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

[bluebottle]

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

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.

In all honesty, BB, Harassment, as defined by the PfHA, would not be appropriate, in the OP's case, unless JBW or their bailiffs continued with enforcement, regardless, and failed to desist in the face of the local authority telling them the warrant had been negated and the OP had served them with a Notice to Cease and Desist, although, such a notice is not always necessary. Demanding fees not permitted by applicable legislation or for work not carried out, quite simply, is Fraud. If the demands are accompanied by threats, then it escalates to the more serious offence of Blackmail. It has become clearly evident that certificated bailiffs, even those of limited intellectual ability, believe they are untouchable and above the law and can do whatever they like without fear of recourse. Communities and Local Government Secretary Eric Pickles' recent statement is an encouraging sign that the politicians are beginning to take the problems of bully-boy/girl bailiffs seriously. Let's just hope they go further and clamp down on the abuses that blight the lives of those who are, all too often, on the receiving end of bailiffs' malpractices, not to mention leave creditors in no doubt of the liability they hold for the actions of their contracted enforcement agents. Where CT arrears are involved it is those who pay CT who need to call their elected representatives to account for the actions of bailiffs engaged, in their name, to collect arrears. There also needs to be greater accountability of local government officers who are clearly not doing anything to ensure the law is being observed or that when the line is crossed, sanctions are imposed on the bailiff company, including cancellation of its contract.

[bizzybob]

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

Above all then councils and their officers and elected members should be reminded of the councils liability for anything their bailiff does right or wrong.

[Fizz]

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

Thank you :grouphug:
I'll need some hand holding with a reply, not brilliant at this sort of thing, first time I've really made a stand against bailiffs.

I haven't received a letter from TEC or from the boroughs parking services, requesting case be returned to council for administration. Do I send something stronger and how exactly would I pen this?

[bluebottle]

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

Thank you :grouphug:
I'll need some hand holding with a reply, not brilliant at this sort of thing, first time I've really made a stand against bailiffs.

I haven't received a letter from TEC or from the boroughs parking services, requesting case be returned to council for administration. Do I send something stronger and how exactly would I pen this?

When did you send the necessary forms to TEC, Fizz?

[bluebottle]

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

Above all then councils and their officers and elected members should be reminded of the councils liability for anything their bailiff does right or wrong.

Exactly, BB. If they are not told, they will assume everything is hunk dory and carry on. Apathy is the ally of tyranny. The phrase that comes to mind - and I hope I have this right - is "Evil occurs when good men do nothing."

[Fizz]

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

When did you send the necessary forms to TEC, Fizz?

They were more letters of complaint than 'forms. Sent on the 20 and 22 July. Copied to the councils parking services, and JBW, by email and post.

One regarding the bailiffs conduct, requesting they instruct JBW to cease harassing and being a nuisance, and consider fine be paid.

The other was in relation to the paid PCN, fees, and no notification of other 4 refs provided by JBW, requestion resolution by the following:
Return the case to council administration immediately.
The council makes the necessary investigation as to why I am being over-charged.
Do the necessary work to ensure the person responsible for over-charging me is made accountable under both, civil law and criminal law and the investigation is carried out objectively and professionally.
I request that you instruct JBW to cease harassing and being a nuisance.
I request the fine HQxxx/JB ref xxx134 be considered paid

[bluebottle]

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

They were more letters of complaint than 'forms. Sent on the 20 and 22 July. Copied to the councils parking services, and JBW, by email and post.

One regarding the bailiffs conduct, requesting they instruct JBW to cease harassing and being a nuisance, and consider fine be paid.

The other was in relation to the paid PCN, fees, and no notification of other 4 refs provided by JBW, requestion resolution by the following:
Return the case to council administration immediately.
The council makes the necessary investigation as to why I am being over-charged.
Do the necessary work to ensure the person responsible for over-charging me is made accountable under both, civil law and criminal law and the investigation is carried out objectively and professionally.
I request that you instruct JBW to cease harassing and being a nuisance.
I request the fine HQxxx/JB ref xxx134 be considered paid

Where a PCN has not been paid and it gets to the stage of a charge certificate being issued, you incur liability for the following -

a. PCN + court costs;
b. Legitimate fees permitted under the Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003.

