Bailiff assaulted me - Case closed .. I WON

[seanamarts]

I first want to apologise for not introducing myself in the welcome part of the forum before asking you good people for some advice, although I have been a member here for a while I have never posted, sad to say I am in a bit of a sorry state at the moment.
I will tell you as much as I can on the events that happened.. if however I have written something I should not have done then please can some one delete the appropriate sentence etc it is long winded i am afraid but please bare with me. thank you
On the 29th of may 07' at approximately 5.30pm a bailiff who said he was
acting on behalf of Tendring district council came to my home. I had no
prior knowledge that I was going to be visited by a bailiff. He
proceeded in telling me that I had an outstanding fine for a parking
ticket that was issued out side of my home in meredith road in the
October of 06' I told him that he had been mistaken as I had a parking
ticket issued in September and that it was being dealt with in way of an
appeal, and that I had not heard anything about that particular ticket
since October 06' when I had written into TDC asking for it to go to
appeals. He told me that it had gone to Court and was now in the hands
of the bailiffs. He asked how was I going to pay this fine and when was
I going to pay it. After some discussion the bailiff seemed satisfied
that there may of been some mistake and he said he would take it up with
TDC the following day and that I should also contact them. In passing I
told him that I would repeat to them what I had to him that I had no
knowledge of this going to court and was not going to pay for something
I knew nothing off. With that he pushed open my door and placed his foot
inside, I would like to point out here that I am a disabled person, on
that particular day I had been very ill and for some days prior to this
incident. I was in my dressing gown as I was in bed when this bailiff
called, I did tell him that it took a while to answer because I was in
bed ill.
I suffer with neurological episodes (mini strokes) that has left me
weakened down the left side of my arm hand and leg. It was clear to see
that I was not well as I was very pale and was leaning on the door for
support. I asked him to leave and began pushing on the door to stop him
from getting in, he told me by doing that I was assaulting him, I
stopped and turned to go into my home and he proceeded to follow me
grabbing me by the collar of my dressing gown, I screamed at him to get
out. at this stage I was very scared at what this man was going to do I
had not seen any paper work at this point and have never seen any paper
work with regards to this fine. I managed to get through the bottom door
of my flat and tried to stop him from entering he shouted at me again
that I was assaulting him in way of stopping him from entering my home
and that he was going to call the police, I told him that he had
assaulted me and that I wanted him to call them. with that he stopped
and my downstairs neighbour had came out to see what all the shouting
was about. Im not sure whether he stopped because my neighbour had came
out or the fact that I told him he had assaulted me.
I returned upstairs where I got dressed and waited for the police to
arrive.
I was clearly traumatised by what had happened and I had sustained
injuries where I later had them treated at clacton hospital.
Sad to say the police took the side of the bailiff stating that he had
every right to force his way into my home because a warrant had been
issued, I was not shown any court warrant. I told the police on more
than one occasion that he had assaulted me and that I wanted to press
charges but the officer declined to do so stating again that my injuries
were caused from me stopping the bailiff from entering my home.
The police treated me as if I was in the wrong and would not listen to
how things had progressed and that I could be arrested for assaulting
the bailiff in way of not letting him in.
It was left that the bailiff would contact TDC in the morning to be
advised on how this matter was going to proceed.
I contacted TDC the following day and they had informed me that all
paper work with regards to this matter had gone to a previous address of
mine even though I had changed the details of my car, and also had
corresponded with them with regards to this parking fine at the address
where I am living where I received the fine.
I have had several parking fines since I have lived here all addressed
to this address where this incident happened. Most have been dismissed
as the fines were given for nonsensical reasons for instance my permit
had fallen out of my window or that it had been put in the wrong place
or that temporary permits were incorrectly filled in. TDC are
investigating this matter and the police have now agreed to take a
statement from me with regards to what had happened.

I am sorry that this has been so lengthy but I needed to get every thing in so that I could some how get some advice to this matter. I didnt know where else to go to get advice, even my CAB office was unsure how I should proceed
Thank you once again

[powelll]

Firstly you are quite right to get the police involved. You have been assaulted and the bailiff TRESPASSED into your home - you had every right to try to use reasonable force to eject him.

