Beware ! Traffic Police and civil parking matters

[Devil2575]

Digby said:

FiF said:

So pretty much what a number of us on this thread were saying and were rubbished for doing so.

Worth quoting.These types of threads are always great to look back on and remember for future use..

Red Devil said:

Some on here predicted that it was all highly dodgy but the usual suspects thought it was just the ticket.

But now you either get to watch them squirm, or chuckle at how they are suddenly ignoring the thread.

Edited by Digby on Saturday 24th January 03:53

Even a stopped clock is right twice a day...

[anonymous-user]

Snowboy said:

Zod said:

Unless someone takes it to the High Court, there will be no basis to consider it legal. You've been told by lawyers and Police officers that it is not, but you prefer your own view.

Nope.
I've seen a few random pH personalities argue that in their opinion it's illegal.
But, I've also seen it actually happening on the streets after being approved by the police, TFL and probably several other legal organisations.

So, on balance, I'll believe it's perfectly legal, because that's the most likely scenario.

Think I'll leave this here.

[Digby]

Devil2575 said:

Even a stopped clock is right twice a day...

It's also wrong almost every time you look at it.

[allergictocheese]

Yikes.

[Ian Geary]

Ian Geary said:

vonhosen said:

I don't believe the Police will just be stopping the vehicle for the bailiff.

I've seen Vonhosen called a few things over the years, but naive will be a new one to me.



Ian

Thread back from the dead...but only because I'm watching some Parking fly on the wall programme, and have just seen...

Bailiffs flag a car on APNR (the bailiffs did the identification themselves); cut to the police ordering the car to pull over then walking off, then the bailiffs walking to the car and insist they pay £500+ parking fines or have the car seized.

So 100% looks like the Police using their powers at the direction of a private bailiff firm, to help them collect debt.

My post from the past stuck in my mind, as I was sure I recall a Police type poster being adament the police wouldn't ever do this...


Note: I support this collection action, just seems odd police types on here were so touchy about something that is obviously occuring.


Ian

[Cyberprog]

IIRC this practice has now ceased - the police (quite rightly IMHO) copped a lot of flak for this "operation"

[Martin4x4]

Ian Geary said:

Thread back from the dead...but only because I'm watching some Parking fly on the wall programme, and have just seen...

Bailiffs flag a car on APNR (the bailiffs did the identification themselves); cut to the police ordering the car to pull over then walking off, then the bailiffs walking to the car and insist they pay £500+ parking fines or have the car seized.

So 100% looks like the Police using their powers at the direction of a private bailiff firm, to help them collect debt.

My post from the past stuck in my mind, as I was sure I recall a Police type poster being adament the police wouldn't ever do this...


Note: I support this collection action, just seems odd police types on here were so touchy about something that is obviously occuring.


Ian

Yes, I saw the same thing and found it pretty shocking.

http://www.bbc.co.uk/programmes/b0449dk4

The drivers shown were d***s, one unemployed guy driving his wife to work, in his mums motability car, ticketed for parking on zig-zags for example.

[Bigends]

Police are supposed to be impartial - not helping enforce civil debts

[aw51 121565]

Ian Geary said:

Thread back from the dead...but only because I'm watching some Parking fly on the wall programme, and have just seen...

Bailiffs flag a car on APNR (the bailiffs did the identification themselves); cut to the police ordering the car to pull over then walking off, then the bailiffs walking to the car and insist they pay £500+ parking fines or have the car seized.

So 100% looks like the Police using their powers at the direction of a private bailiff firm, to help them collect debt.

My post from the past stuck in my mind, as I was sure I recall a Police type poster being adament the police wouldn't ever do this...


Note: I support this collection action, just seems odd police types on here were so touchy about something that is obviously occuring.


Ian

I refer you to

Red Devil said:

testosterone2 said:

Whilst he seemed a nice enough person his reply really was that expected of a civil servant. He explained that as far as the met were concerned bailiff's were officers appointed by the court therefore they were following through the law of the land. He did not see why the met should not get involved. Whilst he sympathized with me about my matter he also went on to say how the met had seized over 100,000 vehicles since traffic stopping was deployed.

It is deeply depressing that he appears to have been (and may be still is) ignorant of, or deliberately going beyond, the Met's SoP.

Section 85 County Courts Act 1984

This relates to the execution of judgements or orders for payment of money.

It has been often quoted that police officers have a duty to assist officers of the court executing these warrants by virtue of Section 85(4), which states “It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant”

However this section has been restricted by virtue of Statutory Instrument 1993/2073 - The Enforcement of Road Traffic Debts Order 1993 (article 6)

This section does not afford police officers with a power to execute the warrant and there is no power for police officers to detain a person in order for CEOs to execute the warrant. Police officers powers in relation to these warrants would be limited to the common law power to prevent a breach of the peace.

...

from 25th January. It's stopped now, but it has happened in the past.