Bailiffs demanding money from my 6 year old daughter

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

Perhaps the 6 year old should offer the bailiff her toys for auction, when he calls and film her doing it, then pass the film onto Granada reports.

Might be one to use if the muppets continue with enforcement and fetch up at the door.

Great post.... made me laugh

[Wombats]

Re: Bailiffs demanding money from my 6 year old daughter

One has to wonder if sometimes the best way to resolve things satisfactorily and fairly is not to follow official procedures, but a phone call to The Sun or the Daily Mail. It would make an excellent story and I have no doubt the issue would be waived as a gesture of goodwill.

Had everything else been in order, and the contravention issued to your wife, it would be very debatable as to whether or not the fine should be imposed. There was a contravention. The time of day is pretty irrelevant - what would have happened had it been 11am or 2pm? Where you were going is very noble, and to be applauded, but also irrelevant. The relevant bit would be whether they decided that your daughter being sick was sufficient reason to move into the bus lane and stop.

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

One has to wonder if sometimes the best way to resolve things satisfactorily and fairly is not to follow official procedures, but a phone call to The Sun or the Daily Mail. It would make an excellent story and I have no doubt the issue would be waived as a gesture of goodwill.

Had everything else been in order, and the contravention issued to your wife, it would be very debatable as to whether or not the fine should be imposed. There was a contravention. The time of day is pretty irrelevant - what would have happened had it been 11am or 2pm? Where you were going is very noble, and to be applauded, but also irrelevant. The relevant bit would be whether they decided that your daughter being sick was sufficient reason to move into the bus lane and stop.

Good post Wombats.
Having spent several years in St John Ambulance, I can assure you that, if a very young child unattended in the back of a car, is being sick. It is an emergency position which requires immediate action.
There have been cases of not only children, but adults too, who have choked on their own vomit.
This case is just pathetic and the council and bailiff company need to be taken to task.
Maybe hefty bloody fines are in order, and compensation to the family for the distress that this has obviously caused them.

[bluebottle]

Re: Bailiffs demanding money from my 6 year old daughter

Have to agree with you 100%, JB. I spent a number of years with the British Red Cross and have a total of 35 years' experience, in professional and voluntary capacities, working with disabled and elderly persons. What you highlight in respect of choking on vomit is a significant risk in those who have impaired motor functions and, in particular, those with an impaired ticular reflex (coughing reflex).

In order to be allocated a vehicle under the Motability scheme, a person has to be in receipt of Higher Rate Mobility Component of Disabled Living Allowance (DLA). This means their mobility is significantly impaired, at the very least. It can also mean they have impaired mental and motor faculties and abilities.

There certainly needs to be a thorough investigation to find out what has happened within MCC and, as previously stated, I cannot see TEC being too comfortable or happy when they find out they authorised a charge certificate against a six year-old child. It not only makes them look idiots, it also brings the justice system into disrepute.

I have to say that, for once, I have some sympathy for TEC, but the same cannot be said for MCC, who need to identify those responsible and remove them from the Council's payroll. I would venture that the sort of actions they have engaged in may well amount to Gross Misconduct, as well as being likely to bring MCC into disrepute. Waiving any penalty notice is going to be the very least MCC should do.

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

BB, you said'Waiving any penalty notice is going to be the very least MCC should do.'
I agree 100%...
They should offer the family compensation, which of course, they will not do.

[paulajayne]

Re: Bailiffs demanding money from my 6 year old daughter

BB, you said'Waiving any penalty notice is going to be the very least MCC should do.'
I agree 100%...
They should offer the family compensation, which of course, they will not do.

------------------------------------------------------

Dear Mr Bailiff,

I would like new teddies, and a pram and a tiny tear dolly and new shoes and a coat and something for mummy and daddy.

Hugs and kisses

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

------------------------------------------------------

Dear Mr Bailiff,

I would like new teddies, and a pram and a tiny tear dolly and new shoes and a coat and something for mummy and daddy.

Hugs and kisses

P.S
Like a written apology for being such idiots in the first place

[lacs54]

Re: Bailiffs demanding money from my 6 year old daughter

Great post.... made me laugh

i love LEGAL BEAGLES

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

i love LEGAL BEAGLES

Me too.......... :tinysmile_twink_t2:

[divineinspiration3]

Re: Bailiffs demanding money from my 6 year old daughter

Thanks so much for the tremendous input and what looks like quite sound advice. Just to put the record straight. I've viewed the cctv footage from MCC, it clearly shows Sally, my wife, moving over from the outside lane into the near side lane as she was slowing down to stop. She contravened the bus lane for approximately 10 yards before the lane ends. That would explain why there is no actual footage of the car stopped with door open. It is also fair to say that the child vomiting was NOT my 6 year old daughter, Evie, who was on the back seat, but my 19 year old daughter, Sophie, in the front seat. She, incidentally, didn't manage a full shift feeding the homeless as it transpired that she had food poisoning.

