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#Post#: 29888--------------------------------------------------
Ministry of Justice order to pay damages after car wrongly clamp
ed
By: Southpaw82 Date: July 15, 2024, 4:13 am
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Court of Appeal Judgment
HTML https://www.bailii.org/ew/cases/EWCA/Civ/2024/681.pdf
MoJ denied that it was liable for the actions of a self-employed
enforcement agent, contrary to its own guidelines.
#Post#: 32937--------------------------------------------------
Re: Ministry of Justice order to pay damages after car wrongly c
lamped
By: ivanleo Date: August 11, 2024, 5:18 am
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What I really struggle with is why on Earth would you use civil
enforcement for a criminal fine?? Surely sending officers
empowered to bash the door in and arrest the offender is far
more effective?
#Post#: 32940--------------------------------------------------
Re: Ministry of Justice order to pay damages after car wrongly c
lamped
By: Southpaw82 Date: August 11, 2024, 6:02 am
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Are they not enforced by a person authorised under s 63(2) of
the Courts, Tribunals and Enforcement Act 2007?
#Post#: 33532--------------------------------------------------
Re: Ministry of Justice order to pay damages after car wrongly c
lamped
By: ivanleo Date: August 15, 2024, 7:15 pm
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That's my point, why use civil powers with all the associated
limitations? Enforcement agents using civil powers can do very
little if one has a car on finance and simply refuses to open
the door, on the other hand HMCTS officers or police with a
bench warrant for non-payment of fines can just bash the door
in, and explain to the debtor that if he doesn't pay up he will
be arrested and taken into custody. Those are powers the likes
of DCBL can only dream of, so why not use them?
#Post#: 33534--------------------------------------------------
Re: Ministry of Justice order to pay damages after car wrongly c
lamped
By: Southpaw82 Date: August 16, 2024, 3:13 am
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I have no idea what powers are available to the Magistrates
Court post-2007.
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