Marstons Forced entry sanctioned by Police

[Somecamel]

Hi,

 

My partner put this on the banana forum as well but assuming not everyone goes on there I wanted to post it on here as well.

 

This morning at around 6.30am 2 Bailiffs from Marstons knocked on my door.

One of them had knocked the other night as well and told where to go

- I had already rang them on their first letter telling them I was going to court to sign a stat dec as I didnt know about the summons.

 

They're collecting on a distress warrant for Non payment for TV licence at my old address.

 

At 6.30am this morning 2 Bailiffs from Marston Group Limited called at my address and starting banging the door.

There were intermittent flaps of the letterbox proceeding with more banging.

 

They were claiming for a distress warrant for using a TV set without a Licence.

The Claimed offence occurred on the 18th December 2011 at my previous address.

 

At 6.45am I went to my front door and informed the bailiff that I had removed their implied right of access to my property and that they must leave.

They didn't and carried on banging on the door.

 

At approximately half past 8 in the morning the police arrived after being called by the bailiffs.

 

I reminded the officers of their duty to keep the peace and that is all that is required of them and invited them into my home leaving the bailiffs outside.

 

The police officers explained to me what they're understanding was in regards to a Distress warrant

and that they had a similar situation last week and that the bailiff did have the right to forced entry.

 

I explained that this was incorrect and that I had removed their right of implied access to my property

and I do not have to let them in as they can only go through an open door or window etc but not by force.

I explained that they would need a signed warrant of execution to enter the premises and that a distress warrant not even signed by a Judge is not valid.

 

I showed proof on my calendar that I was due to go to Hastings Magistrates court on the 28th December to sign a Statutory Declaration

along with proof that I did not live at the address the summons was sent to on the 25th May 2012.

 

Remaining impartial the police officer recommend that I go and explain this again to the bailiff and that they would not let her enter my property.

 

I obliged asking one of the police officers to stand in front of the bailiff so she can't force her way in. The other police officer stood behind me in the house.

 

The bailiff accused me of lying and that she was coming in.

I repeated that I had removed her implied right of access to my property

and that she was currently trespassing

and that I had an appointment booked for the 28th December for the Statutory Declaration.

She said she doesn't care and she is coming in.

 

At this point she lunged towards me and attempted to push her way in leg first

to which I responded and stood my ground by removing her leg.from my Porch.

 

She then attempted to push her body weight into me but I'm a bit bigger than she was and was unsuccessful.

The Police officer behind me held onto my arm attempting to remove it from holding onto my door frame

hence allowing the bailiff to enter to which I asked him politely to remove his hand from my arm of which he obliged.

 

The Police behind me kept on telling me that the bailiff have the right to enter and I am breaching the peace.

 

The Policeman in front of me told me that if I didn't let them in I would be arrested.

I put my hands behind my back and said Ok.

 

They cuffed me and walked me to my bedroom and allowed the bailiffs to enter the property.

 

My Partner followed the bailiff around whilst they took down a few serial numbers of her property in the bungalow.

The bailiffs were informed that all the Furnishings fixtures of the property are hers.

 

Whilst in the bedroom with the police officer I asked him if I was actually under arrest as I hadn't been read my rights and he said no.

I asked him to them take the cuffs off me.

 

At this point it transpired that they didn't actually have a key with them for the cuffs as they were the older style cuffs that everyone still wants

and from hearing his colleague on his radio they were talking to someone on the in the next town over was bringing the keys over.

 

I had to sit and wait cuffed for no reason while the bailiff was free to wander around my home.

 

At 9.15 approximately the bailiff received word from the court that they had a record of my phone call for the appointment on the 28th December

and told me they would give me 7 more days.

 

I informed them that 7 days from now is 1 day before I'm due in court to which they replied and...

 

The Bailiff then left followed by the police officers shortly afterwards.

[dx100uk]

sorry SC

 

dunno where you are getting this miplied right of entry rubbish from

but for tv licence etc, in otherwords criminal stuff rather than civil, it dont work

 

dx

[seanamarts]

dx is right here, civil and criminal hold different regulations.

 

However if you get the stat dec then bailiff intervention should be held off.

[brassnecked]

Yes sadly TV licence is criminal, and if TV tax was abolished Capita, HMCS and the bailiffs would lose a very lucrative cash cow. Now as to the actions of te officer cuffing, as no rights read and not told is under arrest, possibly unlawful detention as not told why nor read rights?

[Somecamel]

Thanks for your responses guys, I was more peeed off that the police actually let them in. They had no right to do that but the points on the removal of implied access is taken and accepted.

 

On another forum one of the posters has informed me that that the Police have acted illegally.

 

I'm going to see a legal adviser today to see where I can take this.

 

Many thanks

[unclebulgaria67]

In this situation, I would not advise anyone to open the door to even the Police. There is no legal requirement for you to open the door to the Police in the situation you were in. The Police would have to believe that you had committed a criminal offence or were in the process of doing so, for them to have legal access to your property.

[Somecamel]

I invited the police in to show them that I had an appointment with the courts to sign a Stat Dec to prove I wasn't living at the property the summons was sent to when it was sent. I assumed they would be impartial.

