Police In Devon stopping people and passing them to bailiffs
Police In Devon stopping people and passing them to bailiffs
Author
Discussion

James.Pond

Original Poster:

59 posts

10 months

Thursday 13th February
quotequote all
Police stopping people at joint DVSA Road Side Check and then handed them over to council and Civil Enforcement Bailiffs if Plymouth City say you have outstanding parking fines!

https://www.plymouthplus.co.uk/over-100-drivers-st...


I am pretty sure years ago The Met did the same thing with TFL and Bailiffs and there was a complaint and legal challenge and The Met were told it was not lawful and they cannot blur the lines between criminal and civil as it always used to be that Police cannot get involved in Civil Legal Matters and must remain impartial.

The issue comes as police and council have no lawful authority as far as I am aware to stop motorist and detain them and the police are effectively using their powers of detainment to aid Civil Recovery, unless I am wrong?

AndyNetwork

1,848 posts

210 months

Thursday 13th February
quotequote all
Don;t the DVSA have powers to stop? Surely they inherited them from VOSA, when DVLA and VOSA merged to form DVSA.


Dog Star

17,026 posts

184 months

Thursday 13th February
quotequote all
Hang on - but if someone steals from you (or there’s the slightest hint of them being able to worm out) then they’ll pull the “I’m afraid that’s a civil matter sir” line.


James.Pond

Original Poster:

59 posts

10 months

Thursday 13th February
quotequote all
AndyNetwork said:
Don;t the DVSA have powers to stop? Surely they inherited them from VOSA, when DVLA and VOSA merged to form DVSA.
Yes they do for all vehicles but I believe they focus on commercial.

James.Pond

Original Poster:

59 posts

10 months

Thursday 13th February
quotequote all
Dog Star said:
Hang on - but if someone steals from you (or there’s the slightest hint of them being able to worm out) then they’ll pull the “I’m afraid that’s a civil matter sir” line.
We aren't talking personal debts we are talking Plymouth City Fines in this case.

Bailiffs and Enforcement Agents have a remit in some cases they use ANPR to find vehicles owing DVLA VED or Fine in some cases.

Since the police are snowed under and cannot attend many crimes no I would prefer they did not get involved in abusing their powers to stop motorists and detaining them to Bailiffs can hold them to ransom.

If they have debts to collect they should attend these peoples homes and collect monies through a lawful route.



LosingGrip

8,371 posts

175 months

Thursday 13th February
quotequote all
It wouldn't have just been for the unpaid fines.

We do similar things with DVSA, HMRC for red diesel. We stop them for various reasons and the others use their powers to have a look over the vehicles as well.

martinbiz

3,586 posts

161 months

Thursday 13th February
quotequote all
AndyNetwork said:
Don;t the DVSA have powers to stop? Surely they inherited them from VOSA, when DVLA and VOSA merged to form DVSA.
The DVLA has not merged, it is still a stand alone body, VOSA simply became the DVSA

martinbiz

3,586 posts

161 months

Thursday 13th February
quotequote all
LosingGrip said:
It wouldn't have just been for the unpaid fines.

We do similar things with DVSA, HMRC for red diesel. We stop them for various reasons and the others use their powers to have a look over the vehicles as well.
Yes but they are criminal matters, collecting unpaid parking fines is'nt

Bigends

5,921 posts

144 months

Thursday 13th February
quotequote all
Heres the previous incident where Police were stopping cars and handing over to bailiffs - subsequently ruled unlawful as I recall
https://www.whatdotheyknow.com/request/powers_to_s...

Bigends

5,921 posts

144 months

Thursday 13th February
quotequote all
LosingGrip said:
It wouldn't have just been for the unpaid fines.

We do similar things with DVSA, HMRC for red diesel. We stop them for various reasons and the others use their powers to have a look over the vehicles as well.
Once the driver has complied with their obligations under the road traffic act and the vehicle has been checked over then surely theyre free to leave with no obligation to speak with other parties?

Nibbles_bits

1,779 posts

55 months

Thursday 13th February
quotequote all
James.Pond said:
Police stopping people at joint DVSA Road Side Check and then handed them over to council and Civil Enforcement Bailiffs if Plymouth City say you have outstanding parking fines!

https://www.plymouthplus.co.uk/over-100-drivers-st...


I am pretty sure years ago The Met did the same thing with TFL and Bailiffs and there was a complaint and legal challenge and The Met were told it was not lawful and they cannot blur the lines between criminal and civil as it always used to be that Police cannot get involved in Civil Legal Matters and must remain impartial.

The issue comes as police and council have no lawful authority as far as I am aware to stop motorist and detain them and the police are effectively using their powers of detainment to aid Civil Recovery, unless I am wrong?
Weren't the police stopping vehicles for safety checks.....and the Council and Bailiffs were also present carrying out their own checks??

Where's the information that they, or their details, were passed to the Bailiffs?

