Advice on civil action against Bailiffs DVLA & HMTCS

[Pete77]

I had the bailiffs turn up and cause merry hell in my house for hours, got me arrested or trying to shove them back out the door after they refused to listen to accept that there was no debt _ can I lodge a compensation claim against them for their utterly scummy actions?

The debt was just under £5 for (late payment of my car tax) I set up payment online as a direct debit but DVLA just took monthly payments from then onwards and didn't take the extra fiver instead they took me to court in my absence.

First I knew ridiclous £500 fine was a bailiffs With letter saying they were sending the boys 'round in a week with date and time etc. I phoned the court told them the tale and they arranged for a statuary declaration hearing & re-hearing for fine.

At the court hearing a DVLA woman decided shed prefer to settle out of court for £45 - to be honest I was going to fight it but it was cheap enough to think "sod it". court takes stat Dec from me and she stands up and says the case has been withdrawn by DVLA due to a out of court settlement. That should've been an end to it.

Two weeks later I'm in bed and a couple of bailliffs crash through my front door demanding payment of about £850. I was fuming but got the court papers out to show the matter had been settled. They didn't care one bit. I tried reasoning with them asking them to check up etc. They didn't want to know. So I pushed the first big fat baillif about half an inch closer to my door (he was 25 stone by his own admission, I'm 10 stone wet through)

His eyes lit up, as he twisted me up and sat on my while getting his mate to phone the police. I was arrested for assault. To which I told the police "that's fine, but I want a copy of his body cam footage preserving for evidence". Magically charge is immediately dropped by fatty McBailliff. But I remain in handcuffs, albeit not under arrest.

I went through the dance of showing the court paperwork to the police and to the two numb skulls again. To which they say it's for a exposing myself in public! AND drink driving. I asked the two coppers to just run my name through so they could prove I'd not been arrested. They did and got me cleared of being some kind of drunk driving flasher.

My wife is panicking and just wants to hand over the £850 - I didn't let that happen obviously.

I tell the police these blokes don't know their arse from their elbow will you make them check the warrant... To which they then told the police that the matter was DVLA related but had a different case number to the court papers. They knew it was Marstons ref number obviously but the police believed it. The sly bastards also had come straight from court as the hearing date was that day .

the baillif oragnise a tow truck and clamp my car take my TV down off the wall few other bits and pieces all of body were at the time proved with receipts weren't actually mine even to the extent they put my son's rugby medal on the list of seized goods. My wife distraught at this point which is why the scummy bastards did it.

The bailiffs sloped off at this point ...

I'm finally let out of handcuffs as they've done their job and as such the police have done theirs. I phone up the magistrates court. They say there's no record of me attending. She states that unless I can prove otheriswise then I have to take it up with DVLA so I emailed them a copy of the papers I'd shown the police and bailiffs.


Question is how do I take these idiots to court, what for and can I add in the DVLA and Hmtcs

Thanks in advance

[Milo]

Re: Advice on civil action against Bailiffs DVLA & HMTCS

I had the bailiffs turn up and cause merry hell in my house for hours, got me arrested or trying to shove them back out the door after they refused to listen to accept that there was no debt _ can I lodge a compensation claim?

First I knew ridiclous £500 fine was a bailiffs when letter saying they were sending the boys 'round in a week with date and time etc. I phoned the court told them the tale and they arranged for a statuary declaration hearing & re-hearing for fine.

At the court hearing a DVLA woman decided shed prefer to settle out of court for £45 - to be honest I was going to fight it but it was cheap enough to think "sod it". court takes stat Dec from me and she stands up and says the case has been withdrawn by DVLA due to a out of court settlement. That should've been an end to it.

Two weeks later I'm in bed and a couple of bailliffs crash through my front door demanding payment of about £850.

I tell the police these blokes don't know their arse from their elbow will you make them check the warrant... To which they then told the police that the matter was DVLA related but had a different case number to the court papers. They knew it was Marstons ref number obviously but the police believed it. The sly bastards also had come straight from court as the hearing date was that day .

