Took the bailiffs to court - £30000 costs, Threads merged |
Took the bailiffs to court - £30000 costs, Threads merged |
Wed, 18 Apr 2018 - 16:27
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#1
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Wed, 18 Apr 2018 - 16:27
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Wed, 18 Apr 2018 - 17:06
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#2
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Member Group: Members Posts: 56,195 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Piling stupidity upon stupidity by the sounds of it, would have been far better to learn their lesson after they had to pay the bailiffs. Deciding to sue bailiffs never sounds a good idea!
I don’t think I’ll retain either for any legal work! -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Wed, 18 Apr 2018 - 18:48
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#3
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Problem is he was an immigration law expert. There's a saying that an expert is one who knows more and more about less and less until he knows absolutely nothing at all. There's a fair chance that if he'd come here, we could have get the PCN cancelled.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 18 Apr 2018 - 21:24
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Diana Loson is facing legal bills of nearly £30,000 after a court battle over a ticket issued to her husband, immigration lawyer Tiki Emizie, in 2010.
A lesson in how not to deal with council parking PCNs or the bailiffs when they clamp your car. Or maybe a lesson on not believing everything your husband tells you, especially when hubby is an immigration lawyer. https://www.standard.co.uk/news/uk/mother-f...t-a3817311.html |
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Wed, 18 Apr 2018 - 22:23
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#5
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Member Group: Members Posts: 349 Joined: 21 Apr 2016 Member No.: 83,881 |
-------------------- If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.
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Wed, 18 Apr 2018 - 22:25
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#6
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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Wed, 18 Apr 2018 - 22:25
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#7
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Ironic. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 19 Apr 2018 - 19:51
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#8
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Member Group: Members Posts: 1,114 Joined: 7 Aug 2009 Member No.: 31,007 |
Assuming the media reports on the ownership of the clamped car are accurate (always a dangerous assumption!), I'm surprised it appears to be lawful to clamp a wife's car over a husband's debt.
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Thu, 19 Apr 2018 - 19:54
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#9
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
It’s the car owner’s debt isn’t it?
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 19 Apr 2018 - 19:55
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#10
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Member Group: Members Posts: 1,114 Joined: 7 Aug 2009 Member No.: 31,007 |
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Fri, 20 Apr 2018 - 20:51
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#11
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Assuming they weren't represented it would be better if legal costs were capped at say x100 the debt (£4,000). We can say what an idiot, should have known better, but I am sure she is aware of that now.
Otherwise you can have a very rich company ruin someone's life over a £40 parking fine. That is IMO disproportionate and too greater punishment for legal naivety or stupidity. You can say "it will just encourage people to push companies to the limit" but you have to be pretty desperate/stupid to push to a x100 limit to prove a point. |
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Fri, 20 Apr 2018 - 20:57
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#12
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Assuming they weren't represented it would be better if legal costs were capped at say x100 the debt (£4,000). We can say what an idiot, should have known better, but I am sure she is aware of that now. Otherwise you can have a very rich company ruin someone's life over a £40 parking fine. That is IMO disproportionate and too greater punishment for legal naivety or stupidity. You can say "it will just encourage people to push companies to the limit" but you have to be pretty desperate/stupid to push to a x100 limit to prove a point. A judge would have looked at issues of proportionality before making an order for costs. It sounds like the court case was nothing to do with the debt, it sounds like the bailiffs collected the payment by whatever means and then the lady made a claim against them, if this caused them £30k of costs to defend an action which was wholly without merit, I think it's fair enough that they get their costs back. This post has been edited by cp8759: Fri, 20 Apr 2018 - 20:58 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 20 Apr 2018 - 21:00
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#13
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Assuming they weren't represented it would be better if legal costs were capped at say x100 the debt (£4,000). What does the size of the original debt have to do with an action in tort against the bailiff? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 20 Apr 2018 - 23:28
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#14
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Assuming they weren't represented it would be better if legal costs were capped at say x100 the debt (£4,000). What does the size of the original debt have to do with an action in tort against the bailiff? Plus, not only did they lose in original court but it seems at appeal. Double dipping on costs. Actually more then double dipping, according to the article, the appeal added 20K to the original 10K costs. QUOTE Otherwise you can have a very rich company ruin someone's life over a £40 parking fine. That is IMO disproportionate and too greater punishment for legal naivety or stupidity. No, was the other way round. They failed to pay a parking penalty, which escalated to the point where bailiffs clamped the car. At that point they had choices, pay the bailiffs and write off the loss, seek to reinstate the original penalty via TEC (if grounds applied) or take the bailiffs to court. The latter when it would seem that all the bailiffs had done is what the law allows them to do. They chose to fight the very rich company, they face the consequences of what seems a very stupid decision that they made. |
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Sat, 21 Apr 2018 - 09:05
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#15
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Member Group: Members Posts: 1,114 Joined: 7 Aug 2009 Member No.: 31,007 |
The two(!) CoA rulings are here:
http://www.bailii.org/cgi-bin/format.cgi?d...v/2016/610.html http://www.bailii.org/cgi-bin/format.cgi?d...v/2018/803.html |
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Sat, 21 Apr 2018 - 13:08
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#16
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
The two(!) CoA rulings are here: http://www.bailii.org/cgi-bin/format.cgi?d...v/2016/610.html http://www.bailii.org/cgi-bin/format.cgi?d...v/2018/803.html They had already failed at Parking Penalty Adjudication and had a request for Judicial Review of that turned down. Beggars belief. |
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Sat, 21 Apr 2018 - 19:46
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#17
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Member Group: Members Posts: 56,195 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
When going seeking revenge, first dig two graves.......
They just never knew when to quite and heaped misery upon misery upon themselves. I’m not sure if it’s excessive hubris or excessive stupidity of a combination of the two! This post has been edited by The Rookie: Sat, 21 Apr 2018 - 19:50 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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