[unclebulgaria67]

I invited the police in to show them that I had an appointment with the courts to sign a Stat Dec to prove I wasn't living at the property the summons was sent to when it was sent. I assumed they would be impartial.

 

The Police have no clue about bailiffs and wrongly believe they have legal powers given to them by the courts, to have rights to access peoples property. The Police are simply there to make sure there is no breach of the peace. You opened the door, so most bailiffs will just proceed to enter and won't worry about the Police. The Police will restrain you, just in case you attacked the bailiffs. So it is not a case of the Police being on the bailiffs side. But you should complain about the way the Police acted in cuffing you.

[Somecamel]

The bailiff breached the peace by pushing her way into me and they done nothing.

[i hate bailiffs]

Yet again police assisting bailiffs they should only prevent any breach of the peace

 

I would say firstly you need sort the bailiffs as things could get nasty , get down the court

 

The police have over stepped the mark and detaining you and how they have acted needs answers and formal complaint

 

Sort bailiffs first !!

 

sort police once you done the above!

[Somecamel]

Hi, Bailiffs are sorted- I rang the court yesterday and they told me it had been put on hold for 14 days- The bailiff said 7. I did speak to a sergeant yeaterday about this and he told me that he didnt think there was an issue with his officers.

 

I will take this further as this shouldn't happen, they obviously get away with it with other people who can't stand up for themselves.

[unclebulgaria67]

The bailiff breached the peace by pushing her way into me and they done nothing.

 

Unrealistic to expect the Police to restrain a court appointed bailiff doing their job. I suspect that if they did that they would get a b*llocking from their bosses.

 

Not saying that what happened is right, but unfortuately this appears to be way the Police/bailiffs act in these situations. I have seen worse stories that yours, where people have been locked in Police vans, while bailiffs have had access to peoples properties. In other case, the bailffs forced a window open with the Police standing by doing nothing.

[i hate bailiffs]

It really is a grey area with regards to police and bailiffs

 

there is forced entry for criminal fines the bailiffs really need to make sure they have the right address/right tenants as people move on

a reason that forced entry is rarely used

 

i had notice from bailiffs about a court fine through my door

trouble is i own this house outright it is from previous owners tenants

 

I am looking forwards to some sporting fun:smile:

[old bill]

Thanks for your responses guys, I was more peeed off that the police actually let them in. They had no right to do that but the points on the removal of implied access is taken and accepted.

 

On another forum one of the posters has informed me that that the Police have acted illegally.

 

I'm going to see a legal adviser today to see where I can take this.

 

Many thanks

 

The poster wasn't called Bluebottle, by any chance?

[dx100uk]

ah one our old freinds...well ..

 

dx

[lamma]

"Unrealistic to expect the Police to restrain a court appointed bailiff doing their job." I agree. However it seems that in this instance the Bailiff stepped well beyond their job. Once again it seems a failure by the police. The importance of sound and video for all encounters with Bailiffs cannot be overemphasised.

[old bill]

ah one our old freinds...well ..

 

dx

 

Have you been looking on a site named after a dog, by any chance?

[Somecamel]

Have you been looking on a site named after a dog, by any chance?

 

I have, I though the advice was good advise?

[unclebulgaria67]

I have, I though the advice was good advise?

 

They may be very well aquainted with each other !

 

The problem is always that when it comes to rights of citizens in regard to the way they are treated in these circumstances, is that to obtain satisfaction to any complaint involves a shed load of red tape. It could take you months before anyone holds their hands up and admits to being wrong, if they ever do so. They may just issue you with weasel words explaining why they were right in every thing they did.

[Somecamel]

Quick question- Is a distress warrant issued by the Magistrate at the same time as the court date? or does the magistrate issue a liability order which after no contact then has to go back to issue a distress warrant?

 

The reason I ask is that the court date was the 25th May 2012 and my understanding is that they only have 180 days to enforce a distress warrant

[hallowitch]

Quick question- Is a distress warrant issued by the Magistrate at the same time as the court date? or does the magistrate issue a liability order which after no contact then has to go back to issue a distress warrant?

 

the distress warrant would need to be issued after the debtor has had the further steps notice (further steps notice gives you 14 days to pay the fine) i have no idea how long it is between the court date and the further steps being issued

there is no liability order for a magistrate court fine a liability order is only for council tax

 

The reason I ask is that the court date was the 25th May 2012 and my understanding is that they only have 180 days to enforce a distress warrant

 

correct 180 days to enforce a distress warrant

[Somecamel]

Ok Thanks, Ill carry on reading up

[tomtubby]

The COURT need to be made aware of your complaint. This is because, HMCS have the contracts with the 4 bailiff companies and will hold frequent meetings with the bailiff providers. Unless they are made aware of such problems , they will continue to think that the contracts are running perfectly well and complaints are rare.

 

When writing to the court you need to ensure that you keep to the point of the complaint and make it clear at the start of your letter that you had not received a summons and that it was for this reason that an appointment had been made for 28th December. Address your letter to the Clerk of the Court and send a copy to the Fines Manager.

 

Lastly, it is not wise to post questions on two different forums. The reference to the "implied right of access" is frankly nonsense when dealing with a criminal offence.