Newlyn bailiff charges car clamped!!

[jobo]

hello there to everyone!

i owed council tax and had a few letters from Newlyn, tried to get the council to set up a payment plan but they wouldnt. Managed to pay it but then had N/L knock for £254.68! - i was sure i didnt owe any - anyway my daughters car was on the drive and i had to prove it was hers, i did this happily because he'd failed to notice mine was out the front too. - He'd parked facing our drive blocking her in!
it was an early morning call, 8am, my daughter offered to take little one to school and as he moved his car to allow my daughter off drive i ran to my car, he blocked my exit from the avenue got out and was furious he obviously hadnt noticed my car, i said i was going to see if my Mum could lend me the money, promptly went to the council to see what i owed which was £47 hid my car and went home. when he next knocked my daughter showed him the receipt and i asked him for a breakdown of costs, etc, he didnt have them, he had one piece of paper in his hand. He started shouting very loud about how much i owed and how often he had called and writing down things that were in my front garden (2 blue sunchairs!)
i informed him that he couldnt levy for bailiff costs only, - my council debt was now paid. He sat facing my house revving his car, clearly cross, then he got out a few times ran up to the house and banged on the door saying he'd ordered a van and now the debt had gone up to £600!!
Quite honestly i lost it!! i went out and told him to 'Bog off' grabbed his paperwork off him turned to go back in the house and he pushed me and tried to get in, this resulted in my arm being scratched. phoned Police - no involvment in a civil matter they said!! He zoomed off in the car only to return 10 minuted later revving and car facing my frontdoor, blocking access to our avenue again. i made about 20 phonecalls that day, it cost me £28 on my mobile to the council and n/l, all n/l would say was talk to the bailiff, talk to the bailiff. even when i got an agreement from someone at the council to pay £5 p/w (they got hold of n/l themselves) n/l still wouldnt accept it it just went on and on.
anyway, i couldnt keep up the payments so this fri 22/11/13 whilst i wasnt home they came and clamped my car at 5.45am , didnt knock just put letter through door for £326.70!!
Boy was i mad!! they returned at 12.15 i politely told him that hed have to wait a few days because i didnt have that sort of money, - trying to keep it nice, so he would go because i had a plan! he came to the house a few times shouting loudly, i turned my music up so ive no idea what he said. He sat outside my house till 3.15pm, i had to get someone to collect littleone from school.
once it was dark i cut the padlock with an axle grinder and removed the clamp and hid my car!

im shaking as i write this and i know i should have kept up the repayments but i cannot abide people making money out of people who dont have any!
sorry this has been a long story but i wanted to put all the facts down, i need my car to go to work, i just hope i can get there tomorrow before he calls and sees the car is no longer here! should i expect an arrest??
i appreciate it if you have taken the time to read this
jobo

[wales01man]

Re: Newlyn bailiff charges car clamped!!

what car? my lord well done I say others will disagree

[jobo]

Re: Newlyn bailiff charges car clamped!!

Hi, it was my own car :0

[jobo]

Re: Newlyn bailiff charges car clamped!!

Hi, it was my own car :0

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

hello there to everyone!

i owed council tax and had a few letters from Newlyn, tried to get the council to set up a payment plan but they wouldnt. Managed to pay it but then had N/L knock for £254.68! - i was sure i didnt owe any - anyway my daughters car was on the drive and i had to prove it was hers, i did this happily because he'd failed to notice mine was out the front too. - He'd parked facing our drive blocking her in!
it was an early morning call, 8am, my daughter offered to take little one to school and as he moved his car to allow my daughter off drive i ran to my car, he blocked my exit from the avenue got out and was furious he obviously hadnt noticed my car, i said i was going to see if my Mum could lend me the money, promptly went to the council to see what i owed which was £47 hid my car and went home. when he next knocked my daughter showed him the receipt and i asked him for a breakdown of costs, etc, he didnt have them, he had one piece of paper in his hand. He started shouting very loud about how much i owed and how often he had called and writing down things that were in my front garden (2 blue sunchairs!) Breach of Data Protection Act 1998.
i informed him that he couldnt levy for bailiff costs only, - my council debt was now paid. He sat facing my house revving his car, clearly cross, then he got out a few times ran up to the house and banged on the door saying he'd ordered a van and now the debt had gone up to £600!! Breach of the Peace and, possibly, Public Order Act offences.
Quite honestly i lost it!! i went out and told him to 'Bog off' grabbed his paperwork off him turned to go back in the house and he pushed me and tried to get in ... If he has not gained peaceable entry to your home on a previous occasion, does not have a valid and lawful levy on goods inside your home or does not have a court order signed in ink by a judge, his actions, in your case, are totally unlawful and, quite possibly, illegal, too.

