Newlyn impersonating a bailiff, supported by Ealing Police, forced to pay

[hazza]

Hi,

My car was clamped while on my property (rear driveway) - private property.

The clamper knocked on my door and demanded payment.

I jumped into another family member's car and blocked the driveway so he could not remove my *company* car - which was owned by a company but registered in my name.

He then jumped in his truck and reversed onto my drive, blocking the entire pavement, forcing pedestrians to walk on on the road. I have pictures.

In doing so, he damaged my neighbors wall.

I then brought my dog out to say hello - he said while holding his ground on my land, that he was calling the police and would have them kill my dog.

I then called the police myself who arrived about 30mins later. I said that the driver had trespassed on my land and had clamped my car.

I asked them to tell him to move off my property and stop blocking the road/pavement/driveway.

My neighbor also came out and demanded he move his truck.

The officers that had arrived clearly did not know the law. They asked the truck driver to clarify the law for them.

They checked his ID and his paperwork and said he was within the law to carry out removal of my vehicle on my land (due to a parking ticket from god knows when).

I said he could not take my car as it was a company car, that i needed it to earn money, and that I had read on the Citizens Advice Bureau website that they cannot take anything that would prevent you from earning.

I was told that the CAB site was rubbish and that they would take my car regardless.

I checked his ID and it was only a work ID card for the bailiff company. This did not have an expiry date, nor did it have a court stamp. He was a mere driver but was acting as if he was a certificated bailiff. The police upheld his rights and rubbished mine. That is illegal and I am making a complaint to the IPCC (I spoke to an Inspector who tried to say that the police were powerless in these situation). The fact that they had let a clamper act like a bailiff on my property is of huge concern.

About an hour and a half later a certificated bailiff had arrived and started shouting like he was the law, that he was going to climb through my windows, that he was going to remove the other car at my cost, that my car was only worth £900 (it's actually quite rare and worth over £10,000).

I asked the police what to do - they said I must pay or I may have both cars removed.

I was then forced to pay over a grand for a £50 parking ticket issued by the Council.

He then ran off with my credit card to his van - illegal too.

He then gave me a piece of paper with his company and details of the charges - £155 + expenses + 34 credit card charge.

He was about to drive off when I demanded a receipt, he then went to his van and wrote one out.

Now:

I'd like my grand+ back

I'd like my neighbors wall repaired

I'd like the police officers that arrived disciplined for not knowing the law and not knowing what a bailiff's ID card should look like. IPCC.

I'd like the council to apologize - they hired cowboys.

I'd like to the Bailiff's certification revoked as he did not follow procedure - and acted like a complete amateur, above the law in front of the police

I'd like their contracts reviewed / canceled.

Can anyone help advise on the best way forward?

I am thinking about making a complaint about impersonating a bailiff - today.

Regards

Hazzinksi

Edited April 7, 2009 by hazza

[IIIUMINATI]

Google ( Police complaints )

could be a start

looks like lots of advice and reading

[hazza]

thanks STB - i have called the police 4 times but they are not returning calls, made another complainty and was told I will be called back soon

I will work thru the items today and update

I have checked the credit register they are registered

hazza

[hazza]

Posted on Harrow's compliant website:

 

Dear Council

A Bailiff plc employee lied to me and the police in stating he was a

certificated bailiff and he had a warrant against an outstanding parking

ticket.

I called the police as he was trespassing, but, the police supported him as

if he was a bailiff.

He had clamped my car whilst on private property, damaged my

neighbours wall with his truck and threatened to have my dog killed.

I was then forced to pay £1000+ which I will reclaim against yourselves for

a mere £50 parking ticket apparantly issued by the council. This is

absurd and a clear abuse of power by both yourselves and them.

Can you please investigate this matter as they state they were acting

on behalf of your Council.

(Bailff plc employee name : Mr Knobhead).

Can you please send to me details of the parking ticket you claim to be

outstanding.

I reserve my right to take legal action against yourselves and the bailiff for

this matter.

Edited March 30, 2009 by hazza

[JonCris]

This should be standard practice & remember this assumes the collector is a bailiff so if they ain't they are acting illegaly

DEVON & CORNWALL

C O N S T A B U L A R Y

Force Policy & Procedure Guideline Attending Premises with Bailiffs

Reference Number D222

Policy Version Date 15 January 2007

Review Date 01 January 2008

Policy Ownership: Criminal Justice Department

Portfolio Holder: Assistant Chief Constable (OS)

Links or overlaps with other policies:

DEVON AND CORNWALL POLICE AND PROCEDURE GUIDELINE D222

ATTENDING PREMISES WITH BAILIFFS

Version dated: 15/01/07

POLICY AND AUDIT IDENTIFICATION

1.1 This policy has been drafted and audited in accordance with the principles of

Human Rights legislation and the Race Relations (Amendment) Act 2000. Under

the Freedom of Information Act 2000, the document is classified as OPEN.

