The bailiff, the police & musashi

[musashi]

My grateful thanksto Stan & to V.

There was an endless ringing of doorbells throughout the morning. I ignored them all. I hadn’t got to bed until 6 a.m. and had, perhaps, fallen asleep by seven. No-one who knows me at all would call before midday so, whoever it was, was certainly someone I did not want to see. This ragged-trousered bleary eyed logic would later justify its employment.
About 11a.m. a particularly penetrating ding dong shattered my sleep and flung me from my bed. I recalled that T.V. license man and his dad were to arrive at some point and so I threw on tracky bottoms and went to the door while still pulling on a tennis shirt.
Dog tired, barely awake and close to hallucinating, I opened the door with as much welcome as I could dredge up and found a shiny man, a smiling stranger, asking with sickening cheerfulness if I were such and such a legal fiction. We had a small to and fro of meaningless exchange of the kind that’s generally only heard between severely drugged people and, at length, he announced he was a certificated bailiff with a warrant of execution to collect alleged debts to South Hams District Council and, he went on, he was just going to clamp my car. Okay?
I invited him to help himself.
After a minute or so I followed him down to the private car park which serves the small estate where I live and found him squatting by the front wheel fitting a clamp. I squatted down beside him and snatched up his heavy padlock before legging it down the road. He gave chase for about ten yards, changed his mind and went back to the car. Now, I honestly do not know why I did that. A minor psychotic episode, possibly, brought on by an overdose of fraud and corruption and lack of sleep. Maybe it was just a fleeting possession by a mischievous demon, out for the day and looking for a laugh. Anyway, I sped away like a wounded deer then returned in stealthy ninja mode. I heard him say on his mobile phone to someone that I had pushed him and stolen the padlock. Ah, I thought, he wants police help to assist him in the robbery!
I went back to the house, cleared away a few little bits and pieces, just in case. I made a few phone calls. Alas, I reached nothing but bloody voicemails! I guesstimated ten to fifteen minutes before back-up in bogus blue arrived so I ran to the top of the hill where a friend lives – a friend to whom I had, several weeks previously, signed my little car over in anticipation of just this eventuality – she was on voicemail as well and I needed her to complain that it was her car he was clamping. Damn if she was not in either! Slightly stymied, desperate for my morning tea (without which I am a useless creature) I marched breathlessly down the steep hill to go and confront the cops and robber on my poor little lonesome.
I marched resolutely and breathlessly down and away, wondering when my bloody heart would calm down, then it struck me that I should call mike and let him know that T.V. license man was on his way at some point but I might not be there to receive him. Would he? Mike offered to come over immediately, living only about a dozen miles away, but I could not think of any help he might be other than moral support and company. He said he’d be over right away. Somehow, just making the call and talking with him had a settling effect on me and I began to see a wee bit clearer.
There was a lot I could do and a lot I could say. I remembered DVLA sending me a notice absolving me from any future liability for the car by confirming the change of keeper. I dug it out. A couple of friends arrived and immediately and cheerfully volunteered into bearing witness to all the proceedings from there on. Mike arrived shortly after and joined the witness scheme.
The bailiff was sitting in his little van talking on the phone. No cops on the scene yet. I approached alone and gave him back his padlock- which he took with smiling equanimity. Damn his cheerfulness! Why can’t he be grim and dourly objectionable like he was the last time? (This self same reprobate had already been to my home in search of another victim who didn’t actually live there). I handed him the letter from DVLA and he read it. It means nothing, he said, and was still going to take the car. Two minutes later the cops arrived and I waved gaily and with fulsome smile as they pulled up. Was this coincidence, I asked, or had they been called? Called, they said.
So, the battle was on then.
I walked to the sergeant and handed her my proof of lack of car keeper status, told her that the so called warrant of execution had no signature and was invalid. Remember, I urged her, it must be signed – county court or higher. I then told her I took the padlock but had lawful excuse as I was preventing a crime. I had returned the lock. She nodded and walked on to have the little private meeting they love so much.
It was soon over and they all came back to me where I stood by the little black car. What followed was the most ridiculous show of doubletalk, doublethink and just plain old double dealing and dishonesty of a most ridiculous pantomime. The cops stood to one side while the bailiff and I engaged in a mini trial of wits. It was up to me, he said, to prove that I was not the owner of the car. Again I showed the DVLA letter. Not good enough, he said. It does not disprove ownership, he said, and I was still the owner because only the registered keeper had changed. Also, I was still insured for the vehicle. I appealed that, as I still borrowed the car occasionally, I was required, under statute, to insure. Nah, no good said the smiling thug. He would take that as ownership. As far as he was concerned he was still going to take the car.
