Car Unclamped!!!

[bluebottle]

Re: Car Unclamped!!!

The bailiff does appear to be acting unreasonably and the email you have sent to the SEM for your area seems to sum things up succinctly. See what the SEM says. If no joy, you could escalate the matter higher. However, you have made it clear that you are trying to settle the fine and not refusing to pay. A certificated bailiff acting for HMCTS cannot force entry nilly-willy and has to seek authority from a nominated officer at the magistrates court that issued the DW before doing so. The nominated officer must not authorise forced entry unless they are absolutely satisfied there is justification for doing so. Don't rule out that certificated bailiffs have problems with differentiating fantasy and reality, that is, they are not beyond misleading HMCTS, as one certificated bailiff company under contract to HMCTS did earlier this year and had the DW pulled by an SEM.

[mott9999]

Re: Car Unclamped!!!

Thankyou, Bluebottle. Is there anything I should add to add weight to my arguement? And is there any stalling tactics I can use in case SEM tardy in action?

[Fair-Parking]

Re: Car Unclamped!!!

Could I ask what this 'fine' is for. It appears to have been assumed to be a magistrates fine but there is no mention of any court. There are however references to a warrant and a council and £180 looks suspiciously like a £120 PCN plus 50%. For good advice the OP needs to clear about what the problem is.

As for the bailiff, unless this self employed bounty hunter and chancer is legally trained, he is is in no position to dispute anything written here and given his own tenuous legal position of having no warrant, you are perfectly entitled to tell him anything where the second word is 'off'.

[mott9999]

Re: Car Unclamped!!!

Fair-Parking is right; £120 fine + 50 % . Yes I'd like to do as you say but I don't want the bastard in my house!

[bizzybob]

Re: Car Unclamped!!!

Fair-Parking is right; £120 fine + 50 % . Yes I'd like to do as you say but I don't want the bastard in my house!

What FP is asking is: Is this a fine from magistrates, or a council PCN, if the latter then this bailiff is in need of a heavy tolchock* from his gaffer.

*tolchock, blow varying in severity as referred to by Alex and his malenky droogs in A Clockwork Orange

[bluebottle]

Re: Car Unclamped!!!

The fees are in keeping with an unpaid magistrates' court fine, i.e. £85.00 Administration Fee + £215.00 Attendance Fee = £300.00. Having read what the bailiff threatened to do, i.e. claimed the OP had refused entry - the bailiff does not have ANY right of entry - the SEM is first port of call. There is also HMCTS Criminal Enforcement Team at HMCTS HQ, in London.

It would, as F-P requests, if the OP could confirm what the fine is for, please.

[mott9999]

Re: Car Unclamped!!!

Using phone while driving and lapsed MOT - fixed penalties that I posted off credit card payments which got lost somewhere. Unfortunately I had forgotten how I paid and got confused about cheques etc. I suffer from depression which means my memory worse than useless. Then some stupid idiot drove into me which meant no car and no work. Anyway. back to the point, I have only the form "Notice Of Distress" as sole document in spite of asking for clamping order etc.
Thanking all of you for your help.

[mott9999]

Re: Car Unclamped!!!

The email address ES-dist.list.enforcement@hmcts.gsi.gov.uk does not work for some reason. I am also concerned by lack of documentation from the court - could the bailliff br hiding something? I am beginning to doubt the man's veracity. Is there any legislation that I can point to about the clamping and value of the car? Should I make a complaint about the Bailiff? Sorry to go on but if my wife lost any furniture or valuables my life would be over!

[mott9999]

Re: Car Unclamped!!!

Bailiff came this morning threatening locksmith and police - probably lying but I could not take the risk so gave him £100 (more than I could afford) and arranged payment plan. I do not generally wish ill-fortune to others but I'll make an exception in his case.

[Sir Vere Brayne d'Emmidge]

Re: Car Unclamped!!!

Bailiff came this morning threatening locksmith and police - probably lying but I could not take the risk so gave him £100 (more than I could afford) and arranged payment plan. I do not generally wish ill-fortune to others but I'll make an exception in his case.

Just a few questions:

Did you receive summonsfrom the Court about the alleged offences?

Did you attend Court?

If yes did you ask for a deferred payment?

If not did you ask for a deferred payment?

Did you receive a Further steps notice?

If yes what did you do?

Assuming that due process was followed what did you do when you received the letter from Mston asking for the original fine + £85?

Did you receive the letter from Marstons?

Did you read it to the bottom line?

Did the bailiff give you enough notice of intention about seizing your goods?

If yes what did you do?

Point of notice, if the bailiff seized some of your goods, but not removed them, he has not taken first bite of the cherry, it's only the beginning of the process.

What communications did you have with the bailiff?

And finally, do yu agree that you do owe the fine to whatever HMCTS issued the warrant?

In my opinion the bailiff has been very patient with you and helped your marriage for a few more years, reality is if you are registeres at the property, unless other people have receipts for the goods inside it, you might as well wave goodbye to them if he wants to enforce the Distress Warrant as instructed.