Nibbles_bits

1,779 posts

55 months

Thursday 13th February
quotequote all
James.Pond said:
Dog Star said:
Hang on - but if someone steals from you (or there’s the slightest hint of them being able to worm out) then they’ll pull the “I’m afraid that’s a civil matter sir” line.
We aren't talking personal debts we are talking Plymouth City Fines in this case.

Bailiffs and Enforcement Agents have a remit in some cases they use ANPR to find vehicles owing DVLA VED or Fine in some cases.

Since the police are snowed under and cannot attend many crimes no I would prefer they did not get involved in abusing their powers to stop motorists and detaining them to Bailiffs can hold them to ransom.

If they have debts to collect they should attend these peoples homes and collect monies through a lawful route.
Which is great, if the vehicle isn't fraudulently registered or nit registered at all

Bigends

5,921 posts

144 months

Nibbles_bits

1,779 posts

55 months

Thursday 13th February
quotequote all
Bigends said:
Heres the previous incident where Police were stopping cars and handing over to bailiffs - subsequently ruled unlawful as I recall
https://www.whatdotheyknow.com/request/powers_to_s...
Is there any evidence, given that it may have been unlawful, that the same tactics were being used on this occasion?

Because it's not mentioned in the article.

Bigends

5,921 posts

144 months

Thursday 13th February
quotequote all
Nibbles_bits said:
Bigends said:
Heres the previous incident where Police were stopping cars and handing over to bailiffs - subsequently ruled unlawful as I recall
https://www.whatdotheyknow.com/request/powers_to_s...
Is there any evidence, given that it may have been unlawful, that the same tactics were being used on this occasion?

Because it's not mentioned in the article.
How would this -
'Not only were the police and DVSA involved in the checkpoint but Civil Enforcement Officers from Plymouth City Council and their bailiff were present, attempting to recover unpaid parking charges'.
have been done without the assistance of officers bearing in mind the driver would be under no obligation to speak with the enforcement officers - assuming they werent informed that this was the case?


Edited by Bigends on Thursday 13th February 19:08

Nibbles_bits

1,779 posts

55 months

Thursday 13th February
quotequote all
The police lawfully stop the vehicle.
The Bailiffs approaches.
The Bailiff engages with the driver.
Driver does or doesn't speak with the Bailiffs.

There's nothing in the article to suggest the police had any involvement in the interaction between the driver and Bailiffs.

There's nothing in the article that suggests the police forced the drivers to speak with the Bailiffs.

Is there any information from the council on how much they recovered?

Are people getting angry about something that hasn't actually happened?

Bigends

5,921 posts

144 months

Thursday 13th February
quotequote all
Nibbles_bits said:
The police lawfully stop the vehicle.
The Bailiffs approaches.
The Bailiff engages with the driver.
Driver does or doesn't speak with the Bailiffs.

There's nothing in the article to suggest the police had any involvement in the interaction between the driver and Bailiffs.

There's nothing in the article that suggests the police forced the drivers to speak with the Bailiffs.

Is there any information from the council on how much they recovered?

Are people getting angry about something that hasn't actually happened?
Police shouldn't have any dealings with debt collectors other than usual breach of peace issues

Nibbles_bits

1,779 posts

55 months

Thursday 13th February
quotequote all
Bigends said:
Nibbles_bits said:
The police lawfully stop the vehicle.
The Bailiffs approaches.
The Bailiff engages with the driver.
Driver does or doesn't speak with the Bailiffs.

There's nothing in the article to suggest the police had any involvement in the interaction between the driver and Bailiffs.

There's nothing in the article that suggests the police forced the drivers to speak with the Bailiffs.

Is there any information from the council on how much they recovered?

Are people getting angry about something that hasn't actually happened?
Police shouldn't have any dealings with debt collectors other than usual breach of peace issues
It doesn't say that they had any dealings with them, just that the Council and their Bailiffs were present.

There's nothing to suggest the police had any involvement with the Bailiffs dealing with the unpaid fines.

Alex_225

6,981 posts

217 months

Thursday 13th February
quotequote all
Seems they were doing spot checks for MOTs, dodgy tyres etc. But the Council and Chums tagged along to see if they could nab people as well:

"Not only were the police and DVSA involved in the checkpoint but Civil Enforcement Officers from Plymouth City Council and their bailiff were present, attempting to recover unpaid parking charges."

Seems pretty lousy either way though. Are these kind of operations commonplace with or without the parking ticket hunters?

Nibbles_bits

1,779 posts

55 months

Thursday 13th February
quotequote all
Alex_225 said:
Seems they were doing spot checks for MOTs, dodgy tyres etc. But the Council and Chums tagged along to see if they could nab people as well:

"Not only were the police and DVSA involved in the checkpoint but Civil Enforcement Officers from Plymouth City Council and their bailiff were present, attempting to recover unpaid parking charges."

Seems pretty lousy either way though. Are these kind of operations commonplace with or without the parking ticket hunters?
They uses to be quite common......until the budget cuts.

We had trading standards attend one of ours.