littleFred wrote:Is there a legal reason why he shouldn't?
Assuming the "bailiff" was an Enforcement Officer, the police have a duty to assist, under Courts Act 2003 sch 7 para 5.
I believe that a constables duty to assist an enforcement officer rests when the matter is in connection to land (Take note Ceylon/Chrisy Morris etc)
There is no duty to assist a private bailiff collecting a PCN.
I have recently been involved in 2 separate cases involving police and PCN's. In both cases, we believe the police have acted unlawfully and in one of those, I personally believe a large claim is possible (and hopefully forthcoming)
Bungle told me that she worked at the CAB
She lied
Footloose52 wrote:But surely bailiffs have access to DVLA records anyway so they can check registered keeper details without involving the police.
Just to be clear here, bailiffs cannot use DVLA to make enquiries about a vehicle unless they are in receipt of a warrant.
A few enforcement companies do have direct online access to DVLA enabling them to get instant real time information on a vehicle.
TUCO said to me:
“I envy you for the job that you do in helping advise people. If I could choose an occupation, this is what I would like to do. Much of the advice that I pass onto people is heavily influenced by your posts”.
Worzel Gummidge wrote:
There was a large thread on CAG where "Applecart", espoused the idea you mention, and encouraged two other members to fight an ongoing enforcement on their homes using the theory, of the void deed.
He/she wrote extremely eloquently, and many were taken in by the idea. BHall, a very knowledgeable poster on property matters, found early on that the cause of the misconception was a misunderstanding of a basic concept relating to, who had title of the property and who owned the charge.
littleFred wrote:
Your second sentence looks reasonable but the first seems unlikely. Can you quote legislation or something that supports it?
You are joking right? You seem to be implying that the PNC can be accessed for any old reason. There have been numerous reports of the police mis-using the PNC. I seriously cannot believe that you want proof that the PNC cannot be used by bailiffs enforcing a civil debt.
If not, do you think it might be an idea for you to do so first?
It's no use reading half of something-You may just as well not bother reading any of it.
If you can't be bothered to read an instrument properly, I cannot be bothered to hold your hand through it.
Tuco, you are starting again. Supporting a position by telling a poster to "check the amendment" then getting snotty and offensive when asked, quite reasonably, what amendment you are citing is the kind of bullshit that I've lost any patience for. Either cite or shut up. You, Droopy, Bungle and Worzel Gummidge are all on my list for banning without warning for you behavior on this board. Disagreement is fine but playing silly word games and stunts like this is a ticket to being banned.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".
I read the Act as it is currently amended. After your "Check the amendment" comment I carefully read each of the ten amendments to the schedule. I can't see one that limits the application of paragraph 5 to particular writs or warrants. In fact, the only amendment to that para expands it from "a writ" to "a writ or warrant".
Other paragraphs are limited in scope. Para 5 isn't, as far as I can see.
Tuco wrote:I believe that a constables duty to assist an enforcement officer rests when the matter is in connection to land
If it's simply a belief with no grounding, that's fine, but please say so.
littleFred wrote:I read the Act as it is currently amended. After your "Check the amendment" comment I carefully read each of the ten amendments to the schedule. I can't see one that limits the application of paragraph 5 to particular writs or warrants. In fact, the only amendment to that para expands it from "a writ" to "a writ or warrant".
Other paragraphs are limited in scope. Para 5 isn't, as far as I can see.
Tuco wrote:I believe that a constables duty to assist an enforcement officer rests when the matter is in connection to land
If it's simply a belief with no grounding, that's fine, but please say so.
It is the duty of every constable, at the request of—
(a)an enforcement officer, or
(b)a person acting under the officer’s authority,
to assist the officer or that person in the execution of a writ or warrant.
Quite possibly the least nonsensical Colon video I've ever seen. Even Mickey manages to stay mostly on point.
I used to think that Mickey was Haining's puppet - when he first appeared in the company of the usual crew at one of Tom's court appearances he didn't come across as that 'bright' but now I am developing a sort of respect for him and can't help but think he would do well to dump the motley crew and fight his own fight - I think he is capable so doesn't need the 'help' of those with a different agenda.
Quite possibly the least nonsensical Colon video I've ever seen. Even Mickey manages to stay mostly on point.
I used to think that Mickey was Haining's puppet - when he first appeared in the company of the usual crew at one of Tom's court appearances he didn't come across as that 'bright' but now I am developing a sort of respect for him and can't help but think he would do well to dump the motley crew and fight his own fight - I think he is capable so doesn't need the 'help' of those with a different agenda.
I think that Mickey knows that keeping in with Ceylon ensures that his story gets into the media. I would go so far as to say that they are using each other.
He would do better though if he stopped using the word 'cartel'.
According to wiki, a Cartel is:
an agreement between competing firms to control prices or exclude entry of a new competitor in a market. It is a formal organization of sellers or buyers that agree to fix selling prices, purchase prices, or reduce production using a variety of tactics
TUCO said to me:
“I envy you for the job that you do in helping advise people. If I could choose an occupation, this is what I would like to do. Much of the advice that I pass onto people is heavily influenced by your posts”.
