hi all
looking for advice and ways i should persue an incident i had with a bailiff.
stayed overnight at a family members home the other day, left 6.30 am and walked to my transit van parked up the road to find it clamped.
phoned the bailiff told him he has 5 mins to remove clamp or i would remove it.
waiting by the clamp a van comes down the road drives straight at me, smashing into my van doing damage to the wing and mirror.
he refused to give his details so i called police and told them exactly what happened.( ie phoned bailiff told him to remove clamp or i would remove it, he drove at me using his vehicle as a weapon smashing into my van and refusing to give details). police arrive within a couple of mins only to make sure i do not remove the clamp.
i manage to get his details of the police, asked what they going to do about him trying to harm me and his reckless driving and am told we are only here to prevent me removing clamp and me causing a breach of peace. i tell the police to view his dashcam and his personal camera to see what he done and am told nothing was recording.
i then told the police to get him to remove the clamp as it is my personal work van (sole trader) and is on finance ( hire purchase). as he has no right to clamp it and is preventing me from going to work. i am then told i will have to wait untill 9am when he can contact the finance company.
the clamp was removed as police could not wait 2 hours till 9am.
i have a number of questions about way to persue.
i think he has acted criminally, i also think he should not be allowed to be a bailiff.
should i claim of his motor insurance or his bond. (already had letter from his company saying they will pay for everything, hire car ect)
who should i complain to about him.
should i complain about the police.
steve
run down by bailiff
Re: run down by bailiff
If your van was clamped while you were away from your regular address, then it is highly likely you are a victim of a drive-by clamping incident.
Drive-by clamping is a bailiff finding your van by using an ANPR camera on a highway.
In nearly all ANPR cases, the enforcement fails, because the bailiff is unable to show they gave the debtor a statutory Notice of Enforcement as required by Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
In nearly all claims, the address on the warrant is not the correct address, which proves the statutory notice was not given by the ordinary course of post, and the test of proof is under section 7 of the Interpretation Act 1978.
I cannot approve the idea of cutting off a clamp, but I know its commonplace, because the favoured clamp type used by bailiffs, the pincer clamp, is very easy to remove. It is why bailiffs use two of them on the same vehicle, to prevent the spare wheel being used.
Example, How to remove a bailiffs pincer clamp
If you reported a traffic accident to the police but they refuse to accept that an accident took place, then you have a remedy by making a complaint, through a solicitor, of an offence under section 26 of the Criminal Justice and Courts Act 2015.
The van is on hire purchase, you would have been better to get an injunction. You get your costs well & truly paid and you get a raft of damages to boot. Before you can inunct, you must give a pre-action notice to give the bailiff an opportunity to return control of the van, and in the most part, they do, then you can ask for your damages, and recover them through the small claims track.
The bailiff does not need to contact the finance company. They will tell the bailiff to contact the hirer. Finance companies will not normally make a third party claim, unless it suits them to do so, e.g, Mulwayni vs Newlyn Plc 2016, which landed Newlyn Plc a big fat bill.
To answer your questions.
A fail to stop accident is a criminal offence under section 170 of the Road Traffic Act 1988. The bailiff is required by law to remain at the scene of the accident and give his name and address to the other driver.
The bailiff is also required to report the accident to the police within 24 hours.
If you are making a traffic accident claim, you recover it from the bailiffs motor insurer. The police can give their contact details from the PNC (vehicle database). It is not subject to data protection act restrictions.
You have a right to make a complaint about the conduct of the police officers, if you can show they failed to apprehend the suspect after you reported to a constable about the offence.
I wouldn’t concern yourself about making a complaint about the bailiff, because the procedure only provides for complaints about his fitness to hold an enforcement certificate, and your complaint is a motoring offence of failing to stop after an accident.
Drive-by clamping is a bailiff finding your van by using an ANPR camera on a highway.
In nearly all ANPR cases, the enforcement fails, because the bailiff is unable to show they gave the debtor a statutory Notice of Enforcement as required by Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
In nearly all claims, the address on the warrant is not the correct address, which proves the statutory notice was not given by the ordinary course of post, and the test of proof is under section 7 of the Interpretation Act 1978.
I cannot approve the idea of cutting off a clamp, but I know its commonplace, because the favoured clamp type used by bailiffs, the pincer clamp, is very easy to remove. It is why bailiffs use two of them on the same vehicle, to prevent the spare wheel being used.
Example, How to remove a bailiffs pincer clamp
If you reported a traffic accident to the police but they refuse to accept that an accident took place, then you have a remedy by making a complaint, through a solicitor, of an offence under section 26 of the Criminal Justice and Courts Act 2015.
The van is on hire purchase, you would have been better to get an injunction. You get your costs well & truly paid and you get a raft of damages to boot. Before you can inunct, you must give a pre-action notice to give the bailiff an opportunity to return control of the van, and in the most part, they do, then you can ask for your damages, and recover them through the small claims track.
The bailiff does not need to contact the finance company. They will tell the bailiff to contact the hirer. Finance companies will not normally make a third party claim, unless it suits them to do so, e.g, Mulwayni vs Newlyn Plc 2016, which landed Newlyn Plc a big fat bill.
To answer your questions.
A fail to stop accident is a criminal offence under section 170 of the Road Traffic Act 1988. The bailiff is required by law to remain at the scene of the accident and give his name and address to the other driver.
The bailiff is also required to report the accident to the police within 24 hours.
If you are making a traffic accident claim, you recover it from the bailiffs motor insurer. The police can give their contact details from the PNC (vehicle database). It is not subject to data protection act restrictions.
You have a right to make a complaint about the conduct of the police officers, if you can show they failed to apprehend the suspect after you reported to a constable about the offence.
I wouldn’t concern yourself about making a complaint about the bailiff, because the procedure only provides for complaints about his fitness to hold an enforcement certificate, and your complaint is a motoring offence of failing to stop after an accident.
Re: run down by bailiff
thanks for taking the time to reply.
it just dont seem fair that bailiffs can do what they like without any redress.
this bailiff was working for newlyn and did have anpr cameras on his van.
my van was parked wholly on the pavement and not on the road, his van was still embeded in the side of mine when the police arrived.
it just dont seem fair that bailiffs can do what they like without any redress.
this bailiff was working for newlyn and did have anpr cameras on his van.
my van was parked wholly on the pavement and not on the road, his van was still embeded in the side of mine when the police arrived.
Re: run down by bailiff
You can make an insurance claim against the bailiff company.