POLICY STATEMENTS/INTENTIONS

2.1 The HM Courts Service (HMCS), Devon & Cornwall (former D&C Magistrates

Courts Committee) contracts a civil enforcement agency, 'Drakes' (certified bailiffs)

that works on its behalf with regard to executing warrants of distress or warrants of

arrest with regard to non-payment of distress. The enforcement officer (a bailiff)

will hand in a 'Notice to Defaulter', which explains the procedures concerned, to a

debtor.

2.2 This document is designed as a reference point for officers who deal with bailiffs or

other officers of the court.

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2.3 The Constabulary's involvement with regard to the policing of bailiffs is largely

confined to a bailiff's entry of premises and any subsequent breaches of the peace.

Police officers must ensure the legality of bailiffs' conduct to avoid breaches of the

peace situations and to combat any offence, which may be committed by either the

bailiff or the debtor in these situations, this policy is pre-emptive in its nature. It is

developed in order to minimise the possibility of offences being committed and to

ensure that the distress and levying of goods takes place with a little inconvenience

as possible to the debtor and the debtor's immediate community and surroundings.

3. INTRODUCTION

3.1 The range of different forms of distress and levy:

Creditor/Court Debt Collector

County Court Judgement debt Court bailiff

High Court Judgement debt Sheriff's officer

Landlord Rent Landlord/certified bailiff

Magistrates' Court Fines and orders Private bailiff/ police

Local Authority Council Tax/Uniform

Business Rate

Local Authority officer

Customs & Excise VAT Collector

Inland Revenue Income Tax Collector

CSA Child Support Maintenance Private bailiff

Local Authority Road traffic penalties Certified bailiff

3.2 The above summary reflects the various areas of debt recovery in which bailiffs

operate and identifies the distinction between a distress and a levy:

a. Distress-generally applies to the process of entry, seizure and impounding

but not to any subsequent sale of goods.

b. Levy-the term is largely interchangeable with the word 'distress' although

strictly the word includes the sale of goods as well as the other stages.

3.3 The law relating to bailiffs is extremely wide and is taken from a number of

common law and statutory origins. However, the most important implications of

the law for the Constabulary are in the main limited to criminal/illegal activity

resulting from a bailiff's entry of premises and breach of the peace situations.

4. PROCEDURES

4.1 When being called to assist a bailiff or other officers of the court, a constable must

be satisfied of:

a. The bailiff's identity and status

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b. The authority on which the bailiff has or seeks to enter the premises

c. The documentation which gives the bailiff the power to enter the premises;

this may be the original court order or a photocopy

d. The fact that the bailiff has located the correct premises or correct debtor. If

visiting the property for the first time, the address and name of the defaulter

should be confirmed by another source. (e.g. by a neighbour)

4.2 The above confirmation should also be produced to the debtor or the person

requested to allow access to the premises.

4.3 If a bailiff or court officer is unable to provide evidence of identity, status, authority

or power the police constable must prevent the bailiff from entering the premises,

or if already on the premises, must remove the bailiff/court officer at once.

4.4 The bailiff/court officer should be required to gain the necessary documentation and

to contact the constable before he returns to the property.

4.5 If the documentation is in order, the constable should remind the bailiff that entry

must be obtained without force.

4.6 Force can only be used if:

a. It is an Inland Revenue bailiff or

b. The bailiff has already conducted a valid seizure and is returning to the

property to levy goods or has already been forcibly expelled from the

property, having previously gained entry lawfully, or

c. The officer is a Sheriff of the Court and the premises entered with force are a

separate non-domestic premises, e.g. workshop or barn, and enquiries have

been made as to the presence of the goods in those premises, or

d. The officer is a County Court bailiff and has an order of a District Judge

authorising a forcible entry, or

e. More rarely, a Landlord is seeking to enter a stranger's premises and has an

oath sworn by the Magistrates to the effect that there are grounds for

believing goods have been fraudulently removed to those premises. Or the

officer is a Sheriff and enters a third party's house in the belief that goods

have been taken there to avoid execution.

4.7 Constables should be aware of their duty to keep the peace and if a breach of the

peace seems likely, the constable should ascertain whether it is the bailiff or the

debtor who is acting unreasonably, then act accordingly.

4.8 Entry

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4.8.1 The basic rule is that entry should be without force. Thus, the bailiff may

enter an open door, open an unlocked door, climb through an open window

and open it more if necessary, and even climb over a wall or fence, provided

no damage is caused in so doing. The bailiff cannot, however, open a closed

but unfastened window or a closed, latched window or use a locksmith to

open a door. Use of a landlord's key is also illegal. The protection against

forced entry extends to all buildings within the boundary of the premises.