I've had verbal conversations with both the council and Equita and it really is like banging ones head against the wall. Yesterday, Wednesday 13th August I drove my wife to Bury Magistrates court where she completed a statuary declaration to send to Northampton. We are off on a family holiday on Friday 15th August, leaving at 3am, so not a great deal of time to send in registered letters, but will do upon my return. in the meantime though the completed Stat Dec is being emailed to Northampton so hopefully we can get a stay of execution of warrants etc.

My wife incidentally thought it sufficient enough an emergency to pull over. And on viewing the 11 second footage there was only one other car on the road. 7.50 am Christmas holiday time.

[divineinspiration3]

Re: Bailiffs demanding money from my 6 year old daughter

I will also be consulting my solicitor in relation to this matter and most certainly the national press. Thanks for that idea!

Paul

[bizzybob]

Re: Bailiffs demanding money from my 6 year old daughter

I would think Equita are monitoring this thread, so how a bout a bit of common sense, even if you could seize the named debtor's goods, which you can't as she is 6 years old, and her toys etc are exempt they would fetch sod all at auction. As this is Manchester, I think it is a Crapita infested council, and that would go part way to explaining the ongoing muppetry, as in Crapita supply the back office for MCC, Crapita own Equita, see where this goes? Name and shame in the press and supply a list of toys that the bailiff could take to the papers, as it is only her goods they can have if any, everyone elses would be exempt as they are not the debtor.

In the words of Duke Nukem "What a Mess"

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

Thanks so much for the tremendous input and what looks like quite sound advice. Just to put the record straight. I've viewed the cctv footage from MCC, it clearly shows Sally, my wife, moving over from the outside lane into the near side lane as she was slowing down to stop. She contravened the bus lane for approximately 10 yards before the lane ends. That would explain why there is no actual footage of the car stopped with door open. It is also fair to say that the child vomiting was NOT my 6 year old daughter, Evie, who was on the back seat, but my 19 year old daughter, Sophie, in the front seat. She, incidentally, didn't manage a full shift feeding the homeless as it transpired that she had food poisoning.

I've had verbal conversations with both the council and Equita and it really is like banging ones head against the wall. Yesterday, Wednesday 13th August I drove my wife to Bury Magistrates court where she completed a statuary declaration to send to Northampton. We are off on a family holiday on Friday 15th August, leaving at 3am, so not a great deal of time to send in registered letters, but will do upon my return. in the meantime though the completed Stat Dec is being emailed to Northampton so hopefully we can get a stay of execution of warrants etc.

My wife incidentally thought it sufficient enough an emergency to pull over. And on viewing the 11 second footage there was only one other car on the road. 7.50 am Christmas holiday time.

Enjoy your holiday with your family.
If you have medical evidence of food poisoning then I cannot see the council winning this one.

[Milo]

Re: Bailiffs demanding money from my 6 year old daughter

Today, 12th August 14, a letter has arrived from a company called Equita , again in my youngest daughters name demanding an outstanding balance of £172. I telephoned Equita who are refusing to talk to me because of consumer protection or whatever. The received letter goes on to mention even further action of an enforcement stage and even sale or disposal. This is a motability car and my 6 year old is the disabled person it is provided for. That may explain the mix up at DVLA.

What do we do?

I read this thread through yesterday and again this morning and I am sorry to say but the responses all appear to be critical of the local authority and the bailiff company in the way that they are attempting to enforce a debt against a young child. What nobody seems to have questioned is WHY is the debt in the name of your young daughter !!!

It would seem that the PCN had been by way of a CCTV contravention. In that case an NtO (Notice to Owner) would not have been left on the car and instead, a letter would have arrived in the post.

Following the contravention the local authority would have made a request to DVLA using the VRM of the vehicle and requesting the name of the KEEPER and ADDRESS. The response from DVLA would be to provide the NAME as that registered with them. This name (which appears to be that of your daughter) would then appear on the NtO and ALL following statutory notices including the WARRANT.

Somehow it would see that your daughter's name appears on DVLA records and therefore I cannot see that the local authority OR the bailiff company have made any error.

Now....where there could be fault concerns the appeal made by your wife. Hopefully she made the appeal in writing and hopefully she advised the council that an error had been made in the name of the registered keeper. The LA should have advised your wife to make enquiries with DVLA.

You have indicated yourself that there is a 'mix up at DVLA'.

Where you are fortunate is that the vehicle in question is provided by Motability and the new regulations specifically provide that such a vehicle is 'exempt' from seizure (if it is displaying a Blue Badge).

Have you checked the V5c to ascertain the EXACT name and address. I have a commercial business and almost daily we receive an enquiry regarding notices going astray with vehicles provided by Motability and sadly there are huge problems with such registrations.

In any event, this case needs to be brought to the attention of the Welfare Dept at Equita and this should be done asap to ensure that any further visits cease. I can advise shortly but can you please address the query with DVLA and post back.

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

Hi Milo,
I think that what we are annoyed about, is the fact that the OP's wife has notified the council and Equita about the mix up.
Yet they appear to ignore this and insist the bill is paid by the daughter.
It should never have gone to bailiffs in the first place.
Bureaucracy gone mad..........