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The Taking Control of Goods Regulations 2013

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  • #16
    Re: The Taking Control of Goods Regulations 2013

    Originally posted by labman View Post
    What would our realistic, effective sanctions be? :beagle:
    A loaded Smith & Wesson?

    Comment


    • #17
      Re: The Taking Control of Goods Regulations 2013

      Originally posted by labman View Post
      Form 4, County Court and the LGO are pretty effective where used properly. You obviously mean a sliding scale of sanctions depending on the gravity of the offence.

      What would that be - a sliding scale of fines? Periods of suspension? What would our realistic, effective sanctions be? :beagle:
      Yes i mean for instance re controlled goods, any bailiff found to be impounding goods on this list will be liable for xxxxxxx. That sort of thing.

      Form 4 are a waste of time in my view, people are just to scared to use them, and who can blame them. There should be sanctions within the various regulations or within the TCE itself for statutory breach, as it stands it would be difficult to obtain any redress.

      County court claims have the same problem, even though they are generally below the limit , if the issue is a complex one( which most bailiff law is) your usual DJ will want to boot it upstairs to one of the higher courts, which means barristers which means the threat of costs should the claimant fail.

      Does anyone know if a statutory breach of the TCE is actionable by an individual in a county court (I will bet it isn't)?

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      • #18
        Re: The Taking Control of Goods Regulations 2013

        As far as I can ascertain, not in this context. I can find reference to individuals using it for employment issues, but for bailiff issues the LGO talks about getting councils to take action under the TCE.

        That's not cast in stone, I may be wrong, but that's the result of a quick Google.

        Comment


        • #19
          Re: The Taking Control of Goods Regulations 2013

          Originally posted by andy58 View Post
          Yes i mean for instance re controlled goods, any bailiff found to be impounding goods on this list will be liable for xxxxxxx. That sort of thing.

          Form 4 are a waste of time in my view, people are just to scared to use them, and who can blame them. There should be sanctions within the various regulations or within the TCE itself for statutory breach, as it stands it would be difficult to obtain any redress.

          County court claims have the same problem, even though they are generally below the limit , if the issue is a complex one( which most bailiff law is) your usual DJ will want to boot it upstairs to one of the higher courts, which means barristers which means the threat of costs should the claimant fail.

          Does anyone know if a statutory breach of the TCE is actionable by an individual in a county court (I will bet it isn't)?
          Originally posted by labman View Post
          As far as I can ascertain, not in this context. I can find reference to individuals using it for employment issues, but for bailiff issues the LGO talks about getting councils to take action under the TCE.

          That's not cast in stone, I may be wrong, but that's the result of a quick Google.
          I got sidetracked, looking for something which said "You are not allowed to park on double yellow lines; however, should you choose to do so, we'll do b*gger all about it!"
          Couldn't find that either, though!
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

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