I countered by explaining that no-one owns their car, that once it’s registered then legal title in the form of the Manufacturer’s Statement of Origin is given to the Secretary of State for Transport. The MSO is, in fact, the legal title and, as he has it, he is the owner. We’re all just keepers. The MSO is only usually given to the purchaser if he states that the vehicle is to be exported. Then I offered to have him charged with theft. His smiling, shiny face remained unworried. Whatever was said, he just denied. Every argument he put up to lock me in I shot down with ease. Every law I quoted he just denied the truth of it. He simply adopted another stance and created another little fantasy to lock me in again. And so it went for long, long minutes, with him inventing shit and me flushing it away. It was up to me, he maintained, to prove his claims wrong - reversing the truth which is that he must prove his claim. He would take the car unless I paid up.
I tried bringing the cops in on the side of law, quoting this and that and demanding confirmation. They didn’t quite like that idea and remained silent- even in the face of the most outrageous nonsense of the kind that very young children might invent. He would take the car and it was up to me to prove that it belonged to someone else! There was so much nonsense that I cannot remember even a fraction of it.
And that thrice damned cheerful shiny face all the time! I had not realized just how hard it would be to maintain calm and stay within the law in the face of such blatant dishonesty and reckless stupidity. The sword I train with is sharper than the razor you shave with and, in ‘tameshigiri’ (cutting practice), has cut through seven inches of rolled bamboo (held to be approximately the same resistance value as a human body); I freely admit to the deep longing I felt to put it through a further test. One of the arts that I practice is called ‘Iaido’ – the art of the fast draw. I boast not when I say that when I draw my sword you cannot see the blade in motion. Hell, even I can’t see it! You can hear it, though. I took my deep longing, caressed it lovingly and, with the reluctance of a lover, put it aside.
This is their aim, though, isn’t it? They ensure a police presence by reporting a breach of the peace, then irritate, goad and provoke until we give them a bad response. At that point the police act. We have offended in the common law and bingo – off you jolly well go.
I cast many a glance at the cops but they appeared to be not in the least bothered by the endless drivel, and his ‘legal claims’ went unremarked no matter how ridiculous they were. Exasperated in the end, I appealed directly and articulately to them and their reply brought a golden ray of bright sunlight directly into my sordid little life. Almost, it made up for the lack of breakfast tea! The sergeant said that they were “…..here only to prevent a breach of the peace!” Aaaahhhhhh! You are here under oath operating in the common law! Wonderful!
I turned to the bailiff with strength and vigour rising like springtime sap (I was half sensible by now) and took his warrant of execution once again. Turning to the cops I again showed the lack of wet ink signature and asked if they had ever gone out with a warrant. Yes they had. Was it signed? It was. So we do need signatures, then? If looks could kill! I turned again to the bailiff and asked him directly “Do you intend to take this car despite DVLA proof contradicting your claims?” He said he did. I said “Very well, take it, but I am going to charge you with theft immediately afterwards”, and then I turned and walked away towards my house and to have my tea. I got about ten yards when the sergeant called to me saying that the bailiff wanted to talk and to try to reach an accommodation.
Ah, the first crack in the mirror had appeared. I returned to the group, smiling.
I walked back and asked what he wanted. I said “Do you want me to sign something?” Again that smile – “Yes” and I turned to the cops and said “See? It’s all about signatures. Can’t do a thing without them, yet he has no signature on the so-called warrant and you’re trying to tell me that he has the authority to take a car that doesn’t even belong to me? He can take a car belonging to someone else to use as emotional blackmail to coerce me into paying a disputed debt? What nonsense is this? And you’re going to stand by and let him thieve?” And they would! I write that with authority because she said she would. She maintained that he had the authority because he had a warrant.
Then my phone rang and after a quick word with my friend, the new keeper, I passed it to the bailiff who entered into a long discussion about his right to take the car. He walked up and down as he spoke and I caught the odd word or two of her side of the talk. The last thing she said that I heard, very firmly, was that she would lay charges of theft if he took it and was on her way right now. He handed the phone to me and I passed it to the sergeant who also had a chat. I was getting bored by then and thinking that I had had enough. I wanted my breakfast tea!
The bailiff was reading out a longish list of notices I’d had which had been NCRTS’d , the idea being, I think, to demonstrate that I had had every opportunity to take part in the corporate unionised closed shop law society fraud system and so could not now reasonably object to the results. The sergeant seemed quite impressed by this ploy and was visibly becoming irritated by my continued debate and uncooperative attitude. Degenerates like me make no friends when they educate their betters.
