So, the government's doing away with tax discs ...........

[bluebottle]

Re: So, the government's doing away with tax discs ...........

MD,

As I am sure you are well aware, a court would expect a certificated bailiff to carry out sufficient checks to establish they had a right in law to seize a motor vehicle. Seizing a third party vehicle without conducting sufficient checks and then expect nothing to happen is, if I may say, being a little too optimistic to say the least. Jacobs, a certificated bailiff operation, found out just how expensive seizing a third-party vehicle without conducting sufficient checks can be.

Any certificated bailiff who fails to carry out sufficient checks as to the ownership of a motor vehicle before attempting to seize it for whatever reason should not be surprised if it comes back and bites them hard on the backside. Bailiffs who claim they can seize third-party goods, knowing very well they cannot, deserve to lose their certificates as this clearly raises questions as to their fitness to act as a bailiff.

[Monkey Drunk]

Re: So, the government's doing away with tax discs ...........

Any bailiff who seizes a vehicle without have first conducted a check with DVLA is going to have more than the loss of their certificate to worry about.

If the bailiff has good reason to believe a vehicle is owned by the debtor named on the court order (such as when the debtor is seen driving the vehicle), they have every right to seize the vehicle to ascertain who it belongs to without first checking with the DVLA. Cars are no different from any other assets, especially when parked within the grounds of the warrant address. It is simply good practice to check with the DVLA first.

That is surely your best joke yet.


Bailiffs seize first and - maybe - think later. Even the useless "guidelines" and "best practice" twaddle only suggests checking DVLA data when the bailiff wants to lift a vehicle - which could have been clamped for days or weeks by then.




It must be truly wonderful to have such a delightfully innocent and naive view of the world.

The world I live in is certainly not innocent and my view of the world certainly isn't naive. I've been working in the industry for a decade now so I like to think I've got some experience with these matters. Of the 700 or so certificated bailiffs operating in England and Wales that attempt to execute thousands of warrants on a daily basis, this website along with the other established help forums get maybe a handful of new threads on a daily basis if they're lucky. If you think what you read on here is a fair reflection of the "norm" then I suggest it is you who has a naive and innocent view of the world.


Considering how long you've been a member here and the number of posts you've amassed, maybe it's about time you got out more into the real world instead of spending so much time putting the world to rights in here? It's easy to get wrapped up in an online world and unfortunately, when you constantly read the same old anti-establishment mantra from the same people every day, it's understandable that you start to think the same as your peers.

Monkeydrunk - re the bit I bolded above - can you elaborate please - are you saying that if a bailiff did a DVLA check on a vehicle he could be in no doubt if it had a disabled nil rate tax disc? As in that info would automatically be supplied without him having to ask about it specifically? Does anyone have a link/document showing that? Pretty pretty please - it would go a long way to dropping a certain bailiff even deeper in the excrement :-)

The DVLA reports I see on a daily basis are very clear when it comes to motability vehicles. The registered keepers name is followed by a series of random numbers which clearly denote a motability interest.

Vehicles which are just registered "disabled" are not so obvious as the motability cars. The report simply contains the word "Disabled" on a section of the report but to be honest could easily be missed if not paying proper attention.

Unfortunately, I couldn't post an example due to data protection.

Re: So, the government's doing away with tax discs ...........

I have a feeling that senior officers will be keen to speak to him very soon

With or without coffee?

[enquirer]

Re: So, the government's doing away with tax discs ...........

... the MP who allegedly called a police officer a "pleb" is being sued by the officer concerned for libel

I have a feeling that senior officers will be keen to speak to him very soon (particularly those nearing retirement who can see their K disappearing over the horizon).

[bluebottle]

Re: So, the government's doing away with tax discs ...........

Does anyone really believe what ANY politician says to get elected? No!
I may disagree with your vision of a new political system but I agree with your views on politicians and so called Civil servants What you call "vision" is what is needed to stop the corruption that is inherent in the current political system. I had to deal with MPs and civil serpents when I was in the police, so speak from experience. Btw, have you seen that the MP who allegedly called a police officer a "pleb" is being sued by the officer concerned for libel? Perhaps said MP might now realise he is a servant of the people, not one of their masters, and that he is subject to the same laws as everyone else.

@@@@

[Fair-Parking]

Re: So, the government's doing away with tax discs ...........

Most of the problems with parking and minor traffic enforcements stem from assumptions and presumptions that have no basis of fact and in this case there seems to be a line of thought that a bailiff should contact the DVLA before ascertaining the identity of the registered keeper.

Sorry to pop this extra assumption and presumption but there is no statute which supports this. Not the Traffic Management Act 2004, Enforcement of Road Traffic Debts Order 1993, Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 or the Civil Procedure Rules, TEC Users Guide or Department of Transport Operational Guide (Parking Policy). Most of all not the Data Protection Act 1998 which actively prevents such an occurence.

Its one of those myths that has been around long enough to obtain the status of 'It must be true because we have always done it this way and because of that we believe it to be true'.

Please do not make it worse by pointing out that the BPA members are entitled to receive information from the DVLA. When did this country pass a law to say that this single private members club is exempt from statute and can dictate policy to the DVLA?

[dementedfeline]

Re: So, the government's doing away with tax discs ...........

