For discussion thread only! PCN's etc

[Tim Deegan]

In the case of a warrant of execution, the debtor's name and address will be endorsed on the warrant. The warrant is only valid for that person at that address. If the debtor has moved to another address by the time the bailiff gets round to executing it or attempting to execute it, then the bailiff has to return the warrant to the creditor who then has to return the warrant to the court of issue as it is no longer valid. The creditor then has to apply for a new warrant with the debtor's new address, if it can be established and verified.

 

However, if a bailiff, whilst still in possession of the invalid warrant, sees the debtor's vehicle at a location that is not the address endorsed on the warrant and attempts to levy on or seize it, the bailiff has no legal authority whatsoever and is acting illegally.

 

Now I'm no expert on warrants, but I do know that there are many types (in fact I carry a warrant card). So I'm not making a statement here, I'm playing devils advocate again. Could it be OB that you are describing the procedure for police search warrants (as an ex police officer), and that it is different for bailiffs warrants?

[Tim Deegan]

The problem here is that you are decalring the warrant invalid and then saying what happens if he acts on an invalid warrant. That's true - but the address situation doesn't invalidate it in my view. By your reasoning, if he had a valid warrant and saw the car 20 metres from the house, ie "at a location that is not the address endorsed on the warrant" then what can he do? Is he entitled to clamp or not? What about 10 metres? Or 50 metres? What are the facts, as you know them?

 

This is what I asked earlier, but didn't get a straight answer.

[Fair-Parking]

Post 264. This isn't an either/or situation. There are huge errors, councils (local authorities) are stupid (TfL failed to turn up at Bow County Court this morning with the result that the Court has ordered that the Claimant's car be returned to him), they don't what they are doing (otherwise TfL would have attended court).

 

If your story is to believed you have paid £580 on a warrant that never could have been lawful even it it had been printed (issued), enforced by a bailiff who received your details in contravention of the Data Protection Act 1998 and who if ALL this had been legal failed to observe the fees clearly set out in the Enforcement Of Road Traffic Debts (Certificated Bailiffs) Regulations 2003.

 

But then what do I know? I have no legal qualifications. Nor am I the one who is £580 out of pocket and still spitting out spite at those who trying to help him. Save your displeasure from those who have defrauded you. End of topic on your problems

[Tim Deegan]

All consumer forums advise those at risk of visit from bailiffs to move their motor vehicles away from the vicinity of their homes, due, mainly, to the fact that certificated bailiffs see motor vehicles as easy pickings, such is their desperation to get their hands on goods or money. A desperate person will do things they wouldn't normally do or any reasonable person would do.

 

In my understanding, that's to make it harder for the bailiffs to find, and only for that reason. Most bailiffs don't use ANPR's and would be unlikely to spot your car if it was parked 100 yards down the road.

[Tim Deegan]

Mr 'Deegan' the council conformed that they do NOT issue (print) 'warrants. Close topic

 

Which council, and when??

[Fair-Parking]

The council you named - North Herts. You do remember that? Or was it a lie/mistake/bit of a laugh?

 

End of Topic completely.

[Tim Deegan]

Post 264. This isn't an either/or situation. There are huge errors, councils (local authorities) are stupid (TfL failed to turn up at Bow County Court this morning with the result that the Court has ordered that the Claimant's car be returned to him), they don't what they are doing (otherwise TfL would have attended court).

 

If your story is to believed you have paid £580 on a warrant that never could have been lawful even it it had been printed (issued), enforced by a bailiff who received your details in contravention of the Data Protection Act 1998 and who if ALL this had been legal failed to observe the fees clearly set out in the Enforcement Of Road Traffic Debts (Certificated Bailiffs) Regulations 2003.

 

But then what do I know? I have no legal qualifications. Nor am I the one who is £580 out of pocket and still spitting out spite at those who trying to help him. Save your displeasure from those who have defrauded you. End of topic on your problems

 

So you are saying that it is 100% illegal, all of the time for bailiffs to seize or clamp any vehicle when executing a warrant?

 

We are not talking about individual cases that you have read about. We are talking about all cases. Because this is what some of you on this forum have implied.

[Tim Deegan]

The council you named - North Herts. You do remember that? Or was it a lie/mistake/bit of a laugh?

 

End of Topic completely.

 

If they didn't issue warrants, then they can't use bailiffs who must have a valid warrant. You have said that yourself.

[Fair-Parking]

Ptolemy's Circles

[seanamarts]

Before any one decides to post here please read the forum rules.

 

Please continue the discussion without the need for arguments etc, Posts will be removed.

[lamma]

the contract between the bailiff company and the council will reveal all. no need to get side tracked with arguments is there.

[Fair-Parking]

Lamma - as unbelievable as this may sound there aren't always contracts between local authorities and bailiffs, particularly in the London boroughs. Tom Tubby might confirm.

 

This is not only odd for the obvious reason, but there is no way into parking enforcement by bailiffs unless instructed by a local authority.

[pipwri]

In the case of a warrant of execution, the debtor's name and address will be endorsed on the warrant. The warrant is only valid for that person at that address. If the debtor has moved to another address by the time the bailiff gets round to executing it or attempting to execute it, then the bailiff has to return the warrant to the creditor who then has to return the warrant to the court of issue as it is no longer valid. The creditor then has to apply for a new warrant with the debtor's new address, if it can be established and verified.

 

However, if a bailiff, whilst still in possession of the invalid warrant, sees the debtor's vehicle at a location that is not the address endorsed on the warrant and attempts to levy on or seize it, the bailiff has no legal authority whatsoever and is acting illegally.

 

 

Hi Old Bill - is this true because I am locked in a battle with Excel Baliffs who maintain that they do not have to have the warrant re-issued to the new address.

[tomtubby]

Pipwri

 

Would you mind starting a new thread with your question. The reason for this being that anyone wishes to answer your query would be required to read through 6 previous pages of questions.

 

PS: What type of warrant are you referring to as Excel also enforce Magistrate Court Distress Warrant ( which are for criminal offences).

 

Please start a new thread and provide further details.

[ploddertom]

Pipwri

 

Would you mind starting a new thread with your question. The reason for this being that anyone wishes to answer your query would be required to read through 6 previous pages of questions.

 

PS: What type of warrant are you referring to as Excel also enforce Magistrate Court Distress Warrant ( which are for criminal offences).

 

Please start a new thread and provide further details.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?368917-HELP-NEEDED-Baliffs-reject-my-vunerable-household-plea%282-Viewing%29-nbsp