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#Post#: 42025--------------------------------------------------
Re: BAILIFF Southwark- Driving down one way street - Friary Road
Peckham - No PCN received
DIR By: fraser.mitchell
Date: October 23, 2024, 8:44 am
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Just looking at this in the Tribunals, Courts and Enforcement
Act 2007
HTML https://www.legislation.gov.uk/ukpga/2007/15/schedule/12
It says here: -
Goods which may be taken
9An enforcement agent may take control of goods only if they
are—
(a)on premises that he has power to enter under this Schedule,
or
(b)on a highway.
#Post#: 42041--------------------------------------------------
Re: BAILIFF Southwark- Driving down one way street - Friary Road
Peckham - No PCN received
DIR By: katejay
Date: October 23, 2024, 9:29 am
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Ah, I am parked on a public street and not on private property
hence why he could clamp I imagine.
#Post#: 42056--------------------------------------------------
Re: BAILIFF Southwark- Driving down one way street - Friary Road
Peckham - No PCN received
DIR By: Pressman
Date: October 23, 2024, 10:11 am
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The Traffic Enforcement Centre confirmed the Warrant of Control
lists your old address, making it defective. This explains why
you were unaware of the debt until bailiffs located your vehicle
using an ANPR camera.
To demand the immediate release of your vehicle, send a Rule 6
notice to Southwark Council, copying the bailiff company.
The enforcement breaches Paragraph 66 of Schedule 12 of the
Tribunals, Courts and Enforcement Act 2007, allowing you to seek
damages or obtain a court order for vehicle release under
sections 3 and 4 of the Torts (Interference with Goods) Act
1977.
The incorrect address also means you didn't receive a Notice of
Enforcement (NOE) before clamping, giving you another basis to
claim damages.
Once notice is given and the clamp removed, the bailiff has no
further action available.
Drafting a notice is beyond the scope of this website, but
searching online for "bailiffs clamped vehicle defective
instrument" may provide examples.
#Post#: 42060--------------------------------------------------
Re: BAILIFF Southwark- Driving down one way street - Friary Road
Peckham - No PCN received
DIR By: H C Andersen
Date: October 23, 2024, 10:21 am
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The OP hasn't given address details, they've only used terms
like permanent, temporary and new. How would TEC give you the
OP's address?
Even if a warrant is made out in respect of an address which
could not be considered 'premises', how does this invalidate
clamping on the highway given:
Goods which may be taken
9An enforcement agent may take control of goods only if they
are—
(a)on premises that he has power to enter under this Schedule,
or
(b)on a highway.
They might not be able to take control of goods on premises
which they do not, by virtue of having a defective instrument,
have the power to enter, but this doesn't deal with (b).
The Notice of Enforcement is another matter.
#Post#: 42070--------------------------------------------------
Re: BAILIFF Southwark- Driving down one way street - Friary Road
Peckham - No PCN received
DIR By: stamfordman
Date: October 23, 2024, 10:53 am
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We don't why the OP didn't get any letters despite a
redirection.
OP, was the logbook in your name as well as the address?
Something doesn't seem right.
PCN date: 22 April 2024.
HTML https://i.imgur.com/1ERjQWx.png
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