‘Gun’ man sues Southend Council for £288k lost earnings

Claim – David Sanderson Claim – David Sanderson

A MAN who was jailed after firing a replica gun at bailiffs in a row over an unpaid parking fine is trying to sue Southend Council for £288,000 in lost wages.

David Sanderson, 44, from South Avenue, Southend, blames the council for sending bailiffs to his door who he claims acted illegally, forced their way into his home without the proper paperwork, and charging £396 on top of the £124 fine, which he says caused him to “flip”.

The council says it will vigorously contest the case.

Mr Sanderson claims he saw red and pulled out the imitation firearm to scare them off, because a severe head injury 20 years ago has left him with a short fuse.

He was jailed for 18 months, in March 2011 at Basildon Crown Court, after pleading guilty to possessing an imitation firearm with intent to cause fear of violence.

The incident, on October 11 2010, sparked a full armed police response involving the force helicopter. Mr Sander-son’s street was also cordoned off.

He now claims the criminal record meant he lost his job as a lithographic printer, with Circle Services, in Southend, and has been unable to get new work.

He wants £48,000 for the last two years and £240,000 to cover wages he would have earnt over the next ten years.

In a claim lodged at Southend County Court he said: “Bailiffs showed no warrant of execution in hard copy, as required by the laws. “They also forced entry into my home and levied an illegal sum in the process.”

Since being released from prison, Mr Sanderson has spent months trying to get the £520 fee he was charged by the bailiffs repaid by the council, after enlisting the help of a parking expert.

He is confident of a court win after the council agreed he was overcharged and paid him back £410 of it in June.

He said: “If the bailiffs the council used had not forced their way into my home without a warrant and then overcharged me, I wouldn’t have reacted the way I did. And the council has now accepted I was over charged.”

The council refused to comment when asked why it paid back Mr Sanderson some of the money.

However, in relation to his court claim, it said: “The council will be vigorously contesting the civil proceedings brought by Mr Sanderson.”

Comments (33)

12:05pm Wed 26 Sep 12

ccd says...

No, it was your fault. Face up to it.
No, it was your fault. Face up to it. ccd

12:11pm Wed 26 Sep 12

southendshrimper says...

He wants £48,000 for the last two years and £240,000 to cover wages he would have earnt over the next ten years.

Who said he would have kept his job that long?

It was his fault he was sent down anyone who pulls a gun real or fake on anyone deserves to be se sent to prision.

I wonder what side jayman will take knowing his anti-council.
He wants £48,000 for the last two years and £240,000 to cover wages he would have earnt over the next ten years. Who said he would have kept his job that long? It was his fault he was sent down anyone who pulls a gun real or fake on anyone deserves to be se sent to prision. I wonder what side jayman will take knowing his anti-council. southendshrimper

12:22pm Wed 26 Sep 12

Son of stropmag says...

You couldn't make it up!
You couldn't make it up! Son of stropmag

12:32pm Wed 26 Sep 12

j-w says...

Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse.
Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse. j-w

12:38pm Wed 26 Sep 12

...???... says...

This guy must be stupid or something, he commits a criminal act and expects to sue the council because he has lost his job by committing the criminal act, i don't understand how this can possibly be the council's fault.

I agree that the council had an obligation to investigate the parking fine and the use of the baliffs but i don't think that he went to prison and lost his job due to parking tickets, this was because of his behaviour.

Lets hope when he loses (and there is little doubt he will) he has to pay all of the councils costs in defending this outrageous lawsuit. After all why should the taxpayer foot the bill for legal costs incurred because of this delusional maniac.
This guy must be stupid or something, he commits a criminal act and expects to sue the council because he has lost his job by committing the criminal act, i don't understand how this can possibly be the council's fault. I agree that the council had an obligation to investigate the parking fine and the use of the baliffs but i don't think that he went to prison and lost his job due to parking tickets, this was because of his behaviour. Lets hope when he loses (and there is little doubt he will) he has to pay all of the councils costs in defending this outrageous lawsuit. After all why should the taxpayer foot the bill for legal costs incurred because of this delusional maniac. ...???...

