form 4 complaint

[Amethyst]

Re: Stop by police during routine check baliff took my pco reg.taxi

Russell, apologies, and with respect, I think you should sort out your own issue with the form 4 claim you made before recommending a similar route for others.

[ploddertom]

Re: form 4 complaint

I think you may have a problem trying to claim as it would appear the Judge has made his position known and if not happy you should have said so at the time. To appeal this will possibly cost you more than you are trying to claim and there is no guarantee of success, you may also leave yourself open to a risk of costs against you. Your only real choice the way I see it is to ask for independent legal advice.

[ploddertom]

Re: Stop by police during routine check baliff took my pco reg.taxi

your car is exempt and can not be taken
go to the police station and make a complaint also make a form 4 complaint you can claim loss of earnings
also a claim at county fast track against the bailiff's employer this will get your car back quickest
:doggieyes:

Form 4 for new complaints is now obsolete as from today.

[russelldash]

Re: Stop by police during routine check baliff took my pco reg.taxi

oh my days whats it called now

[ploddertom]

Re: Stop by police during routine check baliff took my pco reg.taxi

There is a totally new procedure.

[russelldash]

Re: Stop by police during routine check baliff took my pco reg.taxi

needs to learn that fast then as I was putting in one for some one next week

[Amethyst]

Re: Stop by police during routine check baliff took my pco reg.taxi

Russell, You need to sort your own stuff out and know what you are doing before helping others, sorry if that sounds harsh and it is good you want to help others.... but your complaint involved your daughter? giving evidence in court, cost you over £2k which you're now having to appeal on to try and regain some of those costs, and the bailiff has a six month revocation of his certificate? That doesn't feel like the best outcome for you, or your daughter, in that situation to me. Step back a little bit. Sharon xx

[russelldash]

Re: Stop by police during routine check baliff took my pco reg.taxi

His certificate was revoked and was told he could reapply in six months but the chance of it being returned in six months is slim after an abuse of a child as defined in the Childrens Act)

I also have a law degree

However the form 4 complaint procedure is what it say a complaint not a court case

The judge gave cost in accordance with court procedure rules This was wrong

Marstons had a barrister on the day who had dealt with lots of form 4 complaints and my case was the fist he lost

The judge did not know the procedure and was guided by there barrister that was also incorrect thing to do


The procedure
1.complaint made to the court
2.a copy of the complaint is sent too the bailiff and he /she has 14 day to reply to the court
3 if the judge decides that he is not happy with his reply a date is set for court
4 from this moment on it is similar to any county court trial

However on the first hearing the bailiffs try to put you off the complaint with submitting large expenses in my case over 2k


This is not allowed and is in the procedure rules of a form 4 however the claimant is entitled to full cost and the victim an award of compensation from the bailiffs security bound
no cost can be awarded to the bailiff

The Judge got it wrong in my case but this will be rectified in due cause

A claim can also be brought against the bailiffs employer

it would be interesting to find out under the freedom of information how many cases come before the courts and how many are upheld
My thought would be 300/1

[Amethyst]

Re: Stop by police during routine check baliff took my pco reg.taxi

It would indeed be interesting. www.whatdotheyknow.com

Did you have a solicitor representing you?

[russelldash]

Re: Stop by police during routine check baliff took my pco reg.taxi

yes and she also asked what right did the bailiff have to council a form 4 complaint
we never did get the answer and the barrister was paid by Marstons as a 3 party interest to the case

Shocking A

[Fair-Parking]

Re: Stop by police during routine check baliff took my pco reg.taxi

What was the name of Marstons barrister?

[Guest]

Re: Stop by police during routine check baliff took my pco reg.taxi

yes and she also asked what right did the bailiff have to council a form 4 complaint
we never did get the answer and the barrister was paid by Marstons as a 3 party interest to the case

Shocking A

Shocking yes but not unusual sadly, there is a thread on here somewhere. Representation is allowed as are the awarding of costs, under CPR the hearing is considered "proceedings" and the bailiff and debtor are regarded as parties to them.

[russelldash]

Re: form 4 complaint

Mark Scott

[russelldash]

Re: Stop by police during routine check baliff took my pco reg.taxi

if you read some of my other posts the full story in on hear somewhere still learning way round as post seem to go all over the place

[Fair-Parking]

Re: form 4 complaint

I don't know him but having come face to face to with Marstons barristers (in one case - in the absence of the bailiff) in Form 4 complaints (why do judges allow them to join themselves into the party?) I can tell you that they knew nothing about traffic management regulations. In one case the judge admitted that he knew nothing and he too was 'advised' of the (imagined) procedure by the barrister. A classic example of the blind leading the blind. It was embarrassingly painful to listen to.

To this day the barrister Christopher Royle is still convinced that CPR 75 (4) allows bailiffs to prepare warrants. The TEC disagrees and so does Lord McNally. If only arrogance was experience and ignorance was knowledge.