Is this boys toy exempt from enforcement?

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jasonDWB
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#1 Is this boys toy exempt from enforcement?

Post by jasonDWB » 21 Sep 2016 11:48

I had a client call me this morning about an unpaid PCN. The target vehicle was not found (sold) and he has a leased car outside on the street. The bailiff didn't touch it.

The bailiff knocked at 6am this morning, boot in the door. The bailiff then grabbed from a side table a folded up camera drone. Its a flying "quadcopter" that he has used in a professional capacity, although this is not his main occupation, has been used to do aerial school photographs and road accident photography for a local rag.

The aircraft on its own without its controller or charger is not worth anything by itself and cannot be used other than for breaking for spare parts.

Had a long chat with the client because my kids have been flying toy versions of camera drones all summer getting stuck in trees and landing them neighbours gardens etc,, but this model is a expensive version for professional use which he termed "prosumer".

The client wants to interpleader it on the grounds its exempt goods.

What are his chances?
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#2 Re: Is this boys toy exempt from enforcement?

Post by Pote Snitkin » 21 Sep 2016 11:57

Who knows? Do the p85 and see what happens. He'd need to choose one or the other though - belongs to the kids or is used in his work.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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#3 Re: Is this boys toy exempt from enforcement?

Post by jasonDWB » 21 Sep 2016 12:00

Not his kids. He owns it, but he could interpleader it on the grounds its exempt goods. Ive never inter-pleadered a camera drone before. Its mostly vehicles.

If it is broken up for spares then I think that may attract a liability to a Paragraph 35 Schedule 12 claim brought under Paragraph 66.

I'm just wondering if anyone has thoughts on how this might pan out.
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#4 Re: Is this boys toy exempt from enforcement?

Post by Pote Snitkin » 21 Sep 2016 12:02

Well, interpleaders cover any item, so go for it. Doesn't cost anything for the first stage.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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jasonDWB
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#5 Re: Is this boys toy exempt from enforcement?

Post by jasonDWB » 21 Sep 2016 12:10

True. I'll do him an inrerpleader claim on exempt goods. I'll ask for his sales invoice for school pic and road accident aerial pics.

I've looked up his drone on the internet, its quite a contraption compared to my kids ones. http://mydronelab.com/best-pick/long-range-drone.html
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#6 Re: Is this boys toy exempt from enforcement?

Post by jasonDWB » 22 Sep 2016 22:12

The client called me this evening. He was on the road parked outside a mystery address he has never been to before.

He switched on his drone's Trackimo device, a system for recovering a fly-away drone. He got in his car and followed the signal using Google maps on his phone, and located it - at the bailiffs home address!

He was at home, but he didn't knock the door, but he was able to get a location on the ground floor in the building.

I think this could amount to conversion of goods. I've suggested he reports the matter to the police. It will be interesting to see how much a civil matter conversion of goods really is.
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