hatwel enforcement ? not showing as certificated...

We might be able to work it out.
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earth angel
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#1 hatwel enforcement ? not showing as certificated...

Post by earth angel » 18 Jun 2017 00:02

Have been searching to see if the firm are even fit for the enforcement action as they've removed car from retail park away from my home address, also l have sent proof of disabled blue badge exempting from their control of goods.

Hmmm definitely suspicious about this bunch
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Pote Snitkin
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#2 Re: hatwel enforcement ? not showing as certificated...

Post by Pote Snitkin » 18 Jun 2017 08:58

Yes they are genuine - they tend to focus on Gypsy evictions.

To be on the safe side, the p85 info you sent them should be copied to the creditor just in case they don't pass it on. Send it today.
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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#3 Re: hatwel enforcement ? not showing as certificated...

Post by jasonDWB » 19 Jun 2017 12:32

earth angel wrote:
18 Jun 2017 00:02
Have been searching to see if the firm are even fit for the enforcement action as they've removed car from retail park away from my home address
Hatwel is a small firm. I was in dialogue with them recently, but not related to an enforcement case.

If they took a car from a shopping centre car park, then you can ask the court to return the car because its non-compliant with regulation 14(6) and regulation 10(2) of the Taking Control of Goods (Fees) Regulations 2013


, also l have sent proof of disabled blue badge exempting from their control of goods.
If the badge was not displayed, it's not exempt from regulation 4.

Hmmm definitely suspicious about this bunch
😲
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Pote Snitkin
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#4 Re: hatwel enforcement ? not showing as certificated...

Post by Pote Snitkin » 19 Jun 2017 13:34

jasonDWB wrote:
19 Jun 2017 12:32

If the badge was not displayed, it's not exempt from regulation 4.
You can use the p85 route to show it's exempt.
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: hatwel enforcement ? not showing as certificated...

Post by jasonDWB » 19 Jun 2017 13:49

I don't think that will work.

Reg 4 says:
  • (d)a vehicle on which a valid disabled person’s badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;
CPR 85(9)(2) only provides exemption a claimant can make using grounds in regulation 4(1), or the council tax regs, or Schedule 7 of the Courts Act 2003.

I am pretty sure the badge must be in the vehicle. I had a case in the small claims track where the client's badge was in the window but the bailiff photographed the car from an angle the badge in the front window was just outside the frame of the photo, but unwittingly took another photo from behind which showed the badge in the front window. The legal argument was all about the badge, and the bailiff said the debtor added the badge after the front picture was taken but before the 2nd picture was taken. The court went with the bailiff and the taxpayer forked out another brand new Motability car.
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#6 Re: hatwel enforcement ? not showing as certificated...

Post by Pote Snitkin » 19 Jun 2017 14:31

Reg 4 means that if the badge was on display it would be exempt from being taken into control - the badge wasn't on display so there was nothing to stop it being controlled. That's where a p85 claim comes into play - you make a claim against controlled goods stating your reason.

In this case they will have been given notice that the car is used for a disabled person. It matters not one jot whether the badge was displayed at the time of seizure - even the 'blue badge scheme' advise to not leave it on display if not needed.
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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Pote Snitkin
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#7 Re: hatwel enforcement ? not showing as certificated...

Post by Pote Snitkin » 19 Jun 2017 14:34

jasonDWB wrote:
19 Jun 2017 13:49
I had a case in the small claims track where the client's badge was in the window but the bailiff photographed the car from an angle the badge in the front window was just outside the frame of the photo, but unwittingly took another photo from behind which showed the badge in the front window. The legal argument was all about the badge, and the bailiff said the debtor added the badge after the front picture was taken but before the 2nd picture was taken. The court went with the bailiff and the taxpayer forked out another brand new Motability car.
How on earth can the court seriously side with the bailiff on that? So the badge was on display, plus the car didn't belong to the debtor? And the DJ allowed that? You're having a laugh.
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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#8 Re: hatwel enforcement ? not showing as certificated...

Post by jasonDWB » 19 Jun 2017 14:45

I'm serious, the judge accepted the bailiff's defense the debtor placed the badge inside the car after taking control of it.

The Motability payments had finished so the car was his, so he decided to have a new car anyway.

If the client had a solicitor, it would be straightforward, but he was not willing to pay for representation. I wasn't even there. He wanted me to go there for free and without travel expenses. I can only go so far with free help. Anything beyond that is solicitor and barrister territory.
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