It occurred to me that she was not long going to be there to prevent a breach of the peace and would probably initiate one herself, blame it all on me, and arrest me. I wasn’t too bothered by this. I had lately made an FOIR to various justice and police people asking for their own official definition of breach of the peace. Nothing was happening that could be construed as breach of the peace and, if she threatened, I would simply quote her own induction unit student training manual as currently used by Devon & Cornwall Police. Then take it from there with as much dash and spontaneous creativity as I could manage in my tea-less condition.
I interrupted him and put it on the line – “Do you intend to take this car, despite it belonging to someone other than me - despite it being outright theft?” He said he most definitely was. I turned to the cops and said “I now want to report a breach of the peace involving a crime of theft. Will you accept this report of a crime?” They looked shocked and just stood staring silently at me. I repeated my question and added, “Are you refusing to accept a report of a breach of the peace?” Refusing: I had recently learned the power of the word.
The bailiff, now standing behind me, was talking on his phone again (or pretending to) and he interrupted our silent tableau with an astonishing statement. He was, he said, going to remove the clamp and leave! The three of us, sergeant, constable and me, looked at each other for long seconds, reading the puzzlement in each other’s eyes. Eventually I said “Really?” Yep! What, no money grabbed? Not taking the car? Not calling the tow truck? Not waiting to see me arrested?
He said that he had been instructed (by whom?) that South Hams District Council was now going to commence committal proceedings! What committal proceedings? I was pretty sure that they come before a trial and issue of a warrant; so…..is the warrant not real then? Is that why there’s no signature on it? If you have a warrant already, then why have the committal proceedings? On the other hand, if you have yet to have committal proceedings how come you claim to have a warrant of execution? Surely, even in the mirror world you operate in, this is an impossible situation? I spoke not one word of this, but simply turned to the sergeant and gave her a slowly, ever so slowly, expanding grin.
It said “Lying to the police; uttering a false instrument; attempting to obtain a pecuniary advantage; deception/fraud extortion and blackmail? Wasting police time? Attempted theft?”I could go on.
Okay, I will go on - but only about the police being accessories to the above crimes or, if we are kind, they are merely guilty of gross negligence. If we are kinder still, then they, too, were deceived by this plausible rogue - always providing, of course, that he didn’t really have a warrant of execution issued by a court. I have a feeling that they will agree that they, too, were deceived if it comes down to it.
I did allow him to hand me a piece of his paper right at the end of the show and in the presence of the police. This little scrap is titled “First Notice” which does rather seem a long way away from “Warrant of Execution” so could he really have screwed up so badly?
I’m off to Totnes and the council to find the truth.
I waved a cheerful goodbye to him after he had very kindly and carefully explained to me that his withdrawal did not affect any other action that might be taken by him, his company, or any other bailiffs, if there were other outstanding tickets!
I thanked the police for their non-interventive stance, expressed gratitude that nothing untoward had occurred – the sergeant wholeheartedly agreed – and I wished them a lovely peaceful day. I walked off to wrap myself around a long awaited and very welcome cup of tea. The cops went off to ticket a car illegally parked on a corner.
The bailiff abandoned the field of battle and the spoils came to me. They had no problem with that – just as they would have had no problem with him taking the car. His false report of assault is, of course, only to deceive the cops into attending what is, after all, a civil matter and out of their jurisdiction. Naturally, when they do arrive they are going to be slightly biased in favour of the filth that lied in order to get them there. No doubt many of us would feel intimidated and be deceived into assuming that the cops were there to enforce his actions. Well, I was for a while.
I had been in the process of arranging garage space with a friend so I could keep the car under cover to avoid this very complication, but I do believe that we have established that they cannot take the car, so the garage is unnecessary now. With two people threatening theft charges, talking sensible law, all the bailiff bluff and bluster fell away and the mirror world cracked. Contract and statute, deceit and threat, were not working, and he could not obtain a signature. All that was left was common law - and that belongs to me. As for committal proceedings, I think I shall hand that to strawmansarah – she says she’s dying to get a case to do. She and I have become firm friends so I shall give her a treat.
I made a freedom of information request to HMCS and asked them if a warrant bearing no signature has any authority. When I get the answer I believe I shall get (experience with foirs and petty officials suggests that this will take some time and at least one threat of action against them). I shall print it off and send copies to the apparatchik sergeant and the very friendly constable to enlighten them on the matter and, who knows, leave them better prepared for the next time they get a call like this. Well, you never know, do you, and besides, it is our duty to aid the sick, the halt and the lame.
I believe I have just realised why the shiny man left so swiftly and concluded his business with me. He knew that he was just bluffing when he made up all the nonsense we had to wade through and, in reality, there was every legal proof that I was not the registered keeper and that my pal was. The moment my friend arrived she could turn to the police and demand that they arrest and prosecute the bailiff for trespass against goods! Check your law dictionary and you’ll find that trespass is actionable per se, and there is no need to prove that actual damage occurred – injuria sine damnus.
