Previous Owner Tickets

[CleverClogs]

Re: Previous Owner Tickets

Well I have to disagree and say Yes,

Are you sure that's wise, considering how bailiffs and bailiff companies have wrecked that procedure over the years by insisting on a verbal hearing, packing the court with barristers and, when the complaint is dismissed, hitting the bailiff's victim with a massive bill for costs?

If it is possible to obtain insurance or other cover against such costs, then it may be worthwhile - if only to disabuse oneself of the notion that the law is fair to all.

you could also ask the Council whether they would submit a Form 5.

They'd probably not even know (or admit to knowing) what that is.

[ploddertom]

Re: Previous Owner Tickets

Are you sure that's wise, considering how bailiffs and bailiff companies have wrecked that procedure over the years by insisting on a verbal hearing, packing the court with barristers and, when the complaint is dismissed, hitting the bailiff's victim with a massive bill for costs?

Quite simply
1 - he massively overcharged the wrong person
2 - if he uses the excuse he did not know about a different address then he displays a basic lack of knowledge about Bailiff Law as it appertains to collection of PCN's.

If it is possible to obtain insurance or other cover against such costs, then it may be worthwhile - if only to disabuse oneself of the notion that the law is fair to all.


They'd probably not even know (or admit to knowing) what that is.

Turning to Newlyn
They should have returned the monies and disciplined the Bailiff - by not doing anything they are condoning this.

As for the Council
Once brought to their attention they in turn must inform Newlyn to return all monies plus a sum in consideration of the hassles so caused. They just cannot turn a blind eye and should be prepared to file a Form 5 themselves.

This type of thing goes on so much on the principle they get away with it. It's about time it was stopped and there is enough in this one for a Bailiff's suitability to be called into question.

[ainaedil]

Re: Previous Owner Tickets

Thank you for the reply.

Another question, are bailiffs allowed to clamp the car even if it is parked at someone else's driveway - Trespassing?

Thanks,

UPDATE - Newlyn acknowledged the receipt of my complaint and advised me to wait 10 days.

[CleverClogs]

Re: Previous Owner Tickets

UPDATE - Newlyn acknowledged the receipt of my complaint and advised me to wait 10 days.

Are they going to pay interest on the money improperly taken?

[ploddertom]

Re: Previous Owner Tickets

Are they going to pay interest on the money improperly taken?

@ 0.022% per day - approx £28 for the 10 days

[CleverClogs]

Re: Previous Owner Tickets

Turning to Newlyn
They should have returned the monies and disciplined the Bailiff - by not doing anything they are condoning this.

As for the Council
Once brought to their attention they in turn must inform Newlyn to return all monies plus a sum in consideration of the hassles so caused. They just cannot turn a blind eye and should be prepared to file a Form 5 themselves.

This type of thing goes on so much on the principle they get away with it. It's about time it was stopped and there is enough in this one for a Bailiff's suitability to be called into question.

I entirely agree with your criticisms of the bailiff, of Newlyns and of the council, each of which seems to have been less than clever. If Newlyn's apparent policy was not to stall, procrastinate and generally play at Silly Buggers, they'd probably have resolved the matter by now, whilst the council seems to need a reminder that it is they who are ultimately liable for the blunders of their appointed apes. Indeed, the council should now reconsider whether their contract with Newlyn plc should be allowed to run its course, as this incident must surely call into question the training and/or supervision of that company's bailiffs.

I would still advise caution when considering a Form 4 complaint, even one concerning such egregious extortion, as the complainant must consider the likely costs bill that could hit him/her when the bailiff's barrister has once again bamboozled the judge.

[CleverClogs]

Re: Previous Owner Tickets

@ 0.022% per day - approx £28 for the 10 days

Is that simple or compound interest?

Also, why should they not pay compound interest from the day their goon demanded the money?

[ploddertom]

Re: Previous Owner Tickets

There should be no costs implication this time as the Bailiff has been caught bang to rights, despite being offered proof he still blundered along.

[ploddertom]

Re: Previous Owner Tickets

Is that simple or compound interest?

Also, why should they not pay compound interest from the day their goon demanded the money?

Calculated at the County Court rate of 8% per annum and should be taken from the date the monies were taken

[CleverClogs]

Re: Previous Owner Tickets

There should be no costs implication this time as the Bailiff has been caught bang to rights, despite being offered proof he still blundered along.

I'd certainly agree, but I'd still not be entirely amazed if a Form 4 complaint were to be dismissed lest the bailiff's wee bairns starve.

[CleverClogs]

Re: Previous Owner Tickets

Something that seems not yet to have been considered is whether it would be appropriate in this case for the OP to recover his money by means of a Chargeback on the card he (presumably) used to pay the money demanded.

[ainaedil]

Re: Previous Owner Tickets

Hi, I am happy to take insurance for counter litigation just to protect fellow citizens(if possible). I do have time available to pursue the form 4. Thanks

[ainaedil]

Re: Previous Owner Tickets

Something that seems not yet to have been considered is whether it would be appropriate in this case for the OP to recover his money by means of a Chargeback on the card he (presumably) used to pay the money demanded.

I called up Barclays Visa debit card and I was told about PIN entry and duress not criteria for chargeback.

[CleverClogs]

Re: Previous Owner Tickets

I called up Barclays Visa debit card and I was told about PIN entry and duress not criteria for chargeback.

I believe that you may have been misinformed.

[ainaedil]

Re: Previous Owner Tickets

I believe that you may have been misinformed.

Can you please direct what to tell them, Visa chargeback scheme?