1:03pm Wed 26 Sep 12

Soouthchurch59 says...

Without the illegal bully-boy tactics of the bailiffs, we wouldn't be where we are.
Without the illegal bully-boy tactics of the bailiffs, we wouldn't be where we are. Soouthchurch59

1:04pm Wed 26 Sep 12

emcee says...

I think the mistake he made was pleading "guilty" at his trial. If he had pleaded "not guilty", he would have at least had the opportunity to show why he did what he did and the circumstances surounding the situation could have been examined.
However, whether Mr Sanderson's reasons are genuine or not, I feel that sueing the council could be "shutting the stable door after the horse has bolted". Having said that, he is, of course, within his right to do so especially if the council did, indeed, mess up on the debt collection. How far he will get is anybody's guess but I do think £288,000 is a tad optomistic.
Waving a replica gun at people is not the ideal way to deter people entering your home on legal business. However, if they were entering illegally...well...
I think the mistake he made was pleading "guilty" at his trial. If he had pleaded "not guilty", he would have at least had the opportunity to show why he did what he did and the circumstances surounding the situation could have been examined. However, whether Mr Sanderson's reasons are genuine or not, I feel that sueing the council could be "shutting the stable door after the horse has bolted". Having said that, he is, of course, within his right to do so especially if the council did, indeed, mess up on the debt collection. How far he will get is anybody's guess but I do think £288,000 is a tad optomistic. Waving a replica gun at people is not the ideal way to deter people entering your home on legal business. However, if they were entering illegally...well... emcee

1:10pm Wed 26 Sep 12

E-Types... says...

Most bailiffs are thugs without any real legal authority..the councils of the land are fully aware of this and are thus culpable, as are the bailiff company, for any loss.
Most bailiffs are thugs without any real legal authority..the councils of the land are fully aware of this and are thus culpable, as are the bailiff company, for any loss. E-Types...

1:12pm Wed 26 Sep 12

emcee says...

j-w wrote:
Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse.
It is quite possible the "replica" firearm is an airsoft or BB gun. It could even be an old film prop.
There are various reasons replica guns are owned by people an none of these people need to be psycologically screened to own one.
[quote][p][bold]j-w[/bold] wrote: Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse.[/p][/quote]It is quite possible the "replica" firearm is an airsoft or BB gun. It could even be an old film prop. There are various reasons replica guns are owned by people an none of these people need to be psycologically screened to own one. emcee

1:13pm Wed 26 Sep 12

Alec Cikes says...

Mr Sanderson is a sad joke!
I've never heard so much **** & bull in all my life!
Mr Sanderson is a sad joke! I've never heard so much **** & bull in all my life! Alec Cikes

1:25pm Wed 26 Sep 12

naffeville says...

Pay or contest the fine. If bailiffs enter your premises illegally, without a full court warrant signed by a JP, then you can use reasonable force to defend yourself or property.
Pay or contest the fine. If bailiffs enter your premises illegally, without a full court warrant signed by a JP, then you can use reasonable force to defend yourself or property. naffeville

1:33pm Wed 26 Sep 12

southendshrimper says...

naffeville wrote:
Pay or contest the fine. If bailiffs enter your premises illegally, without a full court warrant signed by a JP, then you can use reasonable force to defend yourself or property.
yes 'reasonable force' waving a gun & firing it real of fake is byond reasonable force.
[quote][p][bold]naffeville[/bold] wrote: Pay or contest the fine. If bailiffs enter your premises illegally, without a full court warrant signed by a JP, then you can use reasonable force to defend yourself or property.[/p][/quote]yes 'reasonable force' waving a gun & firing it real of fake is byond reasonable force. southendshrimper

2:06pm Wed 26 Sep 12

Soouthchurch59 says...

Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders?

Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable.

This man had two strangers on his property, who had no legal right to be there....
Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders? Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable. This man had two strangers on his property, who had no legal right to be there.... Soouthchurch59

2:12pm Wed 26 Sep 12

naffeville says...