We had several independent and not very bailiff-friendly witnesses in the form of Mike, me, my friend the new keeper (as complainant she is chief witness, and refusal to take a report is tampering with evidence and perverting the course of justice) and there was one other friend, Mr. X.
A quick refresher on the trespass law shows that I missed a fine, golden opportunity to make the complaint myself. “Trespass is against possession and not ownership.” Damn! How could I have forgotten that? I was in possession at the time and so had the right to make the complaint! Those of you who have adopted the same tactic of protecting your property should bear this in mind if the bailiff turns up with a car clamp. Best take your law dictionary as proof of claim. You know what these policy officers are like. They are trained to ignore the cattle they ride herd on.
I shall fine myself two cups of tea for so stupidly forgetting that, but I shall allow mitigation to be presented (suspected demon possession, m’lud!) and suspend the sentence.
Afterwards, I sat and drank tea with the friends there, and we discussed the episode. You are left to your own aesthetic tastes, sympathies and native brogue to imagine our language. If that bailiff did not have a genuine warrant of execution I am going to do my best to put him in jail. I would normally pursue a commercial injury claim but, considering the circumstances with the police presence, I have decided that I shall do it through the police with a criminal complaint affidavit of truth, accompanied by the sworn affidavits of my witnesses – using the police who were present as witnesses to their presence there. The police will also be witnesses in their own right – or be accessories! Off the top of my head there are ten crimes to report, with me and the new keeper as victims. I can always pursue the commercial injury claim later, with his criminal conviction in their courts as my proof of allegations on the Lien instrument. A commercial injury claim, properly worked, can end up in a criminal conviction for the defendant, but it isn’t certain. Going through police channels is far more certain, and getting him out of the job is far more valuable than a pile of debt notes.
It serves him right for making me miss my tea.
One last thought for those of you who, like me, would rather pursue and savage than simply escape. If the bailiff calls and reports an assault – as they usually do – in order to get police on the scene, then we should engage them on that report. Remember, every claim creates a liability and a counterclaim, and we may demand that the police thoroughly and diligently investigate the matter. They cannot refuse. It’s part of their oath to do so. Our counterclaim will be in the common law and there is only one remedy in the common law – damages! Well, that’s what it says in my ILEX. They are mandatory and, as he is an official, are to be multiplied by 100.
Ask the bailiff in front of the police in what manner he was assaulted. When he has committed himself – even deeper than the report of assault – we launch our counter charges and demand that the cops check his clothes and his person for DNA evidence of your alleged contact with him/her. It will not be there, of course, and its absence is proof of your complaint that he has made false and malicious allegations, lied to the police and so on.
If the cops, as they might well do, insist that first you deal with the bailiff then we say “no”, as it is a civil matter, out of their jurisdiction, and we are more properly concerned with the genuine crimes he has committed which are within their jurisdiction. All we need do is insist, insist and insist. If they continue to refuse then we can telephone the station and demand the presence of other police because the ones present are REFUSING TO ACCEPT A REPORT OF CRIME. We have our witnesses, remember?
As there is a genuine risk of the bailiff hiding evidence by changing his clothes, we must insist that he is taken to the station, stripped and…..well, you know the routine. Of course, you would have to give them a DNA sample for comparison tests. I think I could live with that if it meant sinking the bailiff into the slopping out routine for six months.
It seems to me that we, the intended victims, are in actual fact in a strong position when these bailiffs play their usual game. Let them call the police –it is a civil matter and out of their jurisdiction and they are not there to support the bailiff – the police will only come out if he reports a breach of the peace. If he’s done that then he has opened himself up to criminal charges and a commercial injury claim of substantial proportions. Just get your witnesses together and remain in the common law by not threatening, swearing, assaulting and the like.
This has been my very first run-in with these rogues and I’ll be the first to admit that for a while he had me on the ropes and I did not handle it very well. Still, I know next to nothing about debts and bailiffs and so on - so I suppose I’ll have to study. I have had a good lesson from him, though, and I shall not forget it soon. On reflection, I have to admit (grudgingly) that the psychology was good and it had me going for a while.
If anyone can educate me on the proper sequence of issue of notices, committal proceedings and warrants I’d be most grateful.
The civil procedures rules, schedules 1 & 2, apparently contain the rules regarding the warrant of execution – also known as a writ of execution. I suppose I’ll have to go and look.
My very best regards to you all, Musashi.