...this resulted in my arm being scratched. Did you ask him when he last cut his fingernails?

...phoned Police - no involvement in a civil matter they said!! Cobblers! They should have attended and carted this bailiff off to custody. Was it a civilian call handler you spoke to or a police officer? I would make a formal complaint directly to the chief constable of your local police force. Btw, who is your local police force?

He zoomed off in the car only to return 10 minuted later revving and car facing my front door, blocking access to our avenue again. i made about 20 phonecalls that day, it cost me £28 on my mobile to the council and n/l, all n/l would say was talk to the bailiff, talk to the bailiff. even when i got an agreement from someone at the council to pay £5 p/w (they got hold of n/l themselves) n/l still wouldn't accept it it just went on and on. If the council told Newlyns to back off, that is serious.

anyway, i couldnt keep up the payments so this fri 22/11/13 whilst i wasnt home they came and clamped my car at 5.45am , didnt knock just put letter through door for £326.70!! Before 6.00 am, the levy and seizure are probably invalid.

Boy was i mad!! they returned at 12.15 i politely told him that he'd have to wait a few days because I didn't have that sort of money, - trying to keep it nice, so he would go because I had a plan! He came to the house a few times shouting loudly, I turned my music up so I've no idea what he said. He sat outside my house till 3.15pm, I had to get someone to collect little one from school. Is this bailiff looking for another job? Because he's certainly going to need it after the way he has behaved in your case.

once it was dark i cut the padlock with an axle grinder and removed the clamp and hid my car! Maybe, not such a good idea. However, one of our other members who was a bailiff may be able to advise as to the legality of what you did.

im shaking as i write this and i know i should have kept up the repayments but i cannot abide people making money out of people who dont have any!
sorry this has been a long story but i wanted to put all the facts down, i need my car to go to work, i just hope i can get there tomorrow before he calls and sees the car is no longer here! should i expect an arrest?? If anyone should expect arrest, it should be the bailiff. His behaviour is totally unacceptable.
i appreciate it if you have taken the time to read this
jobo

Hi Jobo and welcome to Legal Beagles.

I've made some comments in the quote box above, I'm going to ask one of our other members, who was a bailiff, to look in and give an informed opinion. I am a retired policeman and from what I have read, this bailiff is in serious trouble. It would not surprise me if he is line to lose his certificate.

[jobo]

Re: Newlyn bailiff charges car clamped!!

Bluebottle, Thank you so much for replying!
I was very dissapointed the POlice wouldnt help, they did say 'has he assaulted you?' but I said no as i myself used foul language and pushed him off me, (this is logged at basildon council recovery section who i must admit were fab! so i said no. The lady in recovery had everything down that had occured, i was shocked at that, and yes the council told them to back off, i cant fault their help. Basildon is my local force. - Ive just realised that they wont be here tomorrow, as it was Fri this happened.
I understand that they cannot take anything or do this to the car because it is for bailiff charges only, at least i hope im right!! i dont think he can use that liability order to call at my dwelling, as surely its finished/over as the council tax is paid? i am prepared that if and when he calls he will want the clamp back im not sure wether to ask him to prove it was his? play blonde and pretend i thought he'd taken car, or be prepared for the charge of criminal damage?? i have a form to take the clamp to Local Police station and leave it there for him to collect, should i do this?
I have just posted my first letter to Bas council about this, ive reported him to the Action Fraud Police, the ball is rolling now and i will follow this through' i cannot believe he had over 3 hours to sit outside and intimidate me, talking to the neightbours! anyways, thankyou again jobo

[bizzybob]

Re: Newlyn bailiff charges car clamped!!

If he levied the sunchairs for his fees only, surely he can't come back and have the car as in a second levy on same (alleged) debt Also isn't clamping before 6 am dodgy and potentially unlawful?

[jobo]

Re: Newlyn bailiff charges car clamped!!

Bluebottle, Thank you so much for replying!
I was very dissapointed the POlice wouldnt help, they did say 'has he assaulted you?' but I said no as i myself used foul language and pushed him off me, (this is logged at basildon council recovery section who i must admit were fab! so i said no. The lady in recovery had everything down that had occured, i was shocked at that, and yes the council told them to back off, i cant fault their help. Basildon is my local force. - Ive just realised that they wont be here tomorrow, as it was Fri this happened.
I understand that they cannot take anything or do this to the car because it is for bailiff charges only, at least i hope im right!! i dont think he can use that liability order to call at my dwelling, as surely its finished/over as the council tax is paid? i am prepared that if and when he calls he will want the clamp back im not sure wether to ask him to prove it was his? play blonde and pretend i thought he'd taken car, or be prepared for the charge of criminal damage?? i have a form to take the clamp to Local Police station and leave it there for him to collect, should i do this?
I have just posted my first letter to Bas council about this, ive reported him to the Action Fraud Police, the ball is rolling now and i will follow this through' i cannot believe he had over 3 hours to sit outside and intimidate me, talking to the neightbours! anyways, thankyou again jobo

[bizzybob]

Re: Newlyn bailiff charges car clamped!!

