Complaining to the Local Authority
With Council Tax, Business Rates, unpaid Parking Penalties, Congestion
Charging etc, the bailiff is instructed by the Local Authority
(Council) and therefore the bailiff is acting as their agent.
For this reason, any letter of complaint that you are considering
sending to the bailiff company….should also be copied
to the Local Authority. This also applies to the collection
of Child Support Agency arrears, VAT , Inland Revenue etc
Sadly, it is the case that very few local authorities will agree that their bailiffs have acted in any way improper and will attempt to say that you must contact the bailiff if you have a problem. This is nonsence as the bailiff is acting as an agent for the local authority and as such the local authority is "responsible for all acts and ommissions of it's agents"
The Local Authority has a duty of care
in relation to any goods that have been levied (seized). If any
goods are damaged by negligence, a claim can be made
to the Local Authority.
There are circumstances is which the Local Authority can be joined
as a defendant in a legal action. In particular, this is provided
for under Section 78(7) of the Road Traffic Act, which states
that:
• “Any person who attempts to seize goods in payment
of parking fines who is not a “Certificated Bailiff”
and any person who authorises him,
are committing an “offence of trespass”.
If you unhappy at the response that you receive from the Local
Authority concerning your compliant, you may write to the Local
Government Ombudsman who will investigate the complaint for you.
In our experience..........do not expect a speedy reply!!!
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