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.
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.
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