Bailiffs from county court have no rights to force entry into your property be it by getting a 'foot in the door' or by pushing past you. If these fines are being dealt with by the magistrates' court then, yes, magistrates court bailiffs DO have the powers to force entry but inly in exceptional circumstances and you should be given written notification of the time and date of the visit so you have an opportunity to let them in.

Sadly the police are quite often COMPLETELY ignorant of bailiff law in relation to this. I would usually recommend your local CAB as a good source of support to take this further but they seem no better!

It's not clear from your notes whether your penalties have gone through the TEC ( Traffic Enforcement Centre ) at Northampton County Court or whether your council does use the magistrates court.

Either way you are completely in the right to take this further. I would also put in a written complaint to the bailiffs firm ( keep a copy send recorded delivery ) about this person's disgraceful and criminal behaviour.

Approach the police again and explain that a warrant of execution does not mean that they can force entry this is completely incorrect.

Very best of luck with this

[ScarletPimpernel]

I was sorry to read about this appalling treatment, and agree with all that Powelll has said.

Please do go back to the police and ask them to take action. Don't be fobbed off by a civilian clerk - ask to speak to a police officer. If they still won't act, say you wish to make a formal complaint, which will produce the Duty Inspector.

It will probably be helpful to take some notes with you, such as the date and times when the incident occurred, and the names of those involved (if you have them).

If the bailiff was acting on behalf of the Council, complain to them too - they are responsible for the actions of their agent.

You could also contact your MP (contact details at TheyWorkForYou.com: Are your MPs and Peers working for you in the UK's Parliament?) - this is bread-and-butter constituency work.

[harrythehawk]

Very disturbing and I hope you get justice, however if they had sent everything to your old address how on earth did this guy know to turn up at your new address ?

[JUMBOPOWERED]

Originally Posted by harrythehawk

Very disturbing and I hope you get justice, however if they had sent everything to your old address how on earth did this guy know to turn up at your new address ?

Its way to drum up charges. you visist old address in the knowledge that when you have made enough visits you can then goto the current address and Edited the customer !!!!

[seanamarts]

Thank you all so very much for your imput. It took some doing but I finally managed to get what firm of bailiffs my local council use and what a suprise, they are very well known for doing this sort of thing, all I have done for most part of my morning is read up about them they were even feaured in a TV programme where some one went undercover and saw how they worked. the firm even said that they would investigate their employers who break their code of practice, which I have quoted in my letter of complaint to them, but I doubt whether things will change.

Powelll; In answer to your question, my council
went through the magistrates court

scarletpimpernel; I am in the process of writing to my MP, many thanks for the link

Harrythehawk; I wish I knew, but then again I have no reason for not being found, I did nothing wrong or tried to hide the fact that I had this fine as I was led to believe from my council that thia was going through an appeal process.

[The Watcher]

Originally Posted by seanamarts

and the police have now agreed to take a
statement from me with regards to what had happened.

This is quite shocking behaviour (and an indicator of what is to come?)

Contact the Chief Constable's office (copying-in your MP) and suggest that his officers clearly need training in the law !

That will produce a response !

(Your neighbour is also a witness to the incident - so the bailiff is on very dodgy ground if he tries a simple denial).

PS - Do you have the bailiffs name? PM Herbie on here if so and see whether he is actually certificated.

[JUMBOPOWERED]

You are either talking about drakes (nothing new) or someone from commercial collection services enforcement ltd(ccs) again not common. I would not be surprised if one of theses days someone does not actually turn around and sue theses people for stress !!!!!

[seanamarts]

Originally Posted by The Watcher

This is quite shocking behaviour (and an indicator of what is to come?)

Contact the Chief Constable's office (copying-in your MP) and suggest that his officers clearly need training in the law !

That will produce a response !

(Your neighbour is also a witness to the incident - so the bailiff is on very dodgy ground if he tries a simple denial).