He was stupid. He presumably has no firearms license, so they had no way of knowing if it was real or not, you cant point guns at people fake or not, its asking for trouble. If he felt threatened for his safety however, he could have picked up the nearest blunt object to hand, given them sufficient warning of his intention, then proceded to defend himself, if he felt he was under threat on his own property.
He was stupid. He presumably has no firearms license, so they had no way of knowing if it was real or not, you cant point guns at people fake or not, its asking for trouble. If he felt threatened for his safety however, he could have picked up the nearest blunt object to hand, given them sufficient warning of his intention, then proceded to defend himself, if he felt he was under threat on his own property. naffeville

2:26pm Wed 26 Sep 12

Nebs says...

I'd have thought the claim would be against the person who gave him the severe head injury.
I'd have thought the claim would be against the person who gave him the severe head injury. Nebs

3:05pm Wed 26 Sep 12

billericay boy says...

Dream On
Dream On billericay boy

4:02pm Wed 26 Sep 12

j-w says...

emcee wrote:
j-w wrote:
Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse.
It is quite possible the "replica" firearm is an airsoft or BB gun. It could even be an old film prop.
There are various reasons replica guns are owned by people an none of these people need to be psycologically screened to own one.
you wouldn't normally describe fired air weapons as gun shots?

http://www.echo-news
.co.uk/news/local_ne
ws/southend/8444467.
Shots_fired_in_South
end_road/
[quote][p][bold]emcee[/bold] wrote: [quote][p][bold]j-w[/bold] wrote: Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse.[/p][/quote]It is quite possible the "replica" firearm is an airsoft or BB gun. It could even be an old film prop. There are various reasons replica guns are owned by people an none of these people need to be psycologically screened to own one.[/p][/quote]you wouldn't normally describe fired air weapons as gun shots? http://www.echo-news .co.uk/news/local_ne ws/southend/8444467. Shots_fired_in_South end_road/ j-w

4:05pm Wed 26 Sep 12

j-w says...

emcee wrote:
j-w wrote:
Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse.
It is quite possible the "replica" firearm is an airsoft or BB gun. It could even be an old film prop.
There are various reasons replica guns are owned by people an none of these people need to be psycologically screened to own one.
You don't normally get a prison sentence either!
[quote][p][bold]emcee[/bold] wrote: [quote][p][bold]j-w[/bold] wrote: Should have paid the fine in the first place (probably £60), Why did he have an imitation firearm anyway, especially if he has a short fuse.[/p][/quote]It is quite possible the "replica" firearm is an airsoft or BB gun. It could even be an old film prop. There are various reasons replica guns are owned by people an none of these people need to be psycologically screened to own one.[/p][/quote]You don't normally get a prison sentence either! j-w

5:01pm Wed 26 Sep 12

firedog says...

Perhaps when he pulled the trigger a flag should have popped out and said
bang, thats what clowns usually do.
Perhaps when he pulled the trigger a flag should have popped out and said bang, thats what clowns usually do. firedog

5:01pm Wed 26 Sep 12

firedog says...

Perhaps when he pulled the trigger a flag should have popped out and said
bang, thats what clowns usually do.
Perhaps when he pulled the trigger a flag should have popped out and said bang, thats what clowns usually do. firedog

5:02pm Wed 26 Sep 12

shoebury52 says...

Soouthchurch59 wrote:
Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders?

Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable.

This man had two strangers on his property, who had no legal right to be there....
If you draw a weapon on someone in your home you will get one or it. They would of knocked and said who they were, this guy is just trying his luck.
[quote][p][bold]Soouthchurch59[/bold] wrote: Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders? Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable. This man had two strangers on his property, who had no legal right to be there....[/p][/quote]If you draw a weapon on someone in your home you will get one or it. They would of knocked and said who they were, this guy is just trying his luck. shoebury52

5:04pm Wed 26 Sep 12

shoebury52 says...

Done for it not one for it
Done for it not one for it shoebury52

10:55pm Wed 26 Sep 12

Alec Cikes says...

