• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Stop by police during routine check baliff took my pco reg.taxi

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Stop by police during routine check baliff took my pco reg.taxi

    Originally posted by wales01man View Post
    Some of us regulars on here who have dealt with Bailiffs know what they cannot do and will not be intimidated if more were to tell the bailiff where to go and seek advice after first contact they would soon be running the school bully gets away with it because no one fights back we all need to fight back .
    Op's problem will be of a more serious nature after April, if the person stopped is a new owner, as the likes of JBW will be forcing them to go to interpleader whatever, in the hope of getting the motor with no comeback, even though they should still accept proofs of ownership first. I forsee these police stop and bailiffs seize operations blowing up in the police and bailiffs faces very soon, once a couple of victims have complained to MPs when they lose a car and possibly a job due to this. All losses consequential and actual will be reclaimable from police and bailiffs, and MOJ will look very silly when they are kicked for rules that allow legalised theft of third party goods.

    Comment


    • #32
      Re: Stop by police during routine check baliff took my pco reg.taxi

      I have a feeling it will be the Human Rights Act 1998 that will sink the new regulations or, more likely, the provisions that are incompatible with the Articles and Protocols contained within Schedule 1 of the Act. Don't forget that a court can strike down (bring to an end) any secondary legislation - and the new regulations are secondary legislation. The interpleader provision is, I suspect, ripe for strike-down.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #33
        Re: Stop by police during routine check baliff took my pco reg.taxi

        Originally posted by bluebottle View Post
        I have a feeling it will be the Human Rights Act 1998 that will sink the new regulations or, more likely, the provisions that are incompatible with the Articles and Protocols contained within Schedule 1 of the Act. Don't forget that a court can strike down (bring to an end) any secondary legislation - and the new regulations are secondary legislation. The interpleader provision is, I suspect, ripe for strike-down.
        We can hope so, as MOJ are still stumbling on still releasing more details and the deadline is coming up fast.

        Comment


        • #34
          Re: Stop by police during routine check baliff took my pco reg.taxi

          Fingers crossed for a U turn can only see trouble ahead

          Comment


          • #35
            Re: Stop by police during routine check baliff took my pco reg.taxi

            Originally posted by wales01man View Post
            Fingers crossed for a U turn can only see trouble ahead
            Most likely the MOJ, like the late Maggie are not for changing

            Comment


            • #36
              Re: Stop by police during routine check baliff took my pco reg.taxi

              Sorry had to take this letter. For legal reasons
              Last edited by Sweeneyblue; 7th April 2014, 16:04:PM. Reason: Legal reasons

              Comment


              • #37
                Re: Stop by police during routine check baliff took my pco reg.taxi

                Re. The judgement I will post a copy

                Comment


                • #38
                  Re: Stop by police during routine check baliff took my pco reg.taxi

                  Re. The judgement I will post a copy

                  Comment


                  • #39
                    Re: Stop by police during routine check baliff took my pco reg.taxi

                    Judgement
                    Sir Michael Ogden, QC, gave an admirably concise and incisive judgment. He
                    posed the following question:
                    "What I have to do is to say to myself: 'Is this JCB necessary to the
                    defendant for use personally by him in his employment?'"
                    He then answered that question as follows:
                    "I have come to the conclusion that the JCB was not something 'for use
                    personally by him'. The idea behind the legislation in my view is and always
                    has been to protect the tools of the trade of the individual worker. In this
                    type of case, involving as it does a vehicle, I can well understand that if, for
                    example, a motorcycle courier of the kind that one sees so frequently these
                    days, who owns his own motorcycle and hires himself out to go and deliver
                    documents in various places, then that motorcycle will be protected. So too
                    would a van owned and driven solely by a person in which he drove about making
                    deliveries in the course of his work as a delivery man."
                    However, the judge found that the present case is a different one and he
                    rested his judgment on the fact that from time to time the Appellant allowed
                    employees to drive the vehicle.
                    There are before us a number of grounds of appeal. The first two grounds of
                    appeal assert that the Judge erred in law in misconstruing the statutory
                    provision which he had to apply to the facts of the case. These grounds of
                    appeal that has not been pursued before us. The suggestion that the Deputy High
                    Court judge erred in the interpretation of Section 138 is plainly unsustainable.
                    The relevant words of Section 138(a) are "necessary to that person for use