If the bailiff is following procedure, he'll have a recent valid DVLA check (within last 60 days preferably) on any vehicle he wishes to seize. The lack of a tax disc will have little bearing on matters as the DVLA check includes clear markers for vehicles registered for disabled drivers and / or owned by motability finance.

As for car parks displaying 'free for disabled tax disc holders', these signs would simply need amending to 'blue badge holders' which I believe most are already.

Monkeydrunk - re the bit I bolded above - can you elaborate please - are you saying that if a bailiff did a DVLA check on a vehicle he could be in no doubt if it had a disabled nil rate tax disc? As in that info would automatically be supplied without him having to ask about it specifically? Does anyone have a link/document showing that? Pretty pretty please - it would go a long way to dropping a certain bailiff even deeper in the excrement :-)

Also, re the carparks - at the moment, there are some that say blue badges pay but disabled tax discs don't. So that would lead to loss of revenue which I can't imagine would be popular if extended to all blue badge holders........

Re: So, the government's doing away with tax discs ...........

If the bailiff is following procedure, he'll have a recent valid DVLA check (within last 60 days preferably) on any vehicle he wishes to seize.

:rofl:

That is surely your best joke yet.

Bailiffs seize first and - maybe - think later. Even the useless "guidelines" and "best practice" twaddle only suggests checking DVLA data when the bailiff wants to lift a vehicle - which could have been clamped for days or weeks by then.

There may of course be situations where a bailiff legally seizes a vehicle to ascertain who it belongs to while a DVLA check in carried out and these could be problematic in the short term until ownership has been established. That said, any bailiff taking such action may well have to properly justify such actions or risk losing his badge.

It must be truly wonderful to have such a delightfully innocent and naive view of the world.

[bluebottle]

Re: So, the government's doing away with tax discs ...........

If the bailiff is following procedure, he'll have a recent valid DVLA check (within last 60 days preferably) on any vehicle he wishes to seize. The lack of a tax disc will have little bearing on matters as the DVLA check includes clear markers for vehicles registered for disabled drivers and / or owned by motability finance. Nothwithstanding DVLA's talent for cocking things up. Also, the reality of bailiffs and DVLA checks is that the buggers claim to have carried them out, when, in fact, they have not.

There may of course be situations where a bailiff legally seizes a vehicle to ascertain who it belongs to while a DVLA check in carried out and these could be problematic in the short term until ownership has been established. That said, any bailiff taking such action may well have to properly justify such actions or risk losing his badge.n't Any bailiff who seizes a vehicle without have first conducted a check with DVLA is going to have more than the loss of their certificate to worry about.

As for car parks displaying 'free for disabled tax disc holders', these signs would simply need amending to 'blue badge holders' which I believe most are already. Some local authorities provide free parking to Disabled VEL holders only and not Blue Badge holders, whilst others have a "Blue Badge Holders" policy. They need to think about that before implementing their proposals. It might help if they thought things through first and did not rush things out and wring their hands when everything goes mammaries up.

@@@@

Re: So, the government's doing away with tax discs ...........

I agree with your views on politicians and so called Civil servants

I call those varmints Swivel Servants.

[Monkey Drunk]

Re: So, the government's doing away with tax discs ...........

If the bailiff is following procedure, he'll have a recent valid DVLA check (within last 60 days preferably) on any vehicle he wishes to seize. The lack of a tax disc will have little bearing on matters as the DVLA check includes clear markers for vehicles registered for disabled drivers and / or owned by motability finance.

There may of course be situations where a bailiff legally seizes a vehicle to ascertain who it belongs to while a DVLA check in carried out and these could be problematic in the short term until ownership has been established. That said, any bailiff taking such action may well have to properly justify such actions or risk losing his badge.

As for car parks displaying 'free for disabled tax disc holders', these signs would simply need amending to 'blue badge holders' which I believe most are already.

[wales01man]

Re: So, the government's doing away with tax discs ...........

Does anyone really believe what ANY politician says to get elected?
I may disagree with your vision of a new political system but I agree with your views on politicians and so called Civil servants

[bluebottle]

Re: So, the government's doing away with tax discs ...........

Perhaps the number of ANPR cameras will increase and when an untaxed car is seen the traffic police will be called to catch the offender seize the car and fine them ,
That will keep untaxed cars off the road.

I am now fully awake ! Major problem?Where are the police to do this?

Anther cunning plan from HMs Government thought out over a beer and written on a fag packet

Plus those following an agenda that wasn't in the political parties' manifestos when they conned the electorate at the last General Election.

[wales01man]

Re: So, the government's doing away with tax discs ...........

Perhaps the number of ANPR cameras will increase and when an untaxed car is seen the traffic police will be called to catch the offender seize the car and fine them ,
That will keep untaxed cars off the road.

I am now fully awake ! Major problem?Where are the police to do this?

Anther cunning plan from HMs Government thought out over a beer and written on a fag packet

[bluebottle]

Re: So, the government's doing away with tax discs ...........

It clearly sounds like some disingenuous creeps are deliberately trying to stir up trouble. The way to deal with this is for peeps to bombard their MPs with complaints and give Cabbage Patch Cameron and Gideon Osborne a hard time about it, too. They'll soon learn they aren't in charge. It's also time to let their civil serpents know they aren't in charge either. Both are servants of the people, not their masters.