We’ve had a number of emails in relation to the BBC show, PARKING MAD in which the police go onto the streets shoulder to shoulder with bailiffs to rob the public and steal their vehicles. The question on everybody’s lips – except the police who remain blissfully ignorant – is, is it lawful?
Is it fuck.
If you haven’t seen the show, then let us describe the horrors within:-
Scumbag bailiffs – rechristened with the euphemism of Civil Enforcement Agents (CEOs) – take to the streets with Automatic Number Plate Recognition devices to snatch vehicles that have distress warrants registered to them for unpaid parking fines.
When they scope a suitable victim, the police step into the road and wave the vehicle down. They then tell the driver that the bailiff wants to talk to them. Usually followed with a threat of arrest if they obstruct the bailiff as he anally rapes them.
The bailiff is then unmuzzled and sets upon the driver with threats and intimidation. Either cough up a months wage or lose their vehicle.
To say that holding vehicle owners to ransom on behalf of greedy local authorities should never be a job of the police would be wasted breath. Anyone who doesn’t yet know that the police are empty headed playthings of the government won’t be reading this article anyway.
But because the bailiffs are using out-dated unauthorised ANPR datasets, at least a third of all drivers stopped are being bullied for debts that don’t even belong to them. Usually because they have just bought the vehicle from the person on the warrant, or the warrant details are incorrect.
Worst still, many of the court warrants are issued on behalf of private car park owners and supermarkets and have incurred ridiculous bailiff fees that can’t even be challenged or clarified because the bailiffs don’t have access to the information.
To detail all of the abuses involved with this state sanctioned carjacking would make Wikipedia look like a post it note. But here’s a few we’ve listed just to be getting on with:-
- Unpaid parking fines are not a criminal offence. Any police officer waving down a vehicle solely for a bailiff to reclaim a debt is abusing his authority and is in direct opposition to Police Standard Operating Procedure CO15 ANPR 2.3 which states:- “Police officers must ensure that they are acting impartially and not be seen to be acting as civil debt recovery agents.”
- Under the Road Traffic Act 1988, the police need a valid reason to stop a vehicle. Stopping a vehicle for an unpaid civil court fine is not a valid reason. Nor is stating that they pulled you over because “they can” a valid reason. Without a valid reason, the police are acting outside the boundaries of their authority.
- A bailiff cannot seize a vehicle without prior notification to the debtor of not less than 7 days as per notice 6.—(1) Subject to paragraph (3), The Taking Control of Goods Regulations 2013
- A bailiff cannot seize a vehicle that is in use by any person at the time at which the enforcement agent seeks to take control of it, if to do so could cause a breach of the peace. As per section 10.—(1) of the The Taking Control of Goods Regulations 2013
- An enforcement officer cannot use force to enter a debtors premises. Nor can they push past you if you block his way. Any police officer that arrests you as a result could potentially be prosecuted for wrongful arrest.
- A bailiff has no right to detain you or question you. There is no power for police to pursue a person or vehicle just because they refuse to speak to an enforcement officer. Any police officer that attempts to detain you on behalf of a bailiff or instructs you to comply with his request has committed the tort of vicarious liability.
- Enforcement Agents are not registered data controllers. The dataset that they are using to locate vehicles has in all probability been handed to them unlawfully by the local authority. Therefore, the stopping of vehicles in relation to such data is unlawful and in breach of the Data Protection Act.
- Any officer that assists bailiffs in mugging the public in this manner can be charged with misconduct under the Police Reform Act. They are also in violation of the Police Code of Conduct which states:- “Officers should be open and truthful in their dealings; avoid being improperly beholden to any person or institution; and discharge their duties with integrity.”
- Robert Peel would be pissing in his grave if he knew what slavering government lapdogs our modern police have become. There does not appear to be a single principle of ‘Policing by Consent for the Public’ that has not been shat on in their willingness to screw vehicle owners out of every last last penny. Principle 5 explicitly states that the police must:-
…Seek and preserve public favour, not by pandering to public opinion; but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humour; and by ready offering of individual sacrifice in protecting and preserving life.
We could go on listing the crimes being committed here but who the fuck is listening?
Meanwhile this self-serving street gang of social workers and lapdogs that we call the police continue to undermine our freedoms, pursue us with zeal for petty infractions while escaping major criminal acts of their own, abandon our streets, cherry pick crime, are petty and vindictive, unwilling and unable to act on their own initiative, are ignorant of the laws they proclaim to enforce and now pick our pockets whenever they are instructed to by their governmental puppet masters, as we the facile, gullible British public continue to allow them to.
When will it stop?
We would encourage everyone who has been affected by this to begin the steps necessary to reclaim any money or property that they handed over to bailiffs in this manner. It is your lawful right to have that money refunded to you.
Furthermore, you must open an official complaint of misconduct against any police officer that assisted the bailiff. You don’t need to know their names or collar numbers as you can also make it the police’s job to locate the officer for you. This is your right under the Police Reform Act, and is an essential part of reclaiming your money.
Your invoices should then be addressed to the Chief Constable of the respective force that sanctioned this abuse and sent to the Police and Crime Commissioner of your district.