PS - Do you have the bailiffs name? PM Herbie on here if so and see whether he is actually certificated.

Yes I managed to get that from the police, and the lady downstairs is very willing to give a statement, sadly this happened around her two very young children who happened to be my grandchildren

[seanamarts]

Originally Posted by JUMBOPOWERED

You are either talking about drakes (nothing new) or someone from commercial collection services enforcement ltd(ccs) again not common. I would not be surprised if one of theses days someone does not actually turn around and sue theses people for stress !!!!!

yes it was drakes, and i am hoping to take that cause of action to sue as and when I find out how and who I can approach about it, I have spoken to a number of solicitors but each one didnt really want to get involved

[Recycler]

sorry to hear of your trials & tribulations


1 check bailiff has a certificate - ring HMCS Bailiff register 0207 210 0516 to check by name
2 note which company he/she was certificated for as any changes in employer must be notified to the issuing ct (note which ct issued also)
3 consider a Pt 4 complaint procedure if police compliant doesn't get anywhere - (or even if it does)
4 use Subject Access Requests to bailiff company to gather supportive evidence
5 see also National Standards for Enforcement Agents deals with vulnerable situations etc

[seanamarts]

Originally Posted by Recycler

sorry to hear of your trials & tribulations


1 check bailiff has a certificate - ring HMCS Bailiff register 0207 210 0516 to check by name
2 note which company he/she was certificated for as any changes in employer must be notified to the issuing ct (note which ct issued also)
3 consider a Pt 4 complaint procedure if police compliant doesn't get anywhere - (or even if it does)
4 use Subject Access Requests to bailiff company to gather supportive evidence
5 see also National Standards for Enforcement Agents deals with vulnerable situations etc

thank you for this information, he did not show me who he was working for or even his name when he called, I am slowly piecing things together to get a case file against him and his company. I am a determined woman and wont rest until I have seen justice done, its the only thing keeping me sane at the moment

[setmefree]

Yet another case of the bully boy bailiff and the we cant help you police officer we having speeding tickets to hand out.
did this bailiff leave you any paper work,his signature would be on it,if not then what proof has he of attending,contact Drakes and ask the name of the attending bailiff,then ring HMCS Bailiff register 0207 210 0516 to check this horrible person out.
you do have the upper hand if this bailiff is not certificated as you state the police officer saw him,so they cant use some one elses I.D. to cover it up if it goes to court.
As for assaulting a disabled person,that is the lowest of the low,but it will come back on him in one way or another.

[seanamarts]

Originally Posted by setmefree

Yet another case of the bully boy bailiff and the we cant help you police officer we having speeding tickets to hand out.
did this bailiff leave you any paper work,his signature would be on it,if not then what proof has he of attending,contact Drakes and ask the name of the attending bailiff,then ring HMCS Bailiff register 0207 210 0516 to check this horrible person out.
you do have the upper hand if this bailiff is not certificated as you state the police officer saw him,so they cant use some one elses I.D. to cover it up if it goes to court.
As for assaulting a disabled person,that is the lowest of the low,but it will come back on him in one way or another.

I was not shown any paperwork and he did not leave any either, I have called Drakes and they have no knowledge that I was even at this address, so I am now unsure how this baliff got this address and why he did not inform Drakes that I was at this address when their code of practice states that he has to inform Drakes before attending an address that is not on the warrant

[setmefree]

As the police attended they would have taken the bailiff's name, i can only now suggest that you get in contact again with the police and ask for that bailiff's name.if as you say drakes have no record of this bailiff attending then perhaps the chief constable should be aware of the fact that there is a bogus bailiff going around and that one of his officers backed him up.

[seanamarts]

Originally Posted by setmefree

As the police attended they would have taken the bailiff's name, i can only now suggest that you get in contact again with the police and ask for that bailiff's name.if as you say drakes have no record of this bailiff attending then perhaps the chief constable should be aware of the fact that there is a bogus bailiff going around and that one of his officers backed him up.

I dont quite understand what you are saying, the police who attended told me his name and they said they saw the warrant