to answer

Especially as those regulations, if not subsequently amended, would require an Order for Sale to be granted before the vehicle could lawfully be sold.

This seems to suggest that, until and unless that Order is granted, title in the vehicle remains with the owner and has passed to neither the bailiff nor the Court.

Re: Marston bailiff clamped my car!!

Ipswich police

That explains everything!

[bizzybob]

Re: Marston bailiff clamped my car!!

"Part IV—Clamping of Motor Vehicles
Requirements with respect to the making of a clamping order13. Before a clamping order is made by the court under paragraph 39(3)(b), or by the fines officer under paragraph 40, of Schedule 5 the court or, as the case may be, the fines officer must be satisfied—
(a)that P has the means to pay the fine; and
(b)that the value of the vehicle or vehicles to be clamped, if sold, would be likely to exceed the amount of the fine, the amount of the likely charges due and the likely costs of sale."

That just about rules out clamping in the majority of cases. Marstons have serious questions to answer

[bluebottle]

Re: Marston bailiff clamped my car!!

I have just set the ball rolling by sending a email to my local mp, the chief constable of Ipswich police and hmcts.

Hopefully I will hear something soon

Who at HMCTS did you email, Kim?

[kim481]

Re: Marston bailiff clamped my car!!

I have just set the ball rolling by sending a email to my local mp, the chief constable of Ipswich police and hmcts.

Hopefully I will hear something soon

[bluebottle]

Re: Marston bailiff clamped my car!!

Alternatively, might not a way to reduce the annoyance caused by burglary be to extend certification so that Certificated burglars, who agree to respect a strict code of conduct, could have some immunity from arrest?

The Police Service would then be free to catch other criminals such as people recklessly walking on the cracks in the pavement or having sex in private with a bicycle - link

The article about the guy having sex with a bicycle made me laugh. However, I am not going to post up any comments about it because they are probably too rude to post up. Lol!

Re: Marston bailiff clamped my car!!

Alternatively, might not a way to reduce the annoyance caused by burglary be to extend certification so that Certificated burglars, who agree to respect a strict code of conduct, could have some immunity from arrest?

The Police Service would then be free to catch other criminals such as people recklessly walking on the cracks in the pavement or having sex in private with a bicycle - link

[bluebottle]

Re: Marston bailiff clamped my car!!

http://www.legislation.gov.uk/uksi/2...6/part/IV/made

Thank you for that, PT. It has answered a number of questions about Clamping Orders and scotches the porkies Marston bailiffs come out with.

[bluebottle]

Re: Marston bailiff clamped my car!!

Include in MP also imho, as they should be under no illusions about the endemic criminality in the enforcement industry, that is aided and abetted by HMCS and the police.

It is the politicians who brought privatisation of court fines collection into being who need to be publicly named and shamed. Also, the so-called "think tanks" and "business consultants" who lobbied for it should be subjected to the glare of public scrutiny. IMHO, the collection of unpaid court fines should be conducted in-house by HMCTS's own staff, not profit-hungry commercial organisations who consider compliance with the law an "inconvenience" and that working under the banner of HMCTS gives them some form of immunity from legal sanctions for what is, essentially, blatant law-breaking.