31 August 2016

Ignorance of the law excuses no-one

Mustafa from Morris Mustard on Vimeo.

Hello everyone, Mr Mustard, or in actual fact Mustafa, needs your help in the form of a donation to legal costs.

Mustafa is a polite and calm man in his twenties. He is studying and was doing some part time taxi driving work when he hit a problem, the bailiff illegally removed his car aided and abetted, in effect, by the police.

On 15 July 2016 Mustafa purchased a car for £2,700. He paid cash but received a comprehensive Car Sales Agreement, an A4 piece of paper containing the details of the vehicle, the buyer & the seller and the price paid which is receipted.

On 22 July 2016 it was clamped. Mustafa sat inside and phoned the bailiff, probably expecting rather naively that he would show the bailiff his paperwork and the clamp would be removed. Not so fast Mustafa.

Needless to say the bailiff wasn't being reasonable and called the police to attend. The police should have been innocent independent bystanders as the collection of a PCN is a civil matter not a criminal one. The bailiff has no power to smash his way into premises (and premises by definition includes a car) but the police stood by and watched as he did this very thing, the committal of a criminal act.

Once the window was smashed in Mustafa was arrested and taken to Colindale police station. The outcome of his time there was that the police decided that they had no right to detain Mustafa and hence they can't have had any right to arrest him either. A complaint has just been filed with the Met Police.

Why the police let the bailiff smash a window in when they had already said to Mustafa "Yes you own the car" is a question that the investigation will have to answer. Mr Mustard can tell them the answer. It is that the police considered the warrant as being against the car but warrants are always against a person or company and it is their assets which can then be distrained upon (grabbed), the warrant is not attached to the car per se.

This is what the Citizens Advice Bureau has to say on this subject.

It isn't the case either that the previous owner sold the car to Mustafa in the full knowledge he had a warrant outstanding because the previous owner only bought on 21 June 2016. There are 5 former keepers going back to 2009.

The warrants, it turns out, are from January and April 2016 but they haven't been seen and Mustafa isn't entitled to see them as his name is not on them. Strange but true. Here is part of the police custody record

Mr Mustard sent the bailiff firm, Collect Services Ltd, a claim to the car on behalf of Mustafa along with the V5 and the Car Sales Agreement. He then also sent them proof of insurance. It took 14 days and a nudge from Mr Mustard for Collect Services Ltd to refuse Mustafa's claim to have his own car back (possession really is nine points of the law). The informal approach having failed, and it is always sensible to try to agree matters without court action, a Third Party Claim will have to be made in accordance with Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The problem is that even if you win the day, and recover your car, you will not recover the costs of legal representation as these are not allowed for Small Claims (those under £10,000). It isn't sensible for a person to represent themselves in person if they want the best outcome and Mr Mustard isn't qualified to appear. A barrister is a wise investment. You can be sure that the bailiff will be supported by his firm who will have experienced legal representatives and they have deep pockets.

This is where you come in. Mr Mustard's solicitor is going to help out but there will be court fees to pay and a barrister to present the argument in Court.

£1,500 needs to be found and this is where you come in. Please send what you can afford to Mr Mustard's separate charitable purposes bank account:

Sort code: 16-00-38
Account number: 11395624
Account name: Mr Derek R Dishman

and use the reference 'Mustafa'.

Justice is hard to fund for the less well off especially when you have a student loan and your principal business asset has been forcibly removed from you. Please be generous.

Yours frugally

Mr Mustard


  1. I don't see how they have even the faintest whisper argument...

    Mr. Bad Parker parks badly and incurs a penalty. He then sells the car, as he is entitled to do, the car being his property.

    After x number of weeks, the penalty is to be enforced. Fine. It should be enforced against the chap who incurred it - as is plainly obvious. You can't just go around seizing property that belongs, demonstrably, to someone else entirely.

    How does someone get to act on behalf of the High Court with such a poor understanding of the law?

    Our victim would be well advised to point out that he is incurring consequential losses here, and add those to his claim. He might (and here we have to be careful because I am not a lawyer) even want to think about talking to the police about Theft... The theft act requires an intention to permanently deprive a person of their property, and it seems that this is precisely their intention unless he gives way and pays a "penalty" that he is in no manner liable for. Again - demonstrably so.

  2. You are quite cvorrect Martin except that the car was sold at least twice after the PCN was issued.

    The bailiff may well act for the High Court on other matters, but this one is under the aegis of the County Court.

    The police complaint includes a Human Rights breach - right to peaceful enjoyment of your possessions. We'll see what they make of it. Human Rights breaches usually make parties sit up and take notice.

    1. Mr. Judge,

      Mr. Bailiff is trying to enforce a judgement against a Mr Wrongun. However, in so doing he has knowingly seized property belonging to an unconnected party, Mr. Innocent. Mr. Bailiff's error has been pointed out to him, but he continues to refuse to return Mr. Innocent's property.

      The property in question (a car) is central to Mr. Innocent's sole means of income (a taxi driver). Mr. Innocent is therefore losing in the order of x pounds per day while this dispute continutes, and hopes this will be properly reflected in your judgement...

      Personally I wouldn't bother with the human rights angle - it complicates what should be a very simple matter.

  3. Mr Mustard, it may worth contacting Sheila at bailiffadviceonline. She may be able to help.

    Also - have you filed a complaint with the council(s) involved? They will try to fob you off, but as bailiffs act as their agents, they are equally responsible.

  4. I was unable to get hold of Sheila when I rang so made my own decisions. She is more expert than I on bailiffs but I think I've got it right so far. I'll be complaining to every party in the end. It takes time and I have no more of than than Mustafa has car!

  5. Will be crossing fingers and toes for both of you.

  6. I don't no much about baliaff and the law behind what they allowed to do or not.

    It does not feel right for a public citizen to be treated like that Infront of the police officer.

    Rather than doing his own job of acting as a peacemaker instead he is supporting the baliaff.

    Seems like another clueless racist police officer who does not know the law.

  7. I only thought this things only happened in America. I am 100 percent sure If the driver tried to defend himself he would of been tasered.

    How can police admit you owner the car and still arrest.

    Law needs to do something.

    This is out of order and I can imagine the stress this is putting the young man through I hope this situation gets resolved as this is out of order

  8. I only thought this things only happened in America. I am 100 percent sure If the driver tried to defend himself he would of been tasered.

    How can police admit you owner the car and still arrest.

    Law needs to do something.
    I can't imagine the stress this situation is putting the young man through this is blatant bullying by the enforcement and over using there power I just hope this situation is resolved.

  9. Incredibly shocking behavior by the bailiff and the Police. I fully support Mr Mustard in his efforts and hope that this situation is rectified for Mustafa.

    The police should KNOW THE LAW!


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