4.8.2 Once inside, the bailiff may break any door or cupboard open to find goods

or to escape. No demand need be made before breaking a door open, but

this precludes unnecessary use of force. For example, if a door is broken

despite the debtor's offer to open it.

4.8.3 There are exceptions to the basic rule where an entry

cannot be forced:

a. Inland Revenue bailiffs may force entry to premises, although some demand

for entry should be made first.

b. Re-entry. The bailiff may, following a valid seizure, force entry on returning

to a property to perform a levy, or after forcible ejection by the occupier.

This can take place even after a considerable delay. If the enforcing officer is

a County Court bailiff they require the permission of a District Judge before

a forced entry can take place. If the bailiff is violently ejected, the debtor can

be summonsed for assault. This is the situation in which police officers

commonly become involved in the activities of the bailiff. If a bailiff

suspects that there may be a threat of violence, they will often ask a police

officer to attend. Obviously, the police officer's duty is to be present to

prevent a breach of the peace but in no way should the officer assist in the

seizure of any goods.

c. Separate non-domestic premises. Separate non-domestic premises (e.g. a

workshop or a barn) may be entered forcibly by the Sheriff. The rule only

applies to premises, which are not connected with or within the boundaries

of the dwelling house. Therefore, garden sheds and garages are excluded as

they are part and parcel of the dwelling house. Besides, the rule can be

exercised by Sheriffs' officers only. The Sheriff should make enquiry as to the

presence of the goods first. If the enforcing officer is a County Court bailiff

they must always obtain the permission of a District Judge before a forced

entry to separate non-domestic premises can be made.

d. Stranger's premises may be entered forcibly by a landlord with a police

officer if an oath has been sworn before a Magistrates Court to the effect that

there are grounds for believing goods have been fraudulently removed to

those premises. The Sheriff may also break into a third party's house if

goods have been taken there to avoid execution. In enforcing this right a

Sheriff should always make a demand for entry first. A County Court bailiff

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can also forcibly enter a stranger's premises, but again can only do so with

the permission of a District Judge.

4.9 Time for Levying a Distress

There are no restrictions for when a levy of distress shall commence in respect of

unpaid fines, costs and compensation. It is expected that the levy should commence

at a reasonable time and this has been suggested between 6am and 10pm on any

day of the week, which includes Sundays and Public Bank Holidays.

4.10 Bailiffs' Offences

4.10.1 Whilst the objective of the Force policy is to defuse confrontational situations, it is

possible that offences are committed in the course of entry and seizure. In

some cases acts by bailiffs can render the distress void from the start. A

wrongful distress can result in both criminal and civil proceedings instigated

by the debtor. Illegal distress occurs when there is no right to exercise a

warrant, for example, where there is no debt, or an unlawful or

unauthorised act is committed during the levy, such as distress at the wrong

time or with forcible entry.

4.10.2 In this situation the police officer will be expected to intervene to prevent the

search from taking place until either:

a. It is proved that there is a debt, which requires collection,

b. The distress takes place at the right time or

c. The entry is obtained without force or authority is obtained for forcible entry.

Any entry, which takes place when the above requirements are not met, will be

tantamount to a breach of the peace.

4.10.3 Police constables should also be aware that in very extreme cases a bailiff's actions

may constitute harassment under Sec. 40 of the Administration of Justice Act

1970. Harassment takes place if a person harasses another with demands for

payment which, in respect of their frequency or the manner or occasion of

making any such demand, or any threat or publicity by which any demand

is accompanied, are calculated to subject him or members of his family or

household to alarm, distress or humiliation. Threats of violence, illegal

forced entry and racial abuse will all amount to harassment.

4.11 Debtors' Offences

If a debtor is present when there is an entry and seizure,

he/she could face arrest and criminal liability if:

a. forcibly excludes the bailiff from his/her premises, depending on the

circumstances. This could result in forced re-entry by the bailiff who in such

cases may summon assistance from the police.

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b. conceals or removes goods that have been allocated as the subject of distress

during an earlier visit. It should be noted, however, that in other cases a debtor

is well within his rights to conceal or remove goods in order to avoid distress.

5.0 REVIEW

5.1 The contents of this guideline will be reviewed annually by the Commander,

Criminal Justice Department.

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Also to the poster who stated that the company name must be on the docs. This is incorrect. The name must be the keepers & as we keep being told the reg docs are not proof of ownership.

