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

[bluebottle]

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

You know what we call JBW here?

Jamie's Brainless W*nkers.

Or.....

Jerks, Berks and W*nkers

[bluebottle]

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

Should have reported as "Bogus Official" especially as most police forces react to this much more positively, where vulnerable people are concerned as they will regard the bailiff on approach as being akin to a rip off builder after dodgy roof repairs, As both these scumbags were bogus, as far as the unfortunate recipients of their call were concerned, that would be the case.

Pity you didn't report him as a "bogus official". Police have a very low opinion of those who commit the offence of Burglary Artifice (Distraction Burglary) by impersonating officials and I can tell you, having been a policeman, they get a hard time. Those who impersonate officials for some ulterior motive are the lowest of the low. You might wish to ascertain which court issued this prat's certificate and write to the District Judge about it. Even if the DJ decides not to act on it, it will be brought up at the hearing when the certificate falls due for renewal.

[labman]

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

Or.....

Jerks, Berks and W*nkers

Pity you didn't report him as a "bogus official". Police have a very low opinion of those who commit the offence of Burglary Artifice (Distraction Burglary) by impersonating officials and I can tell you, having been a policeman, they get a hard time. Those who impersonate officials for some ulterior motive are the lowest of the low. You might wish to ascertain which court issued this prat's certificate and write to the District Judge about it. Even if the DJ decides not to act on it, it will be brought up at the hearing when the certificate falls due for renewal.

http://www.legalbeagles.info/forums/...ailiff-Threads

[CleverClogs]

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

http://www.legalbeagles.info/forums/...ailiff-Threads

Yes, let's not be beastly to the poor bailiffs.

It's not their fault that their parents failed to inculcate that one should not tell lies.

[bizzybob]

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

If a bailiff has behaved in the manner dsecribed, then a Bogus Official report is a valid option, as far as the care home is concerned, ne has no business there, is intimidating third parties so is bogus, and deserves a spell off the streets being appraised of how he should not cause alarm and distress to people he has no business with.

[bluebottle]

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

Ok, just checked, "We are unable to accept your payment at this time as your account is currently allocated to a bailiff. Please contact Mr xxxxxxon N/A." on each.
Case has been passed to 4 bailiffs since 28.06.13 - only one of them has issued any paperwork with their name on it! The one listed I should contact - certificate expires 02.08.13, suppose he might have applied for a renewal and its not up as yet.

If I remember correctly, the application to renew is submitted one month prior to the date of renewal. So the bailiff should have already submitted his application to renew. if you are going to submit anything to the court, you will need to have it with the court by Tuesday, Wednesday at the very latest.

[bluebottle]

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

http://www.legalbeagles.info/forums/...ailiff-Threads

Labman, Your behaviour is giving cause for concern.

[labman]

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

Labman, Your behaviour is giving cause for concern.

Good - it is intended to highlight the amount people are offensive in their posts. I have only chosen the most recent posts, so it is pure chance you crop up a lot. It does not concern me at all.

[Fizz]

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

Update.

The PCN to which all the letters relate to is paid, confirmed with the boroughs parking service prior to being issued with another 'enforcement notice' date 17.07.13 which listed same paid pcn along with another 4 references. (post #1)
I request a breakdown of fines and fees, but in the meantime receive a 'notice of attendance' of £1858.01 (dated 24.07.13) again with same paid pcn and ref.

Today I receive a 'final notice' letter (dated 25.07.13) from jbw, with total fee of £1342.86, listing references as outstanding accounts. (attached)
If this letter is in response to my request for a breakdown of fees, then it does not do that. I suspect they are billing me for further fees on the paid pcn.

Apologies if that sounds complicated!

In your opinion, what would be the best way of following this up, re-requesting a breakdown of fees?

As of yet, I have not received responses for the bailiffs inappropriate conduct.

[labman]

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

Personally, I'd be writing a very stiff letter to the CEO of the council reminding him of the council's vicarious liability for their appointed enforcement agents and requesting all action is withdrawn forthwith, and a letter to that effect sent to you. Failure to act on the letter may result in legal action.