You are not required to pay any fees not permitted under the aforementioned legislation or for work not carried out. JBW have a habit of charging Attend to Levy and Attend to Remove fees on the same date. This is a no-no. If you have paid what is lawfully due to the local authority who issued the PCN, including legitimate bailiff fees, I can see no justification for JBW's continued involvement in this matter.

Whether the person responsible for over-charging you is held criminally-responsible will depend on a number of factors, the extent of the over-charging being a determining factor. Anything under £200 is unlikely to go anywhere and you would, in all probability, be better pursuing the matter through the Small Claims Court. However, if the extent of the over-charging exceeds £200 and there is clear evidence that it is blatant, that is a different matter.

[Fizz]

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

OK this is really getting ridiculous!
This morning I was pulled over by the police, I pull in, I see the bailiff, I had been pingged on the ANPR.
Stated I had a number of complaints and quiries waiitng to be resolved - conduct and fees. Have recieved a conmfirmation email from the bailiff complany stating they were investigating and woyuld get beack to me with a resolution. Recipet, letters and email shown to police.

Police admitted werent familaiar with bailiff law.

Long story short - I asked what legal authroiruty police had for keeping me " we're here so keep the peace", I asked the bailiff, it wasnt him "who pulled me over". I stated I was leaving. Bailiff then declared hes seizing car, went for the key in ignition, I got there first before he tried to boucnce me out the way, I had my hand over key, he had his hand gripping mine, police man made himself scarce (so much for ensuring peace werent breached) bailiff called over another to clamp my car - 6yo screaming in back of car.

After a phone call to the bailiff company, requested by the police, customer services confirmed case on hold pending outcome of investigation. Bailiff not happy and had asked to speak with someone else to push his point - result was same - case on hold pending outcome of investiagtion.

Bailiff had to remove clamp.

How on earth can this be alllowed to happen? The police working jointly with bailiffs for the collection of parking fines!!!! The police can't even protect the public from bailiffs doing as they please, and didnt even intervene when this great big massive bloke bounced and grabbed me, and my child distress seeing this guy manhandle me!!!

And yes, this is the same bailiff who turned up at a place of work, causing a disturbance.

I'm not happy, its a disgrace.

[bizzybob]

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

Formal complaint to the council and police Autholrity for the area perhaps, maybe bluebottle can suggest another course of action.

[labman]

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

I understand you had the little 'un with you, but did you manage to get the details of the bailiff and policeman? If not, we need to write to the bailiff company and get details. This should result in a formal complaint, and I agree entirely that this recent trend of the police working directly with the bailiffs is very disturbing.

[Fizz]

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

I understand you had the little 'un with you, but did you manage to get the details of the bailiff and policeman? If not, we need to write to the bailiff company and get details. This should result in a formal complaint, and I agree entirely that this recent trend of the police working directly with the bailiffs is very disturbing.

Thanks Labman, it did cross my mind to get the pc's numbers but so much was going on, and my son very upset.. They (police) clearly didnt approve of what was going on but they didnt take authority over the situation.

I know the bailiff, its the same one . Think he will go to the endth degree to get me or the car. He has taken this very personal.

[Fizz]

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/

[ODC]

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

Definately a formal complaint to Police. They had no power to detain you. They have upset your child and made a public spectacle of you>Do not be fobbed off by police. Demand to speak to the Duty Inspector

[CleverClogs]

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

I know the bailiff, its the same one . Think he will go to the endth degree to get me or the car. He has taken this very personal.

So do likewise.

Press charges against the oaf for assault and battery.

[CleverClogs]

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/

Is it actually legal for the woodentops to stop vehicles unless they have "reasonable suspicion" that a moving traffic offence is being committed or has recently been committed?

Perhaps you should ask your local Police and Crime Commissioner what crimes he actually has commissioned?