Unfortunately this guy is just a sad chancer & another parasite trying to ponce money from whatever situation he can.

If he had paid his fine in the first place and accepted that he was at fault, none of this would have happened.

Nebs comment seems to wrap up this article in one!
Unfortunately this guy is just a sad chancer & another parasite trying to ponce money from whatever situation he can. If he had paid his fine in the first place and accepted that he was at fault, none of this would have happened. Nebs comment seems to wrap up this article in one! Alec Cikes

10:14am Thu 27 Sep 12

Soouthchurch59 says...

shoebury52 wrote:
Soouthchurch59 wrote:
Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders?

Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable.

This man had two strangers on his property, who had no legal right to be there....
If you draw a weapon on someone in your home you will get one or it. They would of knocked and said who they were, this guy is just trying his luck.
'If you draw a weapon on someone in your home you will get done for it.'

Not according to today's 'Daily Moan' front page headline.
[quote][p][bold]shoebury52[/bold] wrote: [quote][p][bold]Soouthchurch59[/bold] wrote: Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders? Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable. This man had two strangers on his property, who had no legal right to be there....[/p][/quote]If you draw a weapon on someone in your home you will get one or it. They would of knocked and said who they were, this guy is just trying his luck.[/p][/quote]'If you draw a weapon on someone in your home you will get done for it.' Not according to today's 'Daily Moan' front page headline. Soouthchurch59

10:25am Thu 27 Sep 12

andy:) says...

Clearly the council/bailiffs did act incorrectly but this claim hasnt a hope in hell, did he seek legal advice ?. You cant sue for damages for hypothetical lost earnings like that.

First of all havingm a criminal recoird does not bar you from every job, actually only a minority would ask.

As its a huge amount it wouldnt be on the no-costs small track, it would be on the multi-track and he could be liable for costs totalling many thousands.
Clearly the council/bailiffs did act incorrectly but this claim hasnt a hope in hell, did he seek legal advice ?. You cant sue for damages for hypothetical lost earnings like that. First of all havingm a criminal recoird does not bar you from every job, actually only a minority would ask. As its a huge amount it wouldnt be on the no-costs small track, it would be on the multi-track and he could be liable for costs totalling many thousands. andy:)

10:28am Thu 27 Sep 12

andy:) says...

Soouthchurch59 wrote:
shoebury52 wrote:
Soouthchurch59 wrote:
Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders?

Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable.

This man had two strangers on his property, who had no legal right to be there....
If you draw a weapon on someone in your home you will get one or it. They would of knocked and said who they were, this guy is just trying his luck.
'If you draw a weapon on someone in your home you will get done for it.'

Not according to today's 'Daily Moan' front page headline.
Good point, is there a difference between a burglar entering your house illegally to take goods and a bailiff entering your house (possibly illegally) to take goods ?
[quote][p][bold]Soouthchurch59[/bold] wrote: [quote][p][bold]shoebury52[/bold] wrote: [quote][p][bold]Soouthchurch59[/bold] wrote: Hasn't Mr Sanderson got exactly the same rights as everyone else when it comes to protecting his self/property against uninvited intruders? Aren't we led to believe by previous incidents, that under the 'right circumstances', even a *real* firearm is acceptable. This man had two strangers on his property, who had no legal right to be there....[/p][/quote]If you draw a weapon on someone in your home you will get one or it. They would of knocked and said who they were, this guy is just trying his luck.[/p][/quote]'If you draw a weapon on someone in your home you will get done for it.' Not according to today's 'Daily Moan' front page headline.[/p][/quote]Good point, is there a difference between a burglar entering your house illegally to take goods and a bailiff entering your house (possibly illegally) to take goods ? andy:)

2:17pm Thu 27 Sep 12

southendshrimper says...

makes you think how would he feel & what would he do if someone pull a real/fake gun out on him? I bet the first think he would do is run to the police & get them nicked & what them sent down.
makes you think how would he feel & what would he do if someone pull a real/fake gun out on him? I bet the first think he would do is run to the police & get them nicked & what them sent down. southendshrimper

8:41am Fri 28 Sep 12

APR says...

