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Took the bailiffs to court - £30000 costs, Threads merged
PASTMYBEST
post Wed, 18 Apr 2018 - 16:27
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Hubby needs a kicking
https://www.msn.com/en-gb/news/uknews/mothe...ocid=spartanntp


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post Wed, 18 Apr 2018 - 16:27
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The Rookie
post Wed, 18 Apr 2018 - 17:06
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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!


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cp8759
post Wed, 18 Apr 2018 - 18:48
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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.


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DancingDad
post Wed, 18 Apr 2018 - 21:24
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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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samthecat
post Wed, 18 Apr 2018 - 22:23
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Beaten to it.....

http://forums.pepipoo.com/index.php?showtopic=119864


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peterguk
post Wed, 18 Apr 2018 - 22:25
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Keep up at the back biggrin.gif

http://forums.pepipoo.com/index.php?showtopic=119864


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southpaw82
post Wed, 18 Apr 2018 - 22:25
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QUOTE (samthecat @ Wed, 18 Apr 2018 - 23:23) *



QUOTE (peterguk @ Wed, 18 Apr 2018 - 23:25) *

Ironic.


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anon45
post Thu, 19 Apr 2018 - 19:51
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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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southpaw82
post Thu, 19 Apr 2018 - 19:54
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It’s the car owner’s debt isn’t it?


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anon45
post Thu, 19 Apr 2018 - 19:55
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QUOTE (southpaw82 @ Thu, 19 Apr 2018 - 20:54) *
It’s the car owner’s debt isn’t it?

Ah yes, I hadn't thought of that. blush.gif
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notmeatloaf
post Fri, 20 Apr 2018 - 20:51
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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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cp8759
post Fri, 20 Apr 2018 - 20:57
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QUOTE (notmeatloaf @ Fri, 20 Apr 2018 - 21:51) *
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


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southpaw82
post Fri, 20 Apr 2018 - 21:00
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QUOTE (notmeatloaf @ Fri, 20 Apr 2018 - 21:51) *
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?


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DancingDad
post Fri, 20 Apr 2018 - 23:28
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QUOTE (southpaw82 @ Fri, 20 Apr 2018 - 22:00) *
QUOTE (notmeatloaf @ Fri, 20 Apr 2018 - 21:51) *
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.

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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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anon45
post Sat, 21 Apr 2018 - 09:05
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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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DancingDad
post Sat, 21 Apr 2018 - 13:08
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QUOTE (anon45 @ Sat, 21 Apr 2018 - 10:05) *


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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The Rookie
post Sat, 21 Apr 2018 - 19:46
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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


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