Equita bailiff pursues debtor in 60Mph motorway chase

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jasonDWB
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#1 Equita bailiff pursues debtor in 60Mph motorway chase

Post by jasonDWB » 15 Jun 2016 15:29

I had a new client earlier today. He telephoned me from his car after leaving home to go to work when an Equita ANPR van turned up.

The van driver, pranged his van into the clients Mercedes in a possible effort to stop the car.

This was followed by a 60MPH chase down the M4 towards Wales when after 20 minutes, the bailiff broke off his pursuit. I was on the phone with the client (hands free) during the pursuit.

It turned out the bailiff was trying to obtain a £75 fee for a previous PCN that had been paid several months earlier.

This is noteworthy because this is a subject of a recent, yet unseen, JK bulletin on whether bailiffs can take an enforcement step to recover unpaid fees. The CAG board has dedicated an entire thread on the subject, but we already know by legislation and case histories, the fees are owed, but the bailiff is unable to take an enforcement step in respect of them.

It is not the first time a person has been chased at speed by a bailiff driving an ANPR van. A Marston bailiff used his van as a battering ram and smashed the windscreen while he mowed someone down with it.

The Equita bailiff is understood to have approached the police claiming the driver pranged his van when it was his van making a maneuver to block the vehicle and, while doing to hit the vehicle with his van.

The client has since paid the £75 by post to Equita to finish the liability, but he does not owe the £235 as demanded.

The bailiff is understood to attending an EAC complaint hearing because he demonstrated a lack of knowledge of Schedule 12 and in particular, the lawfulness of taking an enforcement step after the amount outstanding has been paid to the creditor. His motorway poursuit will also be discussed.
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#2 Re: Equita bailiff pursues debtor in 60Mph motorway chase

Post by Pote Snitkin » 15 Jun 2016 15:48

This is noteworthy because this is a subject of a recent yet unseen JK bulletin on whether bailiffs can take an enforcement step to recover unpaid fees.
Hmmmm.... nearly 24 hours later and still no quotes from said bulletin. My guess is that it doesn't accord with her stance. I reckon it backs up these boards and she has spent the last 24 hours emailing JK for 'clarification'. We have seen recently how she likes to badger people.
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#3 Re: Equita bailiff pursues debtor in 60Mph motorway chase

Post by jasonDWB » 15 Jun 2016 16:04

Why does Sheila need clarification?

The legislation is plain English. It doesn't take an entire thread, a JK bulletin and a bunch of CAGGERs with the combined IQ of a cheeseburger to figure it out.


The rocket science is:
  • Debtor gets a ticket and ignores it.

    Council uses CPR 75 and gets a warrant of control

    Council instructs bailiff and attracts £75 compliance stage fee.

    Debtor pays the PCN sum on the warrant direct to the creditor. He has paid the "amount outstanding"

    "Amount outstanding" is defined in Paragraph 50(3) Of Schedule 12 which states;
    • (3)The amount outstanding is the sum of these—
      (a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
      (b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).
    For the avoidance of doubt, for any proceeds to exist, the bailiff must have taken control of goods and sold them. To take control of goods, the bailiff must exercise any one of these four; Paragraph 13(1) of Schedule 12, which states;


    • 13(1)To take control of goods an enforcement agent must do one of the following—
      (a)secure the goods on the premises on which he finds them;
      (b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;
      (c)remove them and secure them elsewhere;
      (d)enter into a controlled goods agreement with the debtor.



    When no goods have been taken into control, the "amount outstanding is; "the amount of the debt which remains unpaid"

    Fees are prescribed, so they become owed when that enforcement stage is commenced. But as they do not form the "amount outstanding", the bailiff is therefore, unable to take an enforcement step only to recover them after the enforcement power ceases (or "goods cease to be bound").

    If the bailiff takes an enforcement step, then he and the creditor is liable under an action brought under Paragraph 66 of Schedule 12 because it amounts to a breach of Paragraph 6(3).
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#4 Re: Equita bailiff pursues debtor in 60Mph motorway chase

Post by Pote Snitkin » 15 Jun 2016 17:07

Apparently Charlie the chimp has a copy of JKs latest. Wonder if he'll share any of it. Or is he waiting for someone to explain the content to him?
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

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#5 Re: Equita bailiff pursues debtor in 60Mph motorway chase

Post by jasonDWB » 15 Jun 2016 17:56

I don't think it is of use.

We are on the front line of civil enforcement defence, and know how courts interpret the legislation when it comes to paying the creditor after an enforcement stage has commenced.

A JK bulletin is just that. It isn't authority. Not even the weight of a counsel opinion. Only followed by bailiff companies if it suits their agenda.

Ive never seen a bailiff company give a JK bulletin in evidence at court.
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#6 Re: Equita bailiff pursues debtor in 60Mph motorway chase

Post by Tuco » 15 Jun 2016 21:09

Pote Snitkin wrote:Apparently Charlie the chimp has a copy of JKs latest. Wonder if he'll share any of it. Or is he waiting for someone to explain the content to him?
He'll be waiting a long time if he thinks anyone is going to explain it in the laymans terms required for his one brain cell to comprehend.

This bit made me laugh:
The mention of this or a similar argument in JKs resent newsletter just consists of readers letters without any comment from the man himself
It's a bit like when he wrote that drivel regarding HP. It was a worthless piece, wasting space in an otherwise useful bulletin. Like most of the nonsense he writes, he has no first hand experience to base it on, no idea of previous case law, no idea of the contractual wording in the agreements and no real understanding of legislation.

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#7 Re: Equita bailiff pursues debtor in 60Mph motorway chase

Post by jasonDWB » 15 Jun 2016 21:21

JK's knowledge is case law. He studied it out of passion for over 30 years until the TCE Act which meant all his work had to be re written.

Other than from this board, I don't know how he is sourcing new cases being made involving non-compliant bailiff action. In fact very few cases are even featured. That is the request of solicitors whom I refer business to. They don't like them being discussed on forums until the outcome has been reached, and even then, its no-no because the material can be re-used in future cases.

I got a bollocking from one solicitor for discussing too much info on cases that have not even been put up for solicitors to take on. They prefer the first bite of the cherry and pick off the profitable and high-value cases before they are listed on DWB.
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#8 Re: Equita bailiff pursues debtor in 60Mph motorway chase

Post by anti bailiff » 16 Nov 2016 15:17

The ridiculous little pipsqueak. Fancy chasing someone down a motorway after pranging their car? That bailiff has delusions of his own importance and power. What does he think he is, a police officer?

Shame he wasn't prosecuted for dangerous driving.

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