[MikeThomas]

WOW!!!! What a day Musashi!!! Well done mate.........and I'm glad you got your tea

[emmanualgoldstein]

[no_ta]

Musashi

I don't think I have ever read anything so intriguing as your post, I was mentally and physically glued to it, you deserve more than a cup of tea.

I would say that the policy officers found it a very informative lesson too.

Best regards

Mike

[woodman]

A well written and deeply enthralling account my friend!

Well done for maintaining your stance and catching them out, it is thoroughly hard work, time consuming but yet rewarding

I'm encouraged by the Police doing their job for a change, well almost, stating the correct position for them is to prevent a breach of the peace, they're learning!

Good luck with future events

[treeman]

Musashi, your wit and wisdom have been sorely missed, welcome back my friend.

[Freeman-B]

Musashi, I have read many of your previous accounts and have been impressed not only by your knowledge, but by your attitude and approach (which seem to be everything on these occasions).

After all the others have said, I have little to add, except that I would dearly love to have you in my corner when my day finally comes (which it might well, soon, as I am now back in bonnie Scotland for the foreseeable future).

What really intrigued me was the keenness to observe in the hope that you might somehow transgress, whilst utterly ignoring (with no pretence about it) a crime in progress - that can only be, AT THE VERY LEAST gross negligence, as you so eloquently stated.

Personally, Iexpected problems at the border and was almost anticipating it, especially when I saw the number of armed plod there, but they never gave me a second look (not surprising really, as they have no reason to, but it doesn't normally stop them!).

Full marks my friend, not only on your performance, but on your preparation and keeping your cool, which, I imagine, is the hardest bit.


B

[huntingross]

What can I say, musashi......

I squatted down beside him and snatched up his heavy padlock before legging it down the road.

Absolute bloody class.

[syntaxian]

I have been an avid follower of the premise of FMOTL for some time. I have a copy of Veronica’s excellent book and have researched the principles of Common Law from a variety of different sources. Reassuringly, all sources reach the same conclusion.

