Bristow and Sutor and vehicle displaying blue badge

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anti bailiff
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#1 Bristow and Sutor and vehicle displaying blue badge

Post by anti bailiff » 01 Feb 2018 17:33

Hi

Recently, I was visited by a representative of Bristow and Sutor, who left a letter hanging through my letter box. The letter is an 'enforcement visit warning' and includes the claim 'Your goods are bound. You cannot remove, sell or otherwise dispose of them. Further visits may be made to your property'. He has highlighted these words, and has highlighted his handwriting at the top of the paper, where he has written down the make. model, colour and registration number of my car, which was parked in my drive at the time.

I am assuming that he has 'bound' my car. My car was displaying a valid Blue Badge in my name at the time, and so he had no right to do this.

I called the central ticket office to find out more details, and they informed me that I drove on a buslane about 10 months previously. I had received no paperwork in connection with this. They gave me the date of the incident, the penalty charge number and the location of the incident; I filled in forms PE2 and PE3, the Statutory Declaration/application to file a statutory declaration, two days later made a statutory declaration at my local court and emailed the completed forms to the Traffic Enforcement Centre in Northampton.

As the bailiff had no right to 'bind' an exempt vehicle, do I have legal recourse against either the bailiff or the council who engaged this firm?

Thanks for your help.

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Pote Snitkin
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#2 Re: Bristow and Sutor and vehicle displaying blue badge

Post by Pote Snitkin » 01 Feb 2018 18:45

Seeing as it's exempt he hasn't bound it - he just thinks he has.

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Schedule 12
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#3 Re: Bristow and Sutor and vehicle displaying blue badge

Post by Schedule 12 » 02 Feb 2018 05:55

Confirmed. Blue badge car is not bound upon issue of a warrant instruction to the bailiff.

Binding of goods becomes effective on instruction except for EXEMPT goods which are prescribed in regulation 4 of the Taking Control of Goods Regulations 2013.

Taking Control of Goods requires a separate procedure, which there are four posdible ways. They are listed in provision 13.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The document stuck out of the letterbox is an Equita policy. It's called "hit & run" a modus operandi of common burglars to see if a property is occupied or whether someone has taken in the document.
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anti bailiff
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Joined: 09 Oct 2015 12:27

#4 Re: Bristow and Sutor and vehicle displaying blue badge

Post by anti bailiff » 16 Feb 2018 13:27

Thanks.

Can I sue the bailiff or the council who instructed them for anything?

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Pote Snitkin
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#5 Re: Bristow and Sutor and vehicle displaying blue badge

Post by Pote Snitkin » 16 Feb 2018 13:29

Such as?

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