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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
BAILIFFCHASER
Can somebody direct me o n this. If a la is issuing unenforcable/illegal pcns and trying to collect them knowing that they are illegal. Would they be comitting a offence. Same situation but with bailiffs. Would the bailiffs be comittng a offence if the are collecting a warrant which was the result of a unenforcable/illegal pcn ?
quickboy
If it is the LA (Council) they are committing the act of Malfeasance and gaining unjust enrichment. Malfeasance is knowingly enforcing something they know to be wrong. District Auditor and local press may be the route to go to stop them. Not too sure about baliffs though. Others will know more.
BAILIFFCHASER
There was a clip in last years local and it was picked up. The council are denying this even though the website penaltycharges.com pointedit out to them that their ntos are invalid. Despite this they still continued to collect.
quickboy
All councils rely on people just paying up and not challenging PCNs. If they don't get many challenges they will consider it ok to keep on illegally enforcing. It is normal practice for a council to deny a problem exists, hoping it will just disappear. Not enough action is taken against councils who continue to flout the law. It is time that things changed!
BAILIFFCHASER
QUOTE (quickboy @ Sun, 25 Jan 2009 - 19:49) *
If it is the LA (Council) they are committing the act of Malfeasance and gaining unjust enrichment. Malfeasance is knowingly enforcing something they know to be wrong. District Auditor and local press may be the route to go to stop them. Not too sure about baliffs though. Others will know more.


Spoke to the gov ombudsman and he said only interested in anything in last 1 year. They prefer it goes to court as they do not have much power.
bluegolfboy
Okay...

I think I am with you guys.

Say you have 10 parking tickets from the council and have photographic 'evidence' that not one of them is correct.

You write to the council who then refuse your submission. You then appeal to the adjudicator who, for your own personal reasons, states that you are to late to appeal.

You then re-write to the council who again refuse to budge.

They pass it on to a debt collection firm and refuse to talk to you any further...

Would this fall under 'malfeasance'? Should I write a further letter pointing this out both to the council and also the collection agents???
Teufel
you would have to go to high court - maybe worth if for 10 tkts at bailiffs stage

plenty of help here if that the way you go
bluegolfboy
Further question on that one though...

HOW do I go about getting it to the HIGH Court? biggrin.gif
southpaw82
An application for judicial review (or Scotland's equivalent).
BAILIFFCHASER
I was going to go down that route but it involves to much paperwork !!!!!!!!!
bluegolfboy
What route did you go down instead?
ssfoe
QUOTE (southpaw82 @ Mon, 30 Mar 2009 - 16:36) *
An application for judicial review (or Scotland's equivalent).


JV in a Scottish Court is not easy. Apart from the restricted criteria you have to pass you have to have at least 30k to cover expenses for the other side if you lose. There is a way you can negotiate 'not liable due to or by' but it's not an easy path.
BAILIFFCHASER
Went to court.
JagDriver
Wins this weeks' award for most enigmatic post smile.gif
BAILIFFCHASER
QUOTE (JagDriver @ Tue, 21 Apr 2009 - 14:10) *
Wins this weeks' award for most enigmatic post smile.gif


I also got the snotty gong for being the most annoying person a bailiff company has ever known.
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