He would have a claim against the Bailiffs, as they are not allowed to enter your property unless they have a warrant, and the police are with them.


I'd better not say more, as apparently one or two people don't like my comments, and are running to the Echo to complain.
He would have a claim against the Bailiffs, as they are not allowed to enter your property unless they have a warrant, and the police are with them. I'd better not say more, as apparently one or two people don't like my comments, and are running to the Echo to complain. APR

9:35pm Fri 28 Sep 12

Alec Cikes says...

This guy is just a pimping parasitical WUS & this should be put a stop to.

How can any of the facts be proven?
Shouldn't you have just paid your parking fine having been in the wrong.

Shame on you Mr Sanderson. You should try to learn to control your emotions & your short fuse. The latter will get you no-where!
This guy is just a pimping parasitical WUS & this should be put a stop to. How can any of the facts be proven? Shouldn't you have just paid your parking fine having been in the wrong. Shame on you Mr Sanderson. You should try to learn to control your emotions & your short fuse. The latter will get you no-where! Alec Cikes

9:38pm Sat 29 Sep 12

maddriver says...

Not sure this story has much in the way of truth from the way it is told.
For a start it is unlikely that a council, even in Southend would employ bailiffs who would work outside of the law and the bailiff fees are usually based on the council concerned recovering their costs, unlike debt collectors who have no legal rights to enter a property and can add all the fees they like, but have no authority to levy them.
Perhaps a little more research is needed into the facts.
Not sure this story has much in the way of truth from the way it is told. For a start it is unlikely that a council, even in Southend would employ bailiffs who would work outside of the law and the bailiff fees are usually based on the council concerned recovering their costs, unlike debt collectors who have no legal rights to enter a property and can add all the fees they like, but have no authority to levy them. Perhaps a little more research is needed into the facts. maddriver

9:21am Sun 30 Sep 12

BIRLIS says...

Not quite the case. Debt collectors can only add fees in line with the original agreement. Bailiffs can add fees for every attempted visit. The question often asked is how many of those visits charged for we're actually attempted. Very hard to prove either way.
Not quite the case. Debt collectors can only add fees in line with the original agreement. Bailiffs can add fees for every attempted visit. The question often asked is how many of those visits charged for we're actually attempted. Very hard to prove either way. BIRLIS

11:32am Sun 30 Sep 12

I_hate_scum! says...

BIRLIS wrote:
Not quite the case. Debt collectors can only add fees in line with the original agreement. Bailiffs can add fees for every attempted visit. The question often asked is how many of those visits charged for we're actually attempted. Very hard to prove either way.
Bailiffs can only charge for 2 visits, any more visits can't be charged for. That is the law.
Check: bailiffadviceonline .c o.u k
[quote][p][bold]BIRLIS[/bold] wrote: Not quite the case. Debt collectors can only add fees in line with the original agreement. Bailiffs can add fees for every attempted visit. The question often asked is how many of those visits charged for we're actually attempted. Very hard to prove either way.[/p][/quote]Bailiffs can only charge for 2 visits, any more visits can't be charged for. That is the law. Check: bailiffadviceonline .c o.u k I_hate_scum!

8:55am Mon 1 Oct 12

r6keith says...

I hope I never am in a situation like this. But what is one supposed to do when there is a knock on the door and when opened a bailiff says he is coming in to remove property to the value of what ever is owed ? Is all of this proceeded with registered letters of warning of their arrival ? what is the legal standing on this ? In the situation that they are on the door step what can you actually do to check its all legal and above board ?
I hope I never am in a situation like this. But what is one supposed to do when there is a knock on the door and when opened a bailiff says he is coming in to remove property to the value of what ever is owed ? Is all of this proceeded with registered letters of warning of their arrival ? what is the legal standing on this ? In the situation that they are on the door step what can you actually do to check its all legal and above board ? r6keith

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