Bluebottle, Thank you so much for replying!
I was very dissapointed the POlice wouldnt help, they did say 'has he assaulted you?' but I said no as i myself used foul language and pushed him off me, (this is logged at basildon council recovery section who i must admit were fab! so i said no. The lady in recovery had everything down that had occured, i was shocked at that, and yes the council told them to back off, i cant fault their help. Basildon is my local force. - Ive just realised that they wont be here tomorrow, as it was Fri this happened.
I understand that they cannot take anything or do this to the car because it is for bailiff charges only, at least i hope im right!! i dont think he can use that liability order to call at my dwelling, as surely its finished/over as the council tax is paid? i am prepared that if and when he calls he will want the clamp back im not sure wether to ask him to prove it was his? play blonde and pretend i thought he'd taken car, or be prepared for the charge of criminal damage?? i have a form to take the clamp to Local Police station and leave it there for him to collect, should i do this?
I have just posted my first letter to Bas council about this, ive reported him to the Action Fraud Police, the ball is rolling now and i will follow this through' i cannot believe he had over 3 hours to sit outside and intimidate me, talking to the neightbours! anyways, thankyou again jobo

If the council had told Screwlyn, or even Screwloose to back off BEFORE his visit, then he is a bigger muppet than we first thought, and the clamp was unlawfully applied, allowing you to cut the lock off, I'm sure other Beagles will comment further .

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

I have asked Sir Vere to look in on this thread and advise.

Jobo,

You mention Basildon. Since Basildon is in Essex, is your local police force Essex Police or Metropolitan Police? I do know some areas that were previously part of the Metropolitan Police District ceased to be served by MP and responsibility for policing passed to Essex Police, Hertfordshire Constabulary, Kent Police and Surrey Constabulary.

You have mentioned that Basildon Council instructed Newlyns to cease all enforcement action. This means that the bailiff and Newlyns acted without lawful authority, particularly, if the Liability Order was recalled.

I have a feeling both Newlyns and their bailiff would be very unwise indeed to even think about pursuing a complaint of Criminal Damage to their wheelclamp, given what he did.

I note you have reported him - and, I hope, Newlyns - to Action Fraud and would also suggest you report his inability to keep his mouth shut about your affairs and broadcast them to your neighbours to the Information Commissioner's Office. Newlyn - as data controller - would be who you would report.

[jobo]

Re: Newlyn bailiff charges car clamped!!

Thanks again Bluebottle, i look forward to Sir Vere's comments. My local Police Force is Essex, - i shall have a word with one of my neighbours tommorrow, he was so nosy he went out and 'polished' his car next to one of the vans! i'll check to see if they said anything to him about me, then i will complain to the Information Commissioners Office.
i have managed to pay all the monies owed, most of it on the Newland site, (where it says you cant pay if you're car has been clamped!) but i managed it, but had to pay £35 by transcash which will take 5 days from sat to go through. (this makes me wonder if they ARE aware the car has been clamped and wether the letters are correct!
Incidentally, i rang Newlands Fri am and got through to a young lady who, when i explained my car had been clamped said 'no, he cant do that, its not on our records he's coming to you today and everything should be logged' she said she'd check and come back to me, but of course she didnt ring.
when i next got through to them all they kept saying again was ring the Bailiff direct, REPEAT, REPEAT, ETC
so i dont imagine he'll come round to remove his clamp untill that £35 has cleared, or he comes to take the car because it hasnt cleared.
nethertheless i shall still pursue this for the bailiff fees
Jobo

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

Thanks again Bluebottle, I look forward to Sir Vere's comments. My local Police Force is Essex. I shall have a word with one of my neighbours tomorrow He was so nosy, he went out and 'polished' his car next to one of the vans! I'll check to see if they said anything to him about me, then I will complain to the Information Commissioners Office. Complain to the Chief Constable of Essex for the failure of his officers to attend. It might have been better if you had told them the bailiff assaulted you. The attempt to force his way past you is sufficient to warrant Battery. At the very least, a Breach of the Peace was taking place and the police should have attended in any case to prevent its continuation. You would have been completely within your rights to shove the bailiff out of your front door and put him flat on his arse on the pathway, given the circumstances (R -v- Tucker [2012]). You can report Newlyns to the ICO because of what Megaphone Mouth was shouting in the street about what you owed and any other information relating to your private affairs.
I have managed to pay all the monies owed, most of it on the Newlyn site, (where it says you cant pay if you're car has been clamped!) but i managed it, but had to pay £35 by transcash which will take 5 days from sat to go through. (this makes me wonder if they ARE aware the car has been clamped and whether the letters are correct!
Incidentally, i rang Newlyns Fri am and got through to a young lady who, when I explained my car had been clamped said 'no, he cant do that, its not on our records he's coming to you today and everything should be logged' she said she'd check and come back to me, but of course she didnt ring.
when I next got through to them all they kept saying again was ring the Bailiff direct, REPEAT, REPEAT, ETC
so I don't imagine he'll come round to remove his clamp untill that £35 has cleared, or he comes to take the car because it hasnt cleared.
nevertheless i shall still pursue this for the bailiff fees
Jobo

