Another question

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
Paulgcm7
Posts: 6
Joined: 25 Jun 2017 09:16

#1 Another question

Post by Paulgcm7 » 05 Oct 2017 08:46

Despite informing the bailiff that I’ve appealed he is threatening to remove my van, even though it’s a work vehicle
What can I do to stop this hassle?

User avatar
Schedule 12
Posts: 13269
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Another question

Post by Schedule 12 » 05 Oct 2017 10:36

If you have lodged an appeal, the bailiff cannot take an enforcement step. Paragraph 8.1 of Practice Direction 75 states:
Applications to suspend a local authority warrant of control

8.1 Where –

(1) the respondent makes an application under paragraph 5; and

(2) before that application is determined, a local authority warrant of control is issued,
the local authority must suspend enforcement of the local authority warrant of control until the application for an extension order is determined.
If the bailiff is pestering you then he is not acting lawfully. You can ask him to leave the premises and he must do so with all due reasonable speed.

If the bailiff takes an enforcement step, (e.g. taking control of a vehicle or goods) then the debtor can sue for damages under paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Paulgcm7
Posts: 6
Joined: 25 Jun 2017 09:16

#3 Re: Another question

Post by Paulgcm7 » 05 Oct 2017 18:51

Thanks for that, just had another threatening phone call from him, no matter how many times I tell him that it’s under appeal he tells me I don’t know what I’m talking about and really lost it when I asked him what court issued his licence

User avatar
Schedule 12
Posts: 13269
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#4 Re: Another question

Post by Schedule 12 » 05 Oct 2017 21:21

The bailiff does not have lawful authority to harass you over this. You don't owe anything. You can report it to police on the local police force website. They might say it is a civil matter.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Paulgcm7
Posts: 6
Joined: 25 Jun 2017 09:16

#5 Re: Another question

Post by Paulgcm7 » 09 Oct 2017 09:02

Is there a way of paying dart charge/highways agency directly?

User avatar
Schedule 12
Posts: 13269
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#6 Re: Another question

Post by Schedule 12 » 10 Oct 2017 18:28

Send it by post as cheque to HIGHWAYS ENGLAND COMPANY LIMITED, Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ, get a photo of the cheque and the envelope showing the PCN number and when giving it at the post office, as for a certificate of posting showing the time and the intended delivery address. Section 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)

You must give notice to the bailiff when you have sent it that the "amount outstanding" has been paid.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply