Bailiff clamped wrong vehicle on my private land

[bluebottle]

Re: Bailiff clamped wrong vehicle on my private land

In some respects you have to look at it another way. Suppose for example you complain to the County Court where Mr Numpty obtained his Certificate. Although what he did was probably wrong was it severe enough for him to have his Certificate taken away. The answer unfortunately is no and the Judge would probably put it down to an error of judgment.

I do agree with you that both Council & Bailiffs should have learned from this sad episode and that procedures should be put in place to restrict it from happening again. To get someone to fight this for you should mean getting your local Councillor(s) on board.

As things go, PT, I'm not saying that the bailiff whose brain has gone AWOL should lose his certificate. I agree with you entirely that his actions are not of sufficient gravity to warrant revoking his certificate. However, it does expose the bailiff, bailiff company and council to litigation for failing to exercise reasonable care and acting without lawful authority which has resulted in the OP suffering the loss of a half-day's pay which was otherwise avoidable were it not for the bailiff failing to exercise reasonable care and acting ultra vires. My gut-feeling is that a judge would, in all probability, rule that the bailiff had a duty to exercise reasonable care and should have conducted sufficient checks to establish the ownership of the OP's vehicle instead of assuming the numbered bays related to flats on the site. Assumption is not a defence and does not relieve one of a duty to exercise reasonable care. The admission, in writing, that there was no lawful authority to clamp the OP's vehicle will stuff the bailiff, bailiff company and council. Trying to fob off the OP with an ex gratia payment is not only inappropriate, it demonstrates a distinct lack of understanding of and contempt for the law.

I would be inclined to put both bailiff company and council on the spot and ask them to confirm exactly who it was who wrote both letters, as they are identical in every respect, save for the letterheadings. If it turns out to be the bailiff company, the council could have some difficult questions to answer. Use the FOIA if necessary.

[bizzybob]

Re: Bailiff clamped wrong vehicle on my private land

Op should bill the council for the losses so a half days pay plus cost of calls etc.

[charitynjw]

Re: Bailiff clamped wrong vehicle on my private land

Plus, of course, the time spent in finding out the facts of the case (see below) and associated costs (ie, court fees if applicable, telephone calls, etc.)

Litigants in person[edit]

CPR Rule 46
Litigants in person will be awarded a fixed hourly rate of £18.00 per hour, unless they can prove that they have incurred a financial loss in conducting the action.^[27]
The costs awarded to a litigant in person cannot exceed two-thirds of what could be claimed by a professional lawyer.^[28]

• 27 ^ CPR 46, PD 3.4
• 28^ CPR 46.5(2)

http://en.wikipedia.org/wiki/Costs_(English_law)

CPR 46 Rule 3.4
http://www.justice.gov.uk/courts/pro...-special-cases

So, loss of 'wages' plus the above costs!

[enquirer]

Re: Bailiff clamped wrong vehicle on my private land

Extract: However, the bailiff states that when you phoned him he was left feeling a breach of the peace may ensue upon his return. Accordingly he phoned the Police and they advised him not to return until they had spoken to you.

I wonder what he said to the Police.

It might be worth asking, because if you could get a written reply out of them, you might just find an attempt to Pervert the Course of Justice.

[bizzybob]

Re: Bailiff clamped wrong vehicle on my private land

I wonder what he said to the Police.

It might be worth asking, because if you could get a written reply out of them, you might just find an attempt to Pervert the Course of Justice.

As OP was not the debtor, the bailiff is leaving himself wide open., as if police had turned up and arrested the OP........

[bluebottle]

Re: Bailiff clamped wrong vehicle on my private land

I wonder what he said to the Police.

It might be worth asking, because if you could get a written reply out of them, you might just find an attempt to Pervert the Course of Justice.

If it is any information that is likely to be used in any form of legal proceedings, it will need to be routed to the Solicitor's Department of the OP's local police force. The OP needs to contact Force HQ for the necessary details.

[KDK]

Re: Bailiff clamped wrong vehicle on my private land

Thank you all for your advice and help so far, I really appreciate having some knowledgeable people sharing their opinions with me.

I am definitely going to move the complaint to stage 2 as I don't feel their response reflects the seriousness of what both parties have done, and the fobbing off nature of their reply has only added to my feelings about this.

With regards to the police on the day - when I initially rang them, after the bailiff refused to return to release my car, they said they couldn't get involved as it was a civil matter.

It was only when the bailiff rang them that they got involved. I fully admit to being angry, shouting and even swearing at the bailiff, particularly after he began laughing when he realised what he had done. I make no apologies for this in the circumstances and I feel their response is another admission of theirs with regards to the level of emotional distress their actions caused. When the police rang me, the PC said words along the lines of 'the bailiff would like to return but he feels his safety may be in danger if he does so' and he advised me to stay indoors and not enter into conversation when the bailiff returns. The police told me they had confirmed with the bailiff that my vehicle was not connected to the person they were chasing and that they had shared none of my personal details with him but had instructed him to return to release my car. They also gave me a reference number for the incident.

Elsewhere, people have suggested asking for the bailiff's name and reporting the entire incident to the police in case there has been any criminal activity which needs investigating further. I am unsure about whether to do this or not.

[bluebottle]

Re: Bailiff clamped wrong vehicle on my private land

I wonder what he said to the Police. Probably to report that his brain had gone missing. :grin:

It might be worth asking, because if you could get a written reply out of them, you might just find an attempt to Pervert the Course of Justice.

@@@@

[bluebottle]

Re: Bailiff clamped wrong vehicle on my private land

Thank you all for your advice and help so far, I really appreciate having some knowledgeable people sharing their opinions with me.

I am definitely going to move the complaint to stage 2 as I don't feel their response reflects the seriousness of what both parties have done, and the fobbing off nature of their reply has only added to my feelings about this.

With regards to the police on the day - when I initially rang them, after the bailiff refused to return to release my car, they said they couldn't get involved as it was a civil matter.

It was only when the bailiff rang them that they got involved. I fully admit to being angry, shouting and even swearing at the bailiff, particularly after he began laughing when he realised what he had done. I make no apologies for this in the circumstances and I feel their response is another admission of theirs with regards to the level of emotional distress their actions caused. When the police rang me, the PC said words along the lines of 'the bailiff would like to return but he feels his safety may be in danger if he does so' and he advised me to stay indoors and not enter into conversation when the bailiff returns. The police told me they had confirmed with the bailiff that my vehicle was not connected to the person they were chasing and that they had shared none of my personal details with him but had instructed him to return to release my car. They also gave me a reference number for the incident.

Elsewhere, people have suggested asking for the bailiff's name and reporting the entire incident to the police in case there has been any criminal activity which needs investigating further. I am unsure about whether to do this or not.

IMHO, the bailiff did what most certificate bailiffs do when confronted by a debtor they've tried to shaft and got caught or done something they shouldn't and got caught, - they play the shrinking violet and claim they feel they life/safety is in danger. As yet, the majority of police officers have not gotten wise to this, but there is a growing number of police officers who are getting wise to it.

Yes, I would obtain the bailiff's name and serve a Letter Before Action on the brainless buffoon.