You may also wish to speak to Basildon Council and sound out if they are going to submit a Form 5 to the court that issued the bailiff's certificate. If not, you may wish to consider writing a letter, accompanied by statements from neighbours, records from Basildon Council - the instruction to cease enforcement action and record of the assault on you would be invaluable - plus a photo of the injury you sustained, all of which would be persuasive, to the Circuit or District Judge at the court that issued the bailiff's certificate. The judge can do one of three things -

a. Invite you to submit a Form 4 complaint. This is not something you should consider without careful thought. Bailiffs summoned to answer Form 4 complaints often go into court with a barrister who proceeds to pervert the hearing into litigation and lands the complainant with significant costs; or

b. Leave the matter on file until the bailiff's certificate falls due for renewal, then bring it up at the hearing to renew the certificate; or

c. Revoke the bailiff's certificate without inviting a Form 4 complaint or convening a hearing. This is rare, but courts have the power to do so under the Civil Procedures Rules 1998.

[Sir Vere Brayne d'Emmidge]

Re: Newlyn bailiff charges car clamped!!

Hello Jobo. Just read through the thread. What the bailiff did after he was told that the LO had been lifted is quite illegal, I am sure that a decent Police Sergeant would find a couple of criminal charges that would fit like a glove, and perhaps a leasurly walk down to the local Cop Shop, for an informal chin wag with the Station Sergeant would not go amiss, however this is my advice to you.

Take the clamp and the sawn off padlock to your local Knick, with the form that you mentioned, and leave it with the person in charge of lost property .... do not forget to make a note of the padlock make, size and model, because you might have to buy a new one .... do state somewhere that the clamp was applied at 05:45, because that is one mistake that the bailiff made, enforcing outside permissable hours.

Second big mistake he made was discussing your affairs with the neighbours, for this I would write to Newlyn, register with them a formal complaint about it and also copy the same letter to the Leader of the Council. May I suggest that any correspondence is sent recorded delivery.

The rest is a bit tricky....how many times did the bailiff attend before you paid the money to the Council?

Did the bailiff leave any notices in sealed envelopes for your attention?

If so, do these notices tell you how much is owed and why?

Before the bailiff visits did you receive a letter from Newlyn stating that they have been instructed by (I asume) Basildon Town Council for £XXX.XX?

Depending on your answers I will be able to advise you further, but I would be surprised if Newlyn, and the muppett they sent round your place, will continue this line of action for their fees, after all that went wrong in the first place.

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

How much - if any - "commission" would be paid by Newlyn to Basildon Council?

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

Hello Jobo. Just read through the thread. What the bailiff did after he was told that the LO had been lifted is quite illegal, I am sure that a decent Police Sergeant would find a couple of criminal charges that would fit like a glove, and perhaps a leasurly walk down to the local Cop Shop, for an informal chin wag with the Station Sergeant would not go amiss, however this is my advice to you.

Take the clamp and the sawn off padlock to your local Knick, with the form that you mentioned, and leave it with the person in charge of lost property .... do not forget to make a note of the padlock make, size and model, because you might have to buy a new one .... do state somewhere that the clamp was applied at 05:45, because that is one mistake that the bailiff made, enforcing outside permissable hours.

Second big mistake he made was discussing your affairs with the neighbours, for this I would write to Newlyn, register with them a formal complaint about it and also copy the same letter to the Leader of the Council. May I suggest that any correspondence is sent recorded delivery.

The rest is a bit tricky....how many times did the bailiff attend before you paid the money to the Council?

Did the bailiff leave any notices in sealed envelopes for your attention?

If so, do these notices tell you how much is owed and why?

Before the bailiff visits did you receive a letter from Newlyn stating that they have been instructed by (I asume) Basildon Town Council for £XXX.XX?

Depending on your answers I will be able to advise you further, but I would be surprised if Newlyn, and the muppett they sent round your place, will continue this line of action for their fees, after all that went wrong in the first place.

Many thanks for looking in, Sir Vere. Good solid advice as always.