Hi all
I've just won a judgement against Whites CPS, but I'm not sure what to do now! It seems from form EX321 here that I ask the court for one of these:
1. a warrant of execution (ie send in the bailiffs)
2. an attachment of earnings order (ie they take it from his pay packet)
3. a third party debt order (ie they freeze his bank account & take it from there)
4. a charging order (ie they stop him selling assets, property etc, without paying me first)
All well & good, but if you don't know where the defendant (or his bank account) is, you're a bit stuck! I guess that accounts for his 7 outstanding CCJs...
Any ideas please?
Cheers
Andy
Full Version: Won a judgement against Whites CPS, how to enforce?
See dave-o's post #66.
If you mean start again, including the landowner in my claim - well, that would be tricky. I am the landowner!
Whites clamped a car belonging to a neighbouring business of mine, parked in my car park, just as they're allowed to do. They should've been displaying a permit of course, but clamping them was still specifically against my written instructions to White to check with me by phone before clamping anyone who claimed to have a right to park in my car park - added to the contract by me to avoid aggro with my neighbours.
They paid up to get unclamped, I paid them back as it wasn't really their fault, claimed against Whites & won.
So, seeing as he has umpteen unpaid CCJs against him, am I going to be banging my head against a brick wall trying to get my money?
ETA I know, I should never have got him in in the first place. But I had a major problem with shoppers blocking up the entrance to my car park, as I need to get in & out several times a day. White is now sacked (obviously) and I'm going to get a barrier of some kind.
Whites clamped a car belonging to a neighbouring business of mine, parked in my car park, just as they're allowed to do. They should've been displaying a permit of course, but clamping them was still specifically against my written instructions to White to check with me by phone before clamping anyone who claimed to have a right to park in my car park - added to the contract by me to avoid aggro with my neighbours.
They paid up to get unclamped, I paid them back as it wasn't really their fault, claimed against Whites & won.
So, seeing as he has umpteen unpaid CCJs against him, am I going to be banging my head against a brick wall trying to get my money?
ETA I know, I should never have got him in in the first place. But I had a major problem with shoppers blocking up the entrance to my car park, as I need to get in & out several times a day. White is now sacked (obviously) and I'm going to get a barrier of some kind.
Just FYI, you can clamp cars without a license as long as you don't charge for release.
This could be a way to discourage nuisance parkers without employing goons such as White (at least until you get your barriers).
This could be a way to discourage nuisance parkers without employing goons such as White (at least until you get your barriers).
QUOTE (dave-o @ Tue, 2 Nov 2010 - 14:35) 
Just FYI, you can clamp cars without a license as long as you don't charge for release.
This could be a way to discourage nuisance parkers without employing goons such as White (at least until you get your barriers).
This could be a way to discourage nuisance parkers without employing goons such as White (at least until you get your barriers).
and you can get a clamp for about 20 quid. Put up clear signs warning of clamping, and clamp anyone who shouldnt be there, put your phone number on the sign and arrive a few hours after they call you up.
Any clamping company will clamp people they shouldnt, specially when they have stopped the persistent offenders, wheres the money going to come from? They see it as they might aswell milk your car park for the last few thousand before they are told to do one.
How did you get in touch with him in the first place? Have you not got any fixed address you can send the bailiffs round to?
If he has changed his address, try contacting him under a new name, with a different car park(any local car park), tell him you need it enforcing, when he turns up, nobody will be waiting for him, just park round the corner, when he leaves, follow him, seems a bit extreme but it may work.
Was the judgement against a limited or non-limited company.
If limited, you could use a form EX141 to bring him to court to be questioned about company bank accounts before applying for the third party debt order. As you know, you wouldn't be able to touch his personal assets.
If limited, you could use a form EX141 to bring him to court to be questioned about company bank accounts before applying for the third party debt order. As you know, you wouldn't be able to touch his personal assets.
any recourse in the contract ?
Would it be legal to bait him to a new car park and have bailiffs waiting there for him?
Clamp his car, no release fee, but you won't release it unless he can provide proof of ID in the form of a driving licence.
Clamp his car, no release fee, but you won't release it unless he can provide proof of ID in the form of a driving licence.
QUOTE (strollingplayer @ Tue, 2 Nov 2010 - 17:07)
Would it be legal to bait him to a new car park and have bailiffs waiting there for him?
Clamp his car, no release fee, but you won't release it unless he can provide proof of ID in the form of a driving licence.
Clamp his car, no release fee, but you won't release it unless he can provide proof of ID in the form of a driving licence.
If you've got baillifs and a warrant then you could charge the "fee" (i.e. judgement amount) for release, no?
QUOTE (PRg @ Tue, 2 Nov 2010 - 14:44)
How did you get in touch with him in the first place? Have you not got any fixed address you can send the bailiffs round to?
If he has changed his address, try contacting him under a new name, with a different car park(any local car park), tell him you need it enforcing, when he turns up, nobody will be waiting for him, just park round the corner, when he leaves, follow him, seems a bit extreme but it may work.
If he has changed his address, try contacting him under a new name, with a different car park(any local car park), tell him you need it enforcing, when he turns up, nobody will be waiting for him, just park round the corner, when he leaves, follow him, seems a bit extreme but it may work.
He contacted me. I've PM'd someone on this site who says he has Jason White's home address, although as someone in this thread said, that's not actually much use to me, it has to be the company that pays me.
Nice idea - he's a bit far away to do that though.
QUOTE (Gan @ Tue, 2 Nov 2010 - 14:48)
Was the judgement against a limited or non-limited company.
If limited, you could use a form EX141 to bring him to court to be questioned about company bank accounts before applying for the third party debt order. As you know, you wouldn't be able to touch his personal assets.
If limited, you could use a form EX141 to bring him to court to be questioned about company bank accounts before applying for the third party debt order. As you know, you wouldn't be able to touch his personal assets.
Limited company - thanks, I'll look into that.
If you have his home address, you at least know where to send the EX141. I've heard conflicting stories about the consequences of failing to show up when summoned via EX141, which may or may not include an arrest warrant.
QUOTE (strollingplayer @ Wed, 3 Nov 2010 - 14:32)
If you have his home address, you at least know where to send the EX141. I've heard conflicting stories about the consequences of failing to show up when summoned via EX141, which may or may not include an arrest warrant.
Excellent, thanks - just filling in a N316A now, that will get a EX141 delivered to him by a bailiff. Watch this space!
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