proof person resides address

[Sir Vere Brayne d'Emmidge]

Re: proof person resides address

A simple Question Iv received letters stating a distress warrant issued against named person with my address on this, This person has never resided at my address they say it is up to me to prove they don't not them to prove does live here. Surely its on the person who applies for court order to provide proof this person resides here before sending bailiffs

Since the fine is for fare dodging it could well be that the culprit, who knows you, possibly a close friend or a relative, gave your name and address to the arresting officer.

Since in this Country there is no compulsion to carry ID or even to reveal your ID to a Police Officer in uniform, it is quite common for offenders to palm off their mistaminas onto someone they know, just by giving a false name and a false address that can be verified.

However a Distress Warrant has been issued to someone purporting to live at your property, unfortunately it is up to you to prove that you are not the defendant or that the defendant does not reside.

I can see that you think this exercise is a pain in the @r$e, but if Bailiffs were to believe all letters/phone calls received stating that who they are looking does not reside they would go very hungry indeed.

Swallow your pride and send them a copy of your latest Council Tax bill, if this does not stop them then you can resort to a Statutory Declaration and yes bill the b@$t@rd$ for your time and money.

[bizzybob]

Re: proof person resides address

An excellent summary Sir Vere, and what you describe is very common indeed, now if every victim did the stat dec and billed the bailiff and train co for their costs, maybe they would check. On the other hand, until they fetch up at the innocent's door they acted in good faith, and had done no wrong at that point they proceeded on the available information. If they choose to ignore all the evidence, as in a council tax bill and other ID at the door and still enforce then the bailiff now a trespasser and if they threaten violence locksmiths etc deserves all they get.

[bluebottle]

Re: proof person resides address

Since the fine is for fare dodging it could well be that the culprit, who knows you, possibly a close friend or a relative, gave your name and address to the arresting officer.

Since in this Country there is no compulsion to carry ID or even to reveal your ID to a Police Officer in uniform, it is quite common for offenders to palm off their mistaminas onto someone they know, just by giving a false name and a false address that can be verified.

However a Distress Warrant has been issued to someone purporting to live at your property, unfortunately it is up to you to prove that you are not the defendant or that the defendant does not reside.

I can see that you think this exercise is a pain in the @r$e, but if Bailiffs were to believe all letters/phone calls received stating that who they are looking does not reside they would go very hungry indeed.

Swallow your pride and send them a copy of your latest Council Tax bill, if this does not stop them then you can resort to a Statutory Declaration and yes bill the b@$t@rd$ for your time and money.

Good solid advice as always, Sir Vere. It would be my inclination to bill the buggers if they continued to behave like idiots.

[CleverClogs]

Re: proof person resides address

Since the fine is for fare dodging it could well be that the culprit, who knows you, possibly a close friend or a relative, gave your name and address to the arresting officer.

You have assumed that the miscreant was arrested.

I believe it is more likely that his supposed details would just have been written down by a "revenue protection officer", formerly known as a ticket inspector. As he would not have access (even by wireless communication) to the PNC or another means of verifying the person's address, the false data will have been recorded and the bill for the penalty fare should have been sent to that address.

However a Distress Warrant has been issued to someone purporting to live at your property, unfortunately it is up to you to prove that you are not the defendant or that the defendant does not reside.

That is, of course, quite impossible to prove.

I can see that you think this exercise is a pain in the @r$e, but if Bailiffs were to believe all letters/phone calls received stating that who they are looking does not reside they would go very hungry indeed.

Exactly how would it be bad for bailiffs to be forced to visit a food bank and not be able to levy distress on it?

[wales01man]

Re: proof person resides address

A question Sir Vere as Bailiffs seem to be able to charge for most things can the OP claim from the bailiff company the cost of a SD and and a fee for acquiring it . If not why should anyone pay after all you don't pay to tell the Police who you are

[bizzybob]

Re: proof person resides address

A question Sir Vere as Bailiffs seem to be able to charge for most things can the OP claim from the bailiff company the cost of a SD and and a fee for acquiring it . If not why should anyone pay after all you don't pay to tell the Police who you are

I'd be inclined to be cheeky, send them an invoice, then if they don't pay threaten court action and bailiffs

[CleverClogs]

Re: proof person resides address

I'd be inclined to be cheeky, send them an invoice, then if they don't pay threaten court action and bailiffs

Set Tosserdales on them?

[wales01man]

Re: proof person resides address

Send a pro-forma invoice proof provided after payment

[Sir Vere Brayne d'Emmidge]

Re: proof person resides address

A question Sir Vere as Bailiffs seem to be able to charge for most things can the OP claim from the bailiff company the cost of a SD and and a fee for acquiring it . If not why should anyone pay after all you don't pay to tell the Police who you are

All bailiffs know that when a warant is issued the address on it is the last know address recorded at Court, with this in mind they are/should be prepared to knock on a door where the defendant was a previous resident.

One must also bear in mind that the bailiff does not know the defendant or what they look like, the Court will provide with a gender and most of the time, not always, with a date of birth.

It would be obvious to a bailiff if the person answering the door was of the wrong gender or not in the same age range, even then the question can be asked politely if Joe Bloggs resides.

One other issue for bailiffs is that the reason for their visit is covered by the DPA, so can not disclose any particulars, except identify themselves as Tom Thumb on behalf of Anytown Magistrate Court.

In my experience the majority of new occupiers, when told that they could be who the bailiff is looking for (i.e. same gender/age range) will provide some sort of proof.

When that is produced then the bailiff should withdraw, if they are polite enough apologize for the inconvenience.

If sufficient documentation is provided and the bailiff persists in trying to enforce a Warrant which is now non-enforceable I do not see why the innocent party could not bill the bailiff for the time and the expense of providing further proof.