Be aware that if you write it may result in legal action, you need to be prepared to follow it through.

I would copy this to the bailiff company and ask that all action is put on hold pending the CEO's reply.

[bizzybob]

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

Send them a copy of the receipt from the council, stating you regard the matter as closed, and any further action by JBW is therefore ultra vires, and any interference with your vehicles by JBW will be reported to police. Further any continued enforcement will be regarded as criminal harassment contrary to the Protection from Harassment Act S1

Quoted below from http://www.legislation.gov.uk/ukpga/1997/40/contents

1 Prohibition of harassment.(1)A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a)that it was pursued for the purpose of preventing or detecting crime,
(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.


If nothing is owing then JBW cannot claim this defence imho

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

and according to the Act this is the offence and penalty

2 Offence of harassment.

(1)A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

There may be other advice forthcoming that is better though, as Beagles are a resourceful crew :beagle:

There we go no disparaging comment about the bailiff.

[bluebottle]

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

Personally, I'd be writing a very stiff letter to the CEO of the council reminding him of the council's vicarious liability for their appointed enforcement agents and requesting all action is withdrawn forthwith, and a letter to that effect sent to you. Failure to act on the letter may result in legal action.

Be aware that if you write it may result in legal action, you need to be prepared to follow it through.

I would copy this to the bailiff company and ask that all action is put on hold pending the CEO's reply.

If it were me, I'd be putting the signatory to that letter and JBW on strict proof of the statement that the OP has no intention of paying the PCN and lawful fees and the veracity of the fees. Penny to a pound, they'll completely ignore it and hang themselves, as they nearly always seem to do.

[labman]

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

I'd save that for the next stage, or even for potential court action. Totally up to the OP though. :beagle:

[bluebottle]

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

Send them a copy of the receipt from the council, stating you regard the matter as closed, and any further action by JBW is therefore ultra vires, and any interference with your vehicles by JBW will be reported to police. Further any continued enforcement will be regarded as criminal harassment contrary to the Protection from Harassment Act S1

Quoted below from http://www.legislation.gov.uk/ukpga/1997/40/contents

1 Prohibition of harassment.(1)A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a)that it was pursued for the purpose of preventing or detecting crime,
(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.


If nothing is owing then JBW cannot claim this defence imho

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

and according to the Act this is the offence and penalty

2 Offence of harassment.

(1)A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

There may be other advice forthcoming that is better though, as Beagles are a resourceful crew :beagle:

There we go no disparaging comment about the bailiff.

In practice, BB, offences under Section 2, Protection from Harassment Act 1997 are difficult to prove. It is more practical to use the civil remedy provision under Section 3 of the Act and obtain an ex parte injunction, which carries criminal sanctions if breached. However, such injunctions are not to be taken lightly and should only be sought when and where absolutely necessary.

If the PCN and lawful bailiff fees have been paid to the local authority involved, JBW, really, have no justification or right in law to continue with enforcement. If a JBW bailiff attempts to enforce, regardless of the fact that the PCN has been satisfied and all lawful bailiff fees paid to the local authority involved and they have negated the warrant, this may be an indication that the bailiff is intellectually-challenged, reckless or both. Whatever, given JBW's history of bungling, nothing surprises me about this firm.

[bizzybob]

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

In practice, BB, offences under Section 2, Protection from Harassment Act 1997 are difficult to prove. It is more practical to use the civil remedy provision under Section 3 of the Act and obtain an ex parte injunction, which carries criminal sanctions if breached. However, such injunctions are not to be taken lightly and should only be sought when and where absolutely necessary.

If the PCN and lawful bailiff fees have been paid to the local authority involved, JBW, really, have no justification or right in law to continue with enforcement. If a JBW bailiff attempts to enforce, regardless of the fact that the PCN has been satisfied and all lawful bailiff fees paid to the local authority involved and they have negated the warrant, this may be an indication that the bailiff is intellectually-challenged, reckless or both. Whatever, given JBW's history of bungling, nothing surprises me about this firm.

So in extremis there may be a remedy in part under the Act, or something wlse if JBW recklessly continue enforcement even though Pierrepoint has put the noose on and pulled the lever.