TRESPASSING BAILIFF ADVICE NEEDED

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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leebob1974
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#1 TRESPASSING BAILIFF ADVICE NEEDED

Post by leebob1974 » 21 May 2017 16:10

Hi, Ive been dealing with some clown bailiff recently who took it upon himself to drive onto my property and park there. To do this he had to unchain a loosely chained gate which is clearly marked private property/no entry and also has a warning 'loose dogs and livestock'. My dogs got out which was nearly a nightmare as we are adjacent to a field full of sheep and lambs! oh the joys of country living.

Anyway, I understand clamping is illegal now, but I also understand that I have the right to secure the property by means of a fixed barrier.

Basically, next time he turns up giving it the big one (over a warrant of control that has been satisfied) CAN I LOCK THE GATE BEHIND HIM? and will that then become a civil matter. The warrant isn't even for me FFS!

regards

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Schedule 12
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#2 Re: TRESPASSING BAILIFF ADVICE NEEDED

Post by Schedule 12 » 21 May 2017 17:08

It's not unheard of for bailiffs to have their van moved using a forklift. The bailiff must be given an opportunity to move it before it is moved for causing an obstruction. Examples of blocking warehouse doors preventing delivery and parking across an entrance to premises or property. You are allowed to close a gate but the police might accuse you of unlawful imprisonment, as in the case of a double glazing salesman whose car was blocked in.

Clamping is only illegal is it is used unlawfully. Local authorities can 'immobilise' vehicles provided they are not being driven by somebody. Private land clamping only with permission of the landowner and compliant with schedule 4 of the Protection of Freedoms Act 2012.

If the warrant is not in your name and the bailiff is giving it large, then call police on 999, and show your ID to police and they will escort bailiff to the edge of the premises.
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Author: dealingwithbailiffs.co.uk

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leebob1974
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#3 Re: TRESPASSING BAILIFF ADVICE NEEDED

Post by leebob1974 » 22 May 2017 08:32

Ok. Bugger! Well I'm going to wait for next encounter then, video it then I'll book a phone consultation. He'll still be trespassing for a second time despite being told to leave.

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leebob1974
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#4 Re: TRESPASSING BAILIFF ADVICE NEEDED

Post by leebob1974 » 22 May 2017 08:35

Ps and just to clarify, if and when police are called, as long as I keep my potty mouth in check, they can only arrest me for obstructing a court officer or something similar?

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Schedule 12
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#5 Re: TRESPASSING BAILIFF ADVICE NEEDED

Post by Schedule 12 » 22 May 2017 12:12

You can only be arrested for obstructing a bailiff if he is acting in the execution of duty.

When I prepare defence statements for clients charged under paragraph 68, I always succeed by proving the bailiff was NOT acting lawfully at the material time he was allegedly obstructed.

If a police officer makes an arrest when you are not guilty of the offence, then you can lay the evidence as a complaint before a JP in a magistrate's court under section 26 of the Criminal Justice and Courts Act 2015. It doesn't result in a conviction of a disciplinary against the arresting officer, but you get a handsome money transfer from his police force to discontinue your complaint.
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leebob1974
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#6 Re: TRESPASSING BAILIFF ADVICE NEEDED

Post by leebob1974 » 22 May 2017 12:44

I may well be in touch sir! Because I tell you this, they are not coming on my property! It'll be a proper 'get off my land' again. I can't say I can put up much of a fight having scoliosis of the spine, but I will resist.


Till then, keep up the good fight sir!

Kindest regards,
Leebob

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