My car was clamped yesterday by jacobs

[Carclamped]

Hi all my car got clamped yesterday by jacobs as I owe over 6000 pounds council tax as soon as they put the first clamp on I got in my car and refused to get out my son yes would not let them put on the other clamp he never identified himself and then went on to call the police saying I made a phone call to get people down here the police arrived and told me to get out of the car or they would arrest me I refused as I have no paperwork to prove who they are he then went into his van and wrote out some paperwork in the mean time I contacted an advisor who spoke to the council and managed to stop them from towing my car away the clamp is still on my car can someone please advise me what to do I want to make a complaint regarding the police officer as well as he told me he was going to use force to get me out of the car to arrest me infront of my 16 year old son help please

[zeke]

I need more information to give definitive answers.

If the police threatened you with being arrested for "breach of the peace" or obstructing an enforcement agent" because you were sitting in your car, then the police officer is guilty of an offence under section 26 of the Criminal Justice Act 2015.

Some example cases

Regina v Massey, a police officer arrested a debtor for obstructing an enforcement agent in the execution of duty (by sitting in his own car and refusing to get out). The debtor was cleared because the bailiff was not acting in the lawful execution because the car was parked on a marked parking bay belonging to a neighbour making the enforcement in breach of paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. The debtor sued the police for false arrest and was awarded £500 for the first hour detained and £100 for each subsequent hour detained.

R v Sackey. A police officer smashed the window of a debtor's car and arrested the debtor for a breach of the peace by sitting in his own car preventing bailiffs from towing it. The debtor was acquitted because the police officer committed a breach of the peace as captured by the dashcam recording from the car. The debtor sued because the bailiff was not acting in the execution of duty because the warrant of control showed the debtor's previous address and the bailiff was attending the debtor's current address. This made the warrant a "defective instrument" and the bailiff was aware because he was in possession of it. The debtor sued the police officer but the solicitor I referred Sackey never got back to me with the sum awarded.

If a police officer arrests a debtor for a breach of the peace while the bailiff was not acting on the lawful execution f duty (eg, a breach of enforcement regulations) the police officer is liable. Foulkes v Chief Constable of Merseyside Police: CA 9 Jun 1998

Before making a complaint against the police you must establish what regulations have been breached.

You can do this by running the following checklist and posting back any red flags shown.

https://www.dealingwithbailiffs.co.uk/f ... p?id=42200

[Carclamped]

The enforcement officer didn’t show me any identification knocked on my door which I didn’t hear didn’t ring the door bell clamped the front of my car before knocking the door didn’t give me any paperwork called the police as I was on the phone saying I was getting people to come over when I was on the phone to a dept advisor police came and told me to get out of the car or I would be arrested or he would drag me out as I was obstructing an enforcement officer while he was doing his job they didn’t even ask me if it was my car then when I asked him for proof of controlled goods he went into his van wrote it out and threw it in my window when I then asked for proof from a judge he egnored me eventually the police left as they had confirmation from the council that I had 50 days the enforcement officer moved his van around to the front of mine and was very intimidating watching me then got out of his van and clamped the back of my car

[zeke]

What action do you want to take?

[Carclamped]

I want the clamp taken off my car so I can get to work and I would like to know if I can make a complaint regarding the police officer coz he was threatening to arrest me if I didn’t get out of the car and he told me the car is going today whatever you say and he was very rude to my partner as well the police officer told my partner your now pissing me off is this a professional way to talk to people

[zeke]

Run this checklist and I'll tell you if you can get the clamp off your car.

https://stopthebailiffs.uk/parking-and- ... check.html

Say which if these apply to you.

[Carclamped]

The bailiff must show the warrant and their ID

[zeke]

That by itself doesn't revoke the enforcement but does bring a claim for damages for the breach.

The breach is under Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The claim is under Paragraph 66 of the same Schedule.

The court has total discretion of the number of your damages. A good starting point is to make a schedule of losses setting out the money taken and the value of the goods taken into control.