The baillif oragnise a tow truck and clamp my car take my TV down off the wall few other bits and pieces all of body were at the time proved with receipts weren't actually mine even to the extent they put my son's rugby medal on the list of seized goods.

The bailiffs sloped off at this point ...

I'm finally let out of handcuffs as they've done their job and as such the police have done theirs.

I phone up the magistrates court. They say there's no record of me attending. She states that unless I can prove otheriswise then I have to take it up with DVLA so I emailed them a copy of the papers I'd shown the police and bailiffs.

Question is how do I take these idiots to court, what for and can I add in the DVLA and Hmtcs

Thanks in advance

Pete,

I have shortened your query to make it simpler to understand the background.

When the court make an appointment for a Statutory Declaration, they usually instruct the enforcement company to put a 'hold' on enforcement to allow the hearing to proceed.

Where there is undoubtedly confusion, is whether or not the Magistrate Court advised Marston Holdings of the outcome of the Statutory Declaration hearing. It is very likely that DVLA's 'withdrawal' of the case has confused matters considerably and this seems to be confirmed by your recent telephone conversation with the court who appear to have no knowledge of your Statutory Declaration.

Where there is further confusion is with the second account having a different Marston reference number. In the first instance, you need to speak with Marston Holdings as a matter of urgency to ascertain whether they have two different court fines registered against you. This is a real possibility.

You have stated that your wife's car was clamped etc and that the bailiffs then left your premises. You have not mentioned whether or not payment was made?

Can you post back once you have spoken with Marston's.

PS: It would be worthwhile for you to visit the DVLA website to check your driving licence to see whether there are any convictions registered against you.

https://www.gov.uk/view-driving-licence

[Pete77]

Re: Advice on civil action against Bailiffs DVLA & HMTCS

I phoned Marstons to check if two fines had been issued for the same thing. They just said it was a error and that theyd been instructed to return it to court.

I lock my door now religiously even though there's literally zero crime where I live. 'just incase' marstons want to try another court appointed burgalry. This just isn't right having to live on edge like this.

Leeds magistrates court said the matter was dealt with three times in total. First in my absence, second when I made a statutory declaration and the charge was dismissed. They didn't record my attendance on the 2nd occasion and relisted it again.

The bailiffs tried to steal my car and possessions the same morning of the 3rd court hearing.

But surely to God there needs now to be a further hearing to quash the 3rd erroneous judgement - according to the court it seems not - I'm none too convinced this is over...

So basically I had have my house invaded have to lose a day's pay, get assaulted and arrested have two moronic idiots demand money and levy goods that had receipts not in my name a car that has finance on also attempted to be seized and a warrant that I wasn't allowed to photograph whilst they tell them police a huge catalogue of lies. I really really want to spoil these people day including the incompetent fools who work at the DVLA and HMTCS. I wasn't best pleased having to pay a fine when I sorted out payment for the car tax and they could've just taken the money - it was a bloody fiver. But that's too simple, the little Nazis think a 17000% increase is much more reasonable even Wonga wouldn't get away with that!

And now I have to sit and wait to see if they'll try it again. It's not like they'll put a letter through so I can at least deal with it. These two goons just came on the same day of the hearing so, I presume there's some loophole - it's just not right to have to live in your own home in bloody fear of court appointed black shirts busting through the door.

[Pete77]

Re: Advice on civil action against Bailiffs DVLA & HMTCS

Sorry forgot to say thanks for the DVLA link

[Milo]

Re: Advice on civil action against Bailiffs DVLA & HMTCS

If you are considering a compliant, I would say that your first point of contact should be with the Magistrates Court. There seems to be an administration problem somewhere.

PS: I can appreciate your concern that the initial debt was just £5 but unfortunately, bailiffs are seizing vehicles on a daily basis for non payment of the Dart Charge (for using the Dartford Crossing) where crossing fee is just £2.50 !!!!