Bailiff without a valid warrant of execution

[bluebottle]

Re: Bailiff without a valid warrant of execution

I just can not believe that some cretin clamped an invalid carriage....that should be enough to make them lose the certificate.

To be honest, Sir Vere, a cretin has more intelligence than to do something like that. This bailiff's actions are beneath contempt. I have no doubt the creature bragged about it back at the office. I agree that they should lose their certificate for that alone.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

Sir Vere/bluebottle, amazingly it seems that although it is not allowed to clamp a vehicle displaying a Blue Badge on the public road, there is NOTHING other than the woolly "vulnerable" list in the National Standards - which are NOT law, to stop bailiffs doing so, as they specifically retain their powers to clamp.

[bluebottle]

Re: Bailiff without a valid warrant of execution

Sir Vere/bluebottle, amazingly it seems that although it is not allowed to clamp a vehicle displaying a Blue Badge on the public road, there is NOTHING other than the woolly "vulnerable" list in the National Standards - which are NOT law, to stop bailiffs doing so, as they specifically retain their powers to clamp.

Unfortunately, it doesn't work like that DF. Disabled category VELs are issued to named individuals by DVLA under the authority of a certificate issued by the DWP's DLA Office at Blackpool. Each certificate has a serial number. A bailiff who seizes and then tries to sell a vehicle to which a Disabled category VEL has been issued will have some very awkward questions to answer as to what he/she is doing in possession of that vehicle and the VEL.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

bb, ah, didn't realise that - we should have called his bluff. But that still doesn't stop them clamping as a means of extorting money when you don't know that.

[bluebottle]

Re: Bailiff without a valid warrant of execution

bb, ah, didn't realise that - we should have called his bluff. But that still doesn't stop them clamping as a means of extorting money when you don't know that.

True. But, then, if a bailiff wishes to behave in a reckless manner, they should not be surprised if events come back and smack them in the face.

[Sir Vere Brayne d'Emmidge]

Re: Bailiff without a valid warrant of execution

Good question, BB. As the application for granting or renewal of the bailiff certificate is a judicial process, I would hazard a guess that it could be Perverting the Course of Justice. However, it is an educated guess and the question will need to be pursued with a legal professional or HMCTS in order to obtain a more authoritative answer.

Let's not forget that when applying for a new certificate/renewal, the bailiff MUST put 4 notices in the local newspaper, at weekly intervals, telling the general public that those are his/her intentions and if anyone has beef with it to speak to the Clerk to the Court.

Any such complaints are treated with confidence, and the detail of the complainant are not disclosed to the bailiff, only the nature of the complaint, for the bailiff to respond to.

[Sir Vere Brayne d'Emmidge]

Re: Bailiff without a valid warrant of execution

Sir Vere/bluebottle, amazingly it seems that although it is not allowed to clamp a vehicle displaying a Blue Badge on the public road, there is NOTHING other than the woolly "vulnerable" list in the National Standards - which are NOT law, to stop bailiffs doing so, as they specifically retain their powers to clamp.

Not quite right......a vehicle which has to pay duty, and displays a blue badge, is not exempt from clamping (although it is poor judgement to), whilst a vehicle wich is taxed as an invalid carriage i.e. £0, can not be clamped by statute, it as in the 1980 act with other exemptions (see taxi)

[bizzybob]

Re: Bailiff without a valid warrant of execution

Not quite right......a vehicle which has to pay duty, and displays a blue badge, is not exempt from clamping (although it is poor judgement to), whilst a vehicle wich is taxed as an invalid carriage i.e. £0, can not be clamped by statute, it as in the 1980 act with other exemptions (see taxi)

So Marstondales ( Marstons now own Rossendales) should be subjected to the intervention of the press. The Daily Heil and Torygraph have downers on bailiffs at the moment, and it would cause much champagne socialist chattering in the Grauniad

BTW BB a bailiff could be seriously injured around the shins if a disabled debtor decided to ram him with the projecting foot rests of a regular wheelchair, so they hasd better be careful if they try to snatch a scooter...

