Paid PCN, repeat notices, multiple refs, no breakdown and harassment

[Fizz]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

How many times did he drive past?

How often has he done that?

Who knows, he made it very clear I'd been 'hiding' my car, I park it in the garage. And gawd only knows how many times he must have looked for it before seeing it in the care homes car park. And honestly, I cant help thinking he must have known the route I take between home and dropping off little one. I have a very distinctive looking car, (not a flash one, just an unusual shape one ) so it wouldnt be hard to spot it driving around - very unnerving

[bluebottle]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

In the bass, tenor or treble register?

Probably all three. Be interesting to see if they could form a choir.

[bluebottle]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Will get on to this



I recieived an email from jbw customer services stating "I can confirm that we are currently investigating this matter, once a full
investigation has been completed we will provide a substantive response." The bailiff called and spoke to the person who sent the email. I have received a response back from TEC who state they can#t deal with complaint/query, complain to the county court that bailiff is registered at, and suggest I send in TE7 and TE9 - which I am also about to do.
The bailiff is being weird, I see him/white van, passing my house about 9 this evening.

Unless JBW and their bailiff can produce irrefutable evidence that you removed the wheelclamp, they are stuffed. As for this bailiff's behaviour, it sounds to me that he is in very real danger of crossing the line and putting his certificate at risk, at the very least. If he persists in this behaviour, speak to the police as this may constitute an offence under the Public Order Act 1986 of Causing Intentional Alarm, Distress or harassment. It may also amount to Behaviour Likely to Cause A Breach of the Peace.

[labman]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

http://www.legalbeagles.info/forums/...093#post332093

[ODC]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Next time the Baliff drives past note the vehicle number and report it as acting suspiciously round children.

As for the two so called officers of the law it should be easy enough to track them down. If you have the approximate time and location they stopped you then due to modern tracking of resources they can soon establish who they were. Also if theydid a PNC check on your vehicle there will be a record of this too.

The only reason I suggested asking for the Duty iInspector is that he is likely to be the most senior officer available in most local stations. Obviously it depends where you live.

[charitynjw]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Video, for evidence of harassment?

[bizzybob]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Yes if you can video him drining past constantly, that may well help ground further complaints against him, even a letter to the DJ at his certificating court to lie on file until he applies for renewal is an option.

At the ANPR check, if he caused bruising maybe ABH, and as to the little 'un, he has caused undue distress, maybe a complaint to the Disclosure and Barring Service, regarding his behaviour, might cause him problems if he applied for enhanced disclosure in the future.

[Fizz]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

I ended up sending a formal complain addressed to the County Court (recommended by TEC in their reply to me) and to the councils parking services, Copied in copied in councillors, MP, borough commander, JBW.
Wanted to ensure complaint sent before I'm hit with anything else by bailiff or police!

[bizzybob]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

I ended up sending a formal complain addressed to the County Court (recommended by TEC in their reply to me) and to the councils parking services, Copied in copied in councillors, MP, borough commander, JBW.
Wanted to ensure complaint sent before I'm hit with anything else by bailiff or police!

As this is civil, the police apart from their ham fisted action when the bailiff assaulted you at the ANPR check, have diddly squat to do with it apart from being subject to complaints for their behaviour, and maybe feeling the bailiffs collar, imho

Don't think bailiffs have a leg to stand on, especially as they lied about you cutting off a clamp at the check.

[bluebottle]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Agreed, BB. Unless JBW can produce evidence that proves, beyond all reasonable doubt, that Fizz removed the wheelclamp, they are stuffed and could, possibly, find themselves in a heap of trouble, especially if the warrant had already been cancelled by the issuing authority prior to removal of the wheelclamp. Likewise, if the warrant had been cancelled prior to the bailiff's "scene", witnessed by warranted police officers, who did bugger all to stop him, it could be "Game Over" for the bailiff, especially if the police decide to resolve the matter by providing a report for Fizz to send to the bailiff's certificating court which stitches up the bailiff. Additionally, any video footage of the bailiff repeatedly driving past Fizz's home and a police incident log number sent to the DJ at the court could be very damning as it was in the case of a Ross & Roberts bailiff during 2012. That resulted in cancellation of the bailiff's certificate without a Form 4 being completed or a hearing. The DJ, it would appear, used provisions under the Civil Procedures Rules to make a decision on the court's own initiative and dispose of a case without a hearing. Certificated bailiffs need to be made aware of this, but whether it would make a difference to their behaviour is another matter.

[CleverClogs]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

The thought has just occurred to me - could Fizz frustrate that bugger by transferring the ownership of her car to her child?

[Fair-Parking]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Before I deal with the absolutely illegal joint police-bailif operation, I can assure the OP that there is NO warrant in this case. That is as sure as the sun rose this morning. Any one that might now suddenly appear will have unlawfully been printed in JBW's office to cover for that.

No warrant - no enforcement - thus no clamp allowed and thus every right to remove it to protect your property from attempted theft by the mobile bounty hunter whatever his bullying little brain thinks

[bluebottle]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Croydon Council bailiffs and police working together. http://www.anpr.org.uk/anpr/police-w...down-on-crime/

Just had a look at the article attached to the link. It would be interesting to see how the LGO viewed that sort of operation. I would not be surprised if the view taken was that it was maladministration on the part of the council.

[bluebottle]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

Before I deal with the absolutely illegal joint police-bailif operation, I can assure the OP that there is NO warrant in this case. That is as sure as the sun rose this morning. Any one that might now suddenly appear will have unlawfully been printed in JBW's office to cover for that.

No warrant - no enforcement - thus no clamp allowed and thus every right to remove it to protect your property from attempted theft by the mobile bounty hunter whatever his bullying little brain thinks

That's my take on it, too, F-P. Once a warrant has been cancelled, withdrawn or satisfied, along with any legitimate bailiff fees, it ceases to have any legal authority. Any enforcement action that follows is totally ultra vires. Clamping a vehicle in such circumstances would amount to Unlawful Detention of Property, Unlawful Interference with Property and Trespass. Those are just the civil torts. Any potential criminal offences would need to be considered according to the circumstances and the actions of those involved. The actions or, more accurately, inactions of the police officers involved almost certainly amounts to Neglect of Duty under Police Conduct Regulations. The Metropolitan Police may be able to extricate themselves from this by providing Fizz with a report that stitches up the bailiff like a kipper or by taking action against him.

[bizzybob]

Re: Paid PCN, repeat notices, multiple refs, no breakdown and harassment

If the council are using police to stop someone solely because of a Civil PCN, with no criminality attached such as no insurance etc, I feel it would amount to malaministration