[hazza]

just spoke to another Inspector at Ealing - he said this is not a police matter, it's a parking ticket - and i need to discuss this with Harrow - and then rudely hung up on me, now it's farcical - i have a complaint about someone dealing with complaints

[Guest Screw The Bailiff]

thanks STB - i have called the police 4 times but they are not returning calls, made another complainty and was told I will be called back soon

I will work thru the items today and update

I have checked the credit register they are registered

hazza

 

No point doing it phone, you write a letter to your local police station addressed to whom it may concern. Keep your letter brief and factual, and quote points of criminal law where appropriate. You have the Section 2 of the Fraud Act 2006, Section 39(1) of the Consumer Credit Act 1974 and criminal damage.

 

You have grounds to ask the IPCC to consider the attending officers for criminal prosecution for Assisting an Offender, they cant contend they didn't know a crime was being committed because ignorance of the law is no defence. It might persuade the police to start a criminal investigation on the bailiff but dont be too hasty to play this card, you could be throwing a policemans career down the toilet.

[The Watcher]

No point doing it phone, you write a letter to your local police station addressed to whom it may concern.

 

... coying in the Chief Constable at the Force HQ !

 

you could be throwing a policemans career down the toilet.

 

... maybe they should have thought of this BEFORE helping an offender !

If they were more accountable they may brush up on the law - and act accordingly.

[JonCris]

Quite Watcher

 

Ealing & Harrow police have a paticular reputation as pseudo debt collectors so you may have to persist

 

Phone the Met & ask for a copy of their guidance which should be similar to that I have already posted on this thread - then you can throw it in their faces

[Viano]

I think STB you are not right again, the registered keeper is PRESUMED to be the owner. Read the reg docs and all will become clear!

 

Viano

[Guest Screw The Bailiff]

Nothing is presumed. You appear to be confusing legal ownership and vehicle finance agreements.

 

If a bailiff siezes such a vehicle owned by a firm or their leasing company for the driver's private council tax then its an invalid levy. He cant sell it because the new owner won't be able to get a new V5 and thus, cant have the manufacturer to recode the vehicle immobiliser.

 

This is quite common for companies to put their fleets into a leasing company name in this way. It stops bailiffs & parking wardens lifting them and using them as collateral. Even of the police doesn't accept the vehicle is stolen, the RK can ask a court for an Order for the vehicle to be handed back to the leasing company.

[Viano]

STB,

 

May I refer you to Section 5 of the Registration Certificate, and also the DVLA booklet INS160 section 1 page 3 "The registered Keeper" - the registered keeper is not necessarily the owner.

 

Their words - not mine.

 

Viano

[Saffronflowers]

I think it comes down to the fact of who can actually sell the vehicle IYSWIM but hey I could be wrong!! And theirfore enefit fromt eh financial gain.

 

SFx

[hazza]

I have made a complaint to the IPCC.

 

I also checked the met website for info, but funnily enough (i have sense of humour) a search for the word "Bailiff" returned:

 

Metropolitan Police web search: no matches were found for 'bailiff'

 

Figures!

[hazza]

I made a request on the met's website for details of their policy and received the following - that is wholly incorrect!

 

Dear Sir,

 

Thank you for your email - this has been forwarded to the Fredom of Information Unit and the webmaster. We do not assist bailfiffs but might attend to prevent a breach of the peace.

 

EMail Office

New Scotland Yard

[tomtubby]

Hazza

 

I have left you a message

[hazza]

something I forgot to mention, the dodgy certificated bailiff that arrived much later, Mr. "I'm too fat to climb through a window but i'll threaten you anyway" is a director of bailiff company (not sure which part as it seems to have many dodgy addresses - Rickmansworth, South Harrow, Hounslow, Northampton etc. I will try to do a search.

Now if a Director acted like that, why/how are they in business at all? Who is there that can bash that ponce on his nonce?

Edited March 30, 2009 by hazza

[Saffronflowers]

Hazza - that is their registered address their main office is in Northampton.

 

SFx

[JonCris]

Hazza - that is their registered address their main office is in Northampton.

 

SFx

 

NIce & handy for MCOL I assume

[hazza]

mcol - how much??? what claim?

i'm unsure of what I should claim, and if I should mcol council instead/as well?

Edited March 30, 2009 by hazza

[The Watcher]

Who is there that can bash that ponce on his nonce?

 

You can !

 

Join us in the "Let's all write to Chief Constables" thread.

[PI Guy]

Business Services

[Saffronflowers]

You can get all that info from Companies house for less money!!

 

SFx

[Saffronflowers]

Hazza - you have PM

 

SFx

[hazza]

just checked the bailiff / director of newlyn - is a director/secretary of:

 

12 companies!

 

hmmmmm... it appears he sells cars, builds homes, paints a picture then visits them as a bailiff

Edited March 31, 2009 by hazza