                    Comment


                    • #40
                      Re: Stop by police during routine check baliff took my pco reg.taxi

                      Put both Newlyns and Southwark Council to strict proof. This should draw out just how strong or weak their case is. Certainly report Newlyns and the Met to the ICO.
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #41
                        Re: Stop by police during routine check baliff took my pco reg.taxi

                        Originally posted by bluebottle View Post
                        Put both Newlyns and Southwark Council to strict proof. This should draw out just how strong or weak their case is. Certainly report Newlyns and the Met to the ICO.
                        How do I go about doing that?
                        thanks

                        Comment


                        • #42
                          Re: Stop by police during routine check baliff took my pco reg.taxi

                          Originally posted by Sweeneyblue View Post
                          How do I go about doing that?
                          thanks
                          Reporting miscreants to the Information Commissioner's Office (ICO) is relatively straightforward. Go to www.ico.gov.uk, find the telephone number for their helpline - it is prominent - and speak to one of the ICO's staff. The helpline does get busy at times so do keep trying. On the whole, the ICO's staff are helpful.

                          As for Southwark Council/Newlyns, the letter you have reproduced appears to have been written by the same individual, save for the letterheadings, and I have a pretty good idea who wrote it if the tone and 24-carat bovine excrement contained within it is anything to go by.

                          Try something along the lines of -

                          "I refer to your email/letter dated [date] in response to my email/letter to you dated [date.

                          On comparing the emails/letters received from yourselves and Newlyn PLC/London Borough of Southwark, it is clearly evident that they are identical in every respect, save for the letter headings and footings. In the absence of evidence to the contrary, I have to conclude that both letters were written by the same person.

                          It is noted that a number of claims have been made by yourselves in the email/letter, but at no point has any evidence been produced that proves -

                          a. a police officer has statutory power to stop a motor vehicle for reasons other than those provided for by law;

                          b. a statutory power exists for a public authority to collaborate with a police force for the purposes of stopping motor vehicles in connection with the alleged non-payment of de-criminalised Penalty Charge Notices (PCNs) which are, in themselves, civil debts, not criminal fines;

                          c. a police officer has the statutory power to demand a motorist hands over the keys or to physically remove the keys from a vehicle the officer has stopped for a reason other than that provided for by law;

                          d. that the vehicle registration mark [VRM] is not privileged goods; and

                          e. that the provision of personal data to the Metropolitan Police was, in the circumstances, in accordance with the Data Protection Act 1998, under what provision and relevant case law.

                          In respect of d, the burden of proof falls upon yourselves, having now made that claim. You will need to produce more substantial evidence than you have.

                          You have quoted the judgement in the case of Toseland Building Supplies Ltd -v- Bishop t/a Bishop Groundworks. However, on reading through the judgement in this case, I find the circumstances of that case to be somewhat different to the circumstances of the matter to which this correspondence refers. I therefore require that you provide proof that Toseland Building Supplies Ltd -v- Bishop t/a Bishop Groundworks is the relevant case law.

                          Unless the evidence requested is produced to me with [?] days of Newlyn PLC's/London Borough of Southwark's receipt, I shall take steps to have the warrant of execution revoked."

                          Warrants - whether civil or criminal - must be complied with to the spirit and letter of the law and the conditions attached to the warrant complied with strictly in accordance with what is endorsed thereon.

                          Give both Newlyns and LB of Southwark the opportunity to prove the lawfulness of their actions before deciding on the next step.

                          You may wish to write to the Metropolitan Police and ask them to explain the actions and lawfulness of the actions of their officers. However, I would suggest you print such a letter on metal sheet just in case they decide to shred it. :grin:
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #43
                            Re: Stop by police during routine check baliff took my pco reg.taxi

                            PMSL At your last line Bluebottle Nice One!

                            Comment


                            • #44
                              Re: Stop by police during routine check baliff took my pco reg.taxi

                              It would need to be high tensile boiler plate or inscribed on a stone tablet as carried by Moses. as da babylon may try to melt it

                              Comment


                              • #45
                                Re: Stop by police during routine check baliff took my pco reg.taxi

                                Originally posted by wales01man View Post
                                PMSL At your last line Bluebottle Nice One!
                                Topical and just too delicious to not make a reference to it.:evil:
                                Life is a journey on which we all travel, sometimes together, but never alone.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X