Bristow and Sutor and vehicle displaying blue badge

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anti bailiff
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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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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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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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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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Re: Bristow and Sutor and vehicle displaying blue badge

Post by Pote Snitkin » 16 Feb 2018 13:29

Such as?
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anti bailiff
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Re: Bristow and Sutor and vehicle displaying blue badge

Post by anti bailiff » 21 Feb 2018 15:29

Hi, I have further news on this.

Having duly filled in and sent off my Stat Declaration and the application to apply out of time, I have received two responses; one from the council and the other from the Traffic Enforcement Centre in Northampton.

The council has sent a 'witness statement' to the traffic centre opposing my Stat Dec (Out of Time) by claiming, without furnishing any proof to support their claim, that they sent out a 'regulation 8 penalty charge notice', six weeks later a charge certificate, three months after this an order for recovery, and eight weeks later a warrant of control was authorised by the TEC and sent to the bailifs.

The Traffic Enforcement Centre has informed me that my application has been refused by the court, and I quote,

1. 'Under Rule 23.8 of the Civil Procedure Rules the Court will deal with the application for leave to file a Statutory Declaration/Witness Statement out of time without a hearing because the Court does not consider a hearing at Northampton would be appropriate

2. The application for leave to file a Statutory Declaration/Witness Statement to be refused'.

According to the court document, it went before a 'Court Officer'.

The accompanying latter tells me that if I wish to apply for a review of this decision I should complete an Application Notice N244, with fourteen days of the date of service. It goes on to say that a review by a District Judge at my local court will cost me £255, for a review of a district judge without a hearing the fee payable is £100.

It seems to me that I'm being denied justice by our legal system.

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Re: Bristow and Sutor and vehicle displaying blue badge

Post by John The Baptist » 21 Feb 2018 15:39

I'd be interested to know why you think that you are being denied justice?

You had the opportunity to send in an OOT which was considered and turned down. You now have the opportunity to have the decision reviewed if you wish. How are you possibly being denied justice?

Also, the bailiff didn't bind your goods, they were bound by law, pursuant to Paragraph 4 of Schedule 12.
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Re: Bristow and Sutor and vehicle displaying blue badge

Post by Pote Snitkin » 21 Feb 2018 16:13

The goods aren't bound as a blue badge was on display.

The OOT was to claim no paperwork had been received before the bailiff arrived. This was turned down as they usually are.
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Re: Bristow and Sutor and vehicle displaying blue badge

Post by John The Baptist » 21 Feb 2018 16:26

All goods are bound, not just the car. If the car is displaying a blue badge, it will be exempt. Writing the reg down is neither here nor there and means nothing. The point is, that regardless, it was not the bailiff who bound anything.

The council have supplied a witness statement stating that 4 separate letters have been sent. This is not counting the NoE which would have given the OP another opportunity to question what is happening and why? If it were just one letter, there may have been a chance but to claim that 4 weren't received is pushing it a bit. I'm not surprised that the OOT was turned down and would be annoyed if it wasn't.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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