This bailiff needs tolchoclking around the block. Seriously Formal Complaints as far as the LGO are appropriate.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

Not quite right......a vehicle which has to pay duty, and displays a blue badge, is not exempt from clamping (although it is poor judgement to), whilst a vehicle wich is taxed as an invalid carriage i.e. £0, can not be clamped by statute, it as in the 1980 act with other exemptions (see taxi)

Sir Vere, I've googled unsuccessfully - pls could you give the name of the Act/link to the appropriate bit, please.

Currently waiting for council "final response" before off to LGO, although I have already had preliminary phone call with them.

Bailiff was only certificated in May this year, so any pointers on letter to judge would be gratefully received. The recent horror stories about thousands of pounds being awarded AGAINST the bringers of Form 4 complaints make that a non-starter though.

Thanks again
df

[bluebottle]

Re: Bailiff without a valid warrant of execution

Not quite right......a vehicle which has to pay duty, and displays a blue badge, is not exempt from clamping (although it is poor judgement to), whilst a vehicle wich is taxed as an invalid carriage i.e. £0, can not be clamped by statute, it as in the 1980 act with other exemptions (see taxi)

Thank you for that most enlightening piece of information, Sir Vere. That now makes two sticks with which to beat the bailiff.

[bluebottle]

Re: Bailiff without a valid warrant of execution

Let's not forget that when applying for a new certificate/renewal, the bailiff MUST put 4 notices in the local newspaper, at weekly intervals, telling the general public that those are his/her intentions and if anyone has beef with it to speak to the Clerk to the Court.

Any such complaints are treated with confidence, and the detail of the complainant are not disclosed to the bailiff, only the nature of the complaint, for the bailiff to respond to.

I know there have been cases where a bailiff company put notices in a local newspaper threatening anyone who submitted adverse comments about a person applying for a bailiff certificate with legal action. However, since the present District Judge took up his tenancy at the court in question, this practice appears to have ceased. The DJ is regarded as a good judge and won't stand for any nonsense from anyone.

[bluebottle]

Re: Bailiff without a valid warrant of execution

Sir Vere, I've googled unsuccessfully - pls could you give the name of the Act/link to the appropriate bit, please.

Currently waiting for council "final response" before off to LGO, although I have already had preliminary phone call with them.

Bailiff was only certificated in May this year, so any pointers on letter to judge would be gratefully received. The recent horror stories about thousands of pounds being awarded AGAINST the bringers of Form 4 complaints make that a non-starter though.

Thanks again
df

You should never submit a Form 4 unless a bailiff has done something that is so serious a judge has no choice but to revoke their certificate. The problem that now faces a lot of people who have been the victims of rogue bailiffs is that the Form 4 procedure has been overused and used inappropriately in the past.

What you are being advised to do is to send a letter to the senior judge at the bailiff's certificating court, drawing Their Honour's attention to the bailiff's actions and seeking the judge's advice as to whether they consider the bailiff should lose their certificate or whether it should lie on file and then tackle the bailiff when their certificate falls due for renewal.

The language in which such letters are written may appear a little archaic to the layman and give the impression the writer of the letter is crawling up the judge's backside, but giving the right impression and using the correct etiquette can make a difference.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

bluebottle, yes I understand that a letter to the judge and NOT a form 4 complaint is the way to go. Do you have any advice on general wording, please?

[CleverClogs]

Re: Bailiff without a valid warrant of execution

I just can not believe that some cretin clamped an invalid carriage....that should be enough to make them eligible for a double kneecapping.

I've fixed your post for you. :grin:

[CleverClogs]

Re: Bailiff without a valid warrant of execution

Run the bugger over with a mobility scooter, then reverse back over them just to make sure. Those mobility scooters can cause serious injury, especially the Class 3 type.

No, don't do that.

It would make a mess of the wheels.