I decided to make use of such research and knowledge when presented with a NIP issued by Liverpool Police for an accusation of speeding in April of 2009. Armed with a bank of templates downloaded from this site, I challenged the notion of Statutes and politely turned down an invitation to attend Court (commonly known as a Summons)!

Despite an initial flurry from the Courts, including the obligatory intimidating letters, my case was mysteriously ‘ignored’. I have heard nothing more so can only assume that TPTB in Liverpool decided not to pursue my particular ‘crime’.

However, my dealings with Lincoln Magistrates Court are not proving to be as straight forward! My son, two weeks after passing his test, was caught by Policemen in a patrol car entering a section of road that had a No Entry Sign allocated to it.

Not as dangerous as you might think, as this road was accessible to Buses and cyclists and was, in effect, two way traffic. So the three questions apply:

What crime was committed? Who was the injured party? Who brings the claim?

My initial reaction was to admonish my son for being so foolish and to take the £60 fine on the chin and learn from this lesson! That was until we found out that, in addition to a fine, three points would be put on his licence! As you may know, if a new driver accumulates six points in the first two years of driving, they lose their licence and have to retake their test. That was enough for me to take this case on!

I followed the exact same protocols that I used for my own defence, with exactly the same templates. A fellow contributor to the board who has an excellent knowledge of contracts and Common Law principles has been assisting me throughout this process.

I have issued a Notice of Estoppel, and even requested a trial by jury and Lawful Remedy from the Magistrate. I wrote to the Minister of Justice to lay claim the lawful rights of my son as a Freeman of the Land.

Unfortunately, all of my letters, notices and requests for Lawful Remedy and everything else have all been ignored. My son has now had his fine increased to £275, had a warrant issued for his arrest and a request for his Driving Licence to be sent to DVLA for the three points to be added.

I have spoken personally to the ‘Enforcement Manager’ at Lincoln Magistrates Court by telephone. The conversation went something like this:

ME: Can you please supply the name of the Magistrate who signed the warrant for a Court Enforcement Officer to attend my dwelling to arrest me?

Enforcement Officer: Why would you want that?

ME: Because I am of the opinion that the said Magistrate is acting in dishonour

Enforcement Officer: Why?

ME: Because I have requested Lawful Remedy and all such correspondence to your good selves from me has been ignored!

Enforcement Officer: It has not been ignored. I have all of the notes on the computer screen in front of me

ME: Well, can you please explain why such correspondence has been ignored?

Enforcement Officer: Because you failed to attend Court in June

ME: If you read my correspondence, perhaps you would understand why. I turned down your offer to attend Court, reasons outlined in my various letters. I applied for trial by jury. Ignored.

Enforcement Officer: Ah, but you would have had to attend Court to request that, as that would be dealt with by the Crown Court!

The conversation ended with the Officer advising me to put my request in writing personally to her (she provided her contact details). I have done so, but have yet to receive a reply! All of my correspondence to the Magistrates Court was sent Recorded Delivery.

I intend to see this through and would appreciate any advice or comments with regard to the stance that I have taken so far. In particular, how can I politely, but firmly, deal with DVLA request for Licence?

I will keep the board posted!

[musashi]

Hi syntaxian. I'm afraid that you are already away ahead of me. This is all new stuff to me.
After the stitch up at Telford DVLA demanded Mike's licenceto put the points on, he sent it back NCRTS. As he had not contracted into the game at any point he saw no reason to do so then. He's heard nothing since, although that doesn't mean much.
What i can say that always works is that when I ask an official for some info and they ask why I want it, I say that that is none of their business and all they have to do is give it to me. One hundred percent of the time they apologise and say that they were only trying to help. Do not allow them to engage you. Never explain yourself.
If you go on to google's "whatdotheyknow.com" and go to the CRIMINAL INJURIES COMPENSATION AUTHORITY freedom of information requests, look up one on "The legal status of judgements made", posted by L. Turnbull, and you will see EXACTLY how to deal with recalcitrant officials, and how quickly they crumble when faced up to.
It is an absolute classic.
I needtodosomestudymyself and if I get anything worth sharing I'll pass it on.
good luck, musashi