Marstons Notice of Enforcement

[bizzybob]

Re: Marstons Notice of Enforcement

I am entitled to a Disabled VEL, BB, due to my being on Higher Rate Mobility Component of DLA. Those who are on this rate are issued with a certificate by DWP which bears a serial number. Both the claimant's name and the serial number are laser-printed onto the certificate. This certificate is forwarded to DVLA so that they can register the claimant's exemption from Vehicle Excise Duty (Road Tax). Any EA who cannot be bothered to conduct even rudimentary checks as to the status of a motor vehicle and seizes it out of greed, laziness or dishonesty deserves to have it come back and bite them hard on the backside.

We can take it that DLA HR mobility and the Zero VED is a definite exemption from seizure whatever the ownership of the vehicle it applies to then, I forsee a nasty case coming up at a roadside operation or even a doorstep call for council tax or whatever, if they are allowed to carry on where a Zero VED disabled cclass vehicle not on finance is taken then

[bizzybob]

Re: Marstons Notice of Enforcement

A continuous display of a Bule badge is this for the Baillif or law for all blue badge holders after all the badge is for the Holder not the car?
Is this another cock up in the new Bailiff rules

Exactly Wales, they need some cast iron method to ID these vehicles and the tax disc was 100% good, the Bailiff EA ignored it at his peril

[bluebottle]

Re: Marstons Notice of Enforcement

It would be a simple matter to produce a sticker to affix to the inside of the windscreen incorporating the international disabled symbol - white wheelchair on blue background - and a panel underneath with the Royal Crest and "Driver & Vehicle Licensing Agency", the DLA claimant's unique serial number and the words INVALID CARRIAGE on it.

This could be facilitated by a Statutory Instrument which could include provisions to -

a. allow the manufacture, issue and use of the stickers;
b. prohibit the seizure of such vehicles by police, EAs, customs, etc.;
c. create an offence of unlawful possession of vehicles bearing such a sticker, such provision being aimed, primarily, at EAs and tow truck firms that aid and abet them to seize people's vehicles. It could also be used to combat repo men who work for logbook lenders from taking disabled persons' vehicles and motor auction houses.

In the case of c., if an SI carries a penalty of forfeiture of a tow truck or a hefty fine, tow truck firms would soon find it uneconomical to accept orders from civil enforcement companies. If a log book lender was held liable along with their repo men, I suspect it would lead to them refusing loans to disabled persons.

Whatever, something has to be done that clamps down on the sort of unlawful behaviour we see on the LB forums, involving disabled persons' vehicles, clamps down effectively and hurts civil enforcement companies, EAs, logbook lenders and their henchmen where it hurts them most - their bank balance.

[bizzybob]

Re: Marstons Notice of Enforcement

looks good in principle BB, but a prohibition on clamping such a vehicle by EAs with the same penalties for doing so would be required also, as they usually clamp before they knock on the door, and if the disabled person is in hospital, the car may be gone before they are home.

[bluebottle]

Re: Marstons Notice of Enforcement

looks good in principle BB, but a prohibition on clamping such a vehicle by EAs with the same penalties for doing so would be required also, as they usually clamp before they knock on the door, and if the disabled person is in hospital, the car may be gone before they are home.

That is covered by b. (Prohibition of Seizure) and c. (Unlawful Possession), BB. The EA, tow truck operator and auction house would be in the crap the moment some mug who buys it at an auction tries to register it and DVLA check with the disabled owner/keeper to confirm whether they have sold the vehicle.

Don't forget that clamping is part of the process of seizure, no matter how dim, demented or dishonest an EA might be.

[Wombats]

Re: Marstons Notice of Enforcement

We seem to have drifted into a lengthy chat rather than responding to the thread. To add my bit, re the post by Wales, the blue badge is placed there for the benefit of the bailiff to alert them to the fact that the vehicle may be exempt from seizure. It is NOT a cock up in the new regulations, just a sensible precaution if you know your vehicle is a likely target for seizure as all vehicles are.

[wales01man]

Re: Marstons Notice of Enforcement

From reading so many posts about the way Bailiffs operate a blue badge probably has no effect on their actions my wife could in future put her badge on the car of someone who is expecting the Bailiff does anyone honestly believe a Bailiff will take notice.
The best advice should be with the new rules in force is to pay or set up a payment plan on or before the firsts contact with a Bailiff unless the debt is not yours £300 in fees for a Fine less that that is a fools game at the very least

[bluebottle]

Re: Marstons Notice of Enforcement

I think the conclusion that has been reached with the new regulations is they are a sop to the civil enforcement industry and do little, if anything, to effectively clamp down on its malpractices. However, Lord Tugendhat's dismissal of Jamie Waller's attempts to silence the BBC from exposing one of his goons behaving in the most appalling manner on an edition of the Panorama programme, broadcast 6 April 2014. does hold out hope that the civil enforcement industry is now on the judiciary's radar. Jamie Waller has found out, the hard way, what the saying "What goes around comes around" means and the rest of the civil enforcement industry would do well to take Lord Tugendhat's dismissal of Waller's injunction application as a warning, not bad luck.

[Wombats]

Re: Marstons Notice of Enforcement

From reading so many posts about the way Bailiffs operate a blue badge probably has no effect on their actions my wife could in future put her badge on the car of someone who is expecting the Bailiff does anyone honestly believe a Bailiff will take notice.
The best advice should be with the new rules in force is to pay or set up a payment plan on or before the firsts contact with a Bailiff unless the debt is not yours £300 in fees for a Fine less that that is a fools game at the very least

Of course that is true, I notice it is also the advice of this site. I was just answering your question asked earlier. As to whether an EA will take notice of the blue badge, most will, some won't - it's the luck of the draw sadly. A blue badge is just the biggest way to alert them it might be exempt, it by no means guarantees it is.

The discussion of BB's point would be interesting, but I don't want to take this thread even further off its course.

[wales01man]

Re: Marstons Notice of Enforcement

Wombats
You highlighted the one word not in the book of rules for some Bailiffs
As we read so often on here there are some that will use any underhand tactic to get the money how I suspect with more to be made they will carry on ignoring things like a Blue Badge or VED exempt vehicle.

[Wombats]

Re: Marstons Notice of Enforcement

Yes, there's always bad ones. I'm sure the courts will soon get fed up with interpleaders though.

[bluebottle]

Re: Marstons Notice of Enforcement

Yes, there's always bad ones. I'm sure the courts will soon get fed up with interpleaders though.

If they do it too often, Wombats, it may well result in the courts beginning to question the fitness of certificated bailiffs to act as bailiffs. It is my understanding that some HCEOs went scuttling off to Masters at the High Court seeking protection from litigation after fecking up a bit too often, resulting in the Masters refusing to grant protection more and more.