To interplead or not to interplead

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Schedule 12
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#1 To interplead or not to interplead

Post by Schedule 12 » 27 Mar 2017 15:30

That is the question.

I have a client who had his car nabbed by the police saying it is stolen. A bailiff reported it stolen after a wheel clamp was allegedly cut off. The police accepted it stolen without the registered keeper reporting it stolen. The police made no diligence check on the bailiff’s authority to report the car stolen or ask for evidence his ID and authority.

The previous keeper has an unknown PCN. The address on the warrant has the wrong door number.

The new keeper is from High Wycombe, the seller is from Croydon. They otherwise do not know each other.

The previous keeper has appealed the PCN with evidence of the correct address, and section 7 of the Interpretation Act will do the rest. The TEC will revoke the enforcement power and the council can give another NTO.

The new keeper contacted me and supplied the V5, flow of money, insurance and a Gumtree advert. I have given them to the bailiff and the council and asked them to return the vehicle to where they found it.

I advise the new keeper to make an interpleader claim, but Part 85 only applies to claiming controlled goods.

The goods are not controlled because the debtor must be given notice before taking control of his goods under Paragraph 7(1) of Schedule 12 before taking control of them.

Can the new keeper make an interpleader claim under CPR 85?
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Author: dealingwithbailiffs.co.uk

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#2 Re: To interplead or not to interplead

Post by Pote Snitkin » 27 Mar 2017 16:42

Who has the car? If it's the bailiff, then they would consider it to be under their control, not caring about whether notices were sent/received.
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Schedule 12
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#3 Re: To interplead or not to interplead

Post by Schedule 12 » 27 Mar 2017 18:51

The police have impounded it following a traffic stop. They say its controlled goods.

I suggest it is not controlled goods according to the rules of Schedule 12.

I'm looking for opinions.
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#4 Re: To interplead or not to interplead

Post by Justanotherperson » 29 Mar 2017 12:23

If you take the literal interpretation of that paragraph then strictly speaking the goods were never 'controlled goods' for the purposes of the Act, so no interpleader claim would really apply?

Have you considered wrongful interference by both the bailiff and the police i.e. conversion? There will have been a conversion by the bailiiff when they took possession of the car unlawfully and then there will be a further conversion by detention of the police with it being impounded - join them both as defendants. A claim in the County Court perhaps?

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Schedule 12
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#5 Re: To interplead or not to interplead

Post by Schedule 12 » 29 Mar 2017 16:00

That is what has now happened

The seller has paid the PCN, even though an appeal is with the TEC, and the owner has his car back.

Both are bringing separate claims in the small claims track.

The seller brings a claim under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

The owner brings a claim under section 3 of the Torts 9Interference with Goods) Act 1977.

The defendants are the council and the bailiff company jointly.
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#6 Re: To interplead or not to interplead

Post by Justanotherperson » 30 Mar 2017 09:27

I would be interested to know the outcome of the wrongful interference claim brought by the owner.

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