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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Bailiffs have removed clamps from car after full payment of

Customer Question

Bailiffs have removed clamps from car after full payment of £512 (disputed parking fine) but failed to remove distressing bailiffs notice from windscreen - causing unnecessary prolonged embarrassment. Should I not I have a valid case against them?
Also the bailiff put the distress notice through a shared letterbox into a house with 7 apartments for everyone to see without putting this in an envelope and I arrived to find it fully laid out in the shared foyer for all my neighbors to see. He denies and claims he put it in a sealed envelope and I know no one would open my letter -I have asked then all - I have lived here for 2 years and no one would do that. What can I do about this?
Basically I feel I have been caused unnecessary distress on two counts - the note still remains on my car 2 days after payment.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if the distress was valid and how much you are seeking to claim?
JACUSTOMER-91hfa91t- :

Hi.

JACUSTOMER-91hfa91t- :

The distress was valid but my issue was with 1) The harassing nature of posting the warrant without an envelope in a public foyer for everyone to see - i.e. deliberately choosing to cause unnecessary embarrasment

JACUSTOMER-91hfa91t- :

and 2) Leaving the note on my windscreen after removing the clamp.. they half tore it off but it is still there and you can clearly see it's a bailiff's notice.. So anyone on the streets can see i have 'financial issues with bailiffs' - when this should have been removed with the clamp when i paid up 2 days ago.

JACUSTOMER-91hfa91t- :

Can I sue them for harassment for point 1) and causing unnecessarily prolonged embarrassment and distress for point 2) ?

JACUSTOMER-91hfa91t- :

Hi Alex... shall I wait for email reply.. not sure how this chat system works - you appear to keep dropping out....Maybe bad connection..

Alex Watts : How much do you want to Sue for?
JACUSTOMER-91hfa91t- :

I didn't have a figure in mind - I just wanted to know initially if they are behaving legally and if I have a plausible case against them.

JACUSTOMER-91hfa91t- :

It is not about money but the principle ...and if I had to choose a figure, I would probably try an make a point by choosing exactly £512 (which was how much they collected) .

Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this tofay please?
JACUSTOMER-91hfa91t- :

Thank you.

JACUSTOMER-91hfa91t- :

Still do need clarification on the legality or plausibility of grounds for claim for the two issues before going ahead.
1) Posting something that should be confidential through a shared letterbox without an envelope... Does this constitute violating my right to confidentiality and privacy and therefore causing unnecessary embarrassment? I'm a very private, reserved person and I am very embarrassed that all my neighbors have seen a warrant of intent to enter the premises and seize my goods (no mention of the parking fine - so they could assume the worst like bad debts etc)
2) Are they not required to completely remove all notices pasted on my car after payment? They haven't used easy to remove stickers which is why they haven't succeeded in removing it completely.. I don't want to damage my windscreen by attempting to scrape off their mess. In the meantime the sticker is there for ALL to see that I have bailiff issues

I need legal guidance on this rather than on how to proceed (helpful as it is). Sorry if I haven't been clear.
.

Alex Watts : 1) if they knew it was shared then it would be a breach of the data protection act and that is a basis you can sue
Alex Watts : 2) there is no legal requirement to remove any notices. There is nothing to stop people seeing the sticker even before you had paid.
Alex Watts : Does that help?
JACUSTOMER-91hfa91t- :

Great, thanks - it does help.

JACUSTOMER-91hfa91t- :

Point 2 is that my car is left 'defaced' - at least my windscreen and with embarrassing information that is no longer relevant as they have not removed it. Thanks

JACUSTOMER-91hfa91t- :

Happy to close..

Alex Watts :

Yes indeed.

Alex Watts :

Can I clarify anything else for you today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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