Barnet Council's PCN bailiffs not properly scrutinised

Here is a report by the Local Government Ombudsman. The first 15 paragraphs have been omitted as they don't add anything useful to the story.

The decision catalogues a litany of errors. It seems to Mr Mustard that NSL, contracted to provide back office services to Barnet Council, aren't properly supervising bailiffs employed by Marstons and yet decisions taken by NSL affect the income up stream. Perhaps this is because NSL now belongs to Marstons. You can't properly supervise your bosses if you want to keep your job. Perhaps Marstons shouldn't be appointed by any council which already employs NSL? or vice versa.

In addition, Barnet Council haven't covered themselves in glory either. They aren't properly supervising NSL or managing their own internal processes. The trouble is that very few cases reach the Ombudsman, not because everything is perfect, but because most people give up the fight once their car is clamped, whether legally or otherwise, as depriving a person of their possessions is a very powerful action. This will not be the only case where bailiffs have exceeded their authority, Mr Mustard sees it all the time.

What is really needed is a panel of independent persons who can consider all complaints without having an interest in the PCN revenue and by that method the council could improve its procedures and reputation.

Yours frugally

Mr Mustard

White City ( Hammersmith & Fulham council ridiculousness )

So you have your car stolen when staying with family and naturally you report it stolen to the police as soon as you come out of the house and find it missing (can you find something which is missing?). The car gets smashed up and dumped in a White City council car park. Here is a photo of it (the black rectangle is where the numberplate was to be found, sitting there casually).

Now consider that the airbags were deployed, the front numberplate is on the bonnet, the front bumper is resting on the ground and clearly a serious accident has occurred.

What should a traffic warden do? Check the stolen cars database or issue a PCN? Traffic warden number 1 decided to issue a PCN (no there aren't ticket targets but you can see why the public think there are).

So did number 2, just 4 days later

and number 3 on the very next day

then we go a whole fortnight before traffic warden number 4 arrives (either the car park isn't patrolled very often or there are some traffic wardens with gumption)

 not traffic warden number 5 though some 3 days later.

The following month the police somehow come across the car (an ANPR equipped police car perhaps?) and give it to the insurance company who now own it, having paid out on the claim. The police take the five PCN and say they will sort them out. Somewhere the system breaks down as all 5 PCN are live with £195 owing on each one (150% of PCN value) on the H&F council website except for one which has been sent to bailiffs so is £202 which with bailiff's fees is now £512, which is how my client heard about it, the new owners of their former residence having been knocked up out of bed at 6am (the earliest time that a bailiff can call). The bailiff gets a phone number from the new occupier for the wife of my client but will not listen to reason about the car being stolen and not being her responsibility (she wisely refuses to give the bailiff a new address). A copy of the warrant (which is invalid in any event as it has the wrong address on it) is refused by the bailiff until she pays it (naughty bailiff, there is an absolute right to know by what authority you demand payment). Luckily the bailiff can't clamp Mr Mustard's client's car as he no longer has one.

Mr Mustard will be logging complaints with the council about their own actions as well as the bailiff's but he likes to share with you some of the stupidity he has to deal with.

Yours frugally

Mr Mustard

Update: 15 May 15

Out of the blue H&F have just cancelled these 5 PCN (as they jolly well should have done)