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#Post#: 37099--------------------------------------------------
Are TFL bailiffs using fake warrants?
DIR By: Jobsworth
Date: September 16, 2024, 12:31 pm
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Last year I was fined for driving a Mercedes Vito through
Rotherhithe tunnel. I'm not from London but have since found out
there was a big uproar when this system was introduced a few
years ago, as it caught out lots of unsuspecting small van
owners who never are usually restricted from driving on any
roads. The signage there is terrible and confusing, dozens of
warning sign in a tiny space. I appealed the fine on the basis
of poor signage, I happen to be an qualified expert in this
area. However the appeal was rejected and there was not further
recourse allowed, due to TFL's own dodgy appeal limitations.
Unfortunately the appeal rejection letter was sent to me while I
was on holiday so because I didn't respond in 14 days they
increased my fine substantially. I called TFL and offered to pay
the original fine amount explaining why I had missed their 14
day window, the person I spoke was sympathetic but said she
could not reduce the fine. Her advice was that they never take
unpaid fines to court so I could probably ignore it. I was about
to move house so regrettably did that. The house move took
longer than expected and I promptly got a letter from Marstons
debt recovery saying they had a warrant to enter my home about a
week before Christmas, they now wanted about 4 times the
original fine amount. Not wanting my family to deal with this
over Christmas I paid the full amount but asked to see a copy of
the warrant. They would not send me a copy.
At this point I got suspicious because it didn't seem like there
had been enough time for them to get a warrant. So after paying
the full amount, I pursued getting a copy of the warrant.
Marstons kept saying TFL had a copy, and TFL kept saying
Marstons had it. After many rounds of this it was clear neither
of them had a copy of the alleged warrant. So I tried to contact
Northampton County Court where the warrant was supposedly issued
from (according to the letter from Marstons). The court just
forwarded me around various e-mail addresses and I have been
going around in circles for months with no warrant or case ID
ever being produced.
I am now 100% convinced there was never any warrant and they
just put this on their demand letters to scare people. Well it
works, but I feel I have been extorted by Marstons who have had
a few hundred pounds paid to them by me due to fear of a real
warrant existing. The courts don't seem to care their name is
being used in this way. TFL couldn't care less. Without the
courts confirming that this warrant doesn't exists I can't
further a small claim against TFL.
Is there anything else I could possibly do to get my money back?
As this is no doubt a common practice by TFL is there any chance
of a class action suit against them? I'm sure thousands of
people are being duped this way, if indeed no warrant ever
existed.
#Post#: 37103--------------------------------------------------
Re: Are TFL bailiffs using fake warrants?
DIR By: stamfordman
Date: September 16, 2024, 1:56 pm
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Decriminalised traffic penalties aren't taken to a magistrate
but are to the Traffic Enforcement Centre in Northampton, which
grants debt enforcement to authorities such as TFL. I very much
doubt anyone said you could ignore a PCN.
When you moved you no doubt missed the follow-up notices. A
warrant will probably have been taken out for your old address
and I believe when bailiffs track you down they are supposed to
get a new warrant, but others will tell you more.
#Post#: 37119--------------------------------------------------
Re: Are TFL bailiffs using fake warrants?
DIR By: Pressman
Date: September 16, 2024, 3:42 pm
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In response to your query, the Warrant is legitimate and does
not require a wet-ink signature. It is a procedural document
issued under Civil Procedure Rule 75, which allows an authority
to seek permission to employ Enforcement Agents to recover
unpaid Traffic Contravention Debts.
If a bailiff or their company refuses to present the Warrant,
it's often because they suspect it may be 'defective'—for
instance, due to an incorrect address or another issue. Such a
defect could render the enforcement power invalid and
potentially lead to a claim for damages against Transport for
London (TfL).
Remember, if you find yourself in a situation where money has
been taken under a defective Warrant, you have the right to
demand evidence of the Warrant and prove its defect. Once this
is established, you can rightfully apply for the return of the
money and your legal costs.
First, issue a Rule 6 Notice under the Pre-Action Conduct and
Protocol, requesting evidence of the Warrant of Control. Be sure
to copy in both TfL and the bailiff company. If they respond
with excuses, you may proceed to court, claim it's a
"complaint," or suggest you file a DSAR. Apply for Relief from
Sanctions and request an order compelling TfL to produce the
Warrant of Control.
If the Warrant lists your previous address, you are entitled to
recover the money the bailiff took and your legal costs.
However, before proceeding with a claim, it is wise to allow TFL
the opportunity to return the money and explain why the Warrant
is defective, providing evidence of your current address. This
leaves TFL no option but to act, as their position becomes
untenable. TFL may seek to recover their loss from Marston, as
their actions exceeded regulatory boundaries by tracing you or
using an ANPR camera, which Parliament or the MOJ does not
officially authorise.
Then post the Warrant here when you have it.
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