Marston baillifs - please help

[Somecamel]

Re: Marston baillifs - please help

As said previously, this needs to be escalated through the police complaint route which is -

Duty Officer (usually, an Inspector) -> Station Superintendent -> Divisional Commander (usually, a Chief Superintendent) -> Chief Constable -> Independent Police Complaints Commission (IPCC)

I would miss out the Duty Officer and go straight to the Station Superintendent. This matter is too serious to be dealt with at Duty Officer level. There is evidence of professional incompetence and, potentially, criminal conduct by police officers. The officers involved, regardless of rank, could lose their jobs if it goes to a Conduct Hearing.

However, cluelessness isn't just restricted to Constables and Sergeants. A recent response to a query I put to ACPO recently as to whether they have a policy as regards certificated bailiffs, confirms cluelessness about the Law of Distress and the powers of bailiffs goes right to the top of the police service. ACPO (Association of Chief Police Officers) represents police officers of the rank of Chief Superintendent and above, up to and including the Commissioners of the Metropolitan Police and City of London Police. I think educating them as to the reality of the Law of Distress and the powers of bailiffs is long overdue and certainly in order.

Thanks for the information BlueBottle, I don't want to get anyone into trouble or loose their job but I did make it clear to the two Policemen when they were here that I would be complaining as they were in the wrong and I'm doing it so it doesn't happen to anyone else. Someone that maybe isn't as strong as me would have let them do what they wanted and they would get away with it.

[bluebottle]

Re: Marston baillifs - please help

In writing, to the Chief Constable. Make it clear that the complaint is so serious that it is unsuitable for informal resolution. Refuse all telephone or email contact. Everything from this point on to be conducted in writing. Under no circumstances go to the police station. If they need a statement, make them visit you at home.

If at all possible, have a legal professional assist you with your complaint. Police forces take complaints a lot more seriously when legal professionals are involved. Same with local authorities and government agencies and departments.

[bluebottle]

Re: Marston baillifs - please help

Thanks for the information BlueBottle, I don't want to get anyone into trouble or loose their job but I did make it clear to the two Policemen when they were here that I would be complaining as they were in the wrong and I'm doing it so it doesn't happen to anyone else. Someone that maybe isn't as strong as me would have let them do what they wanted and they would get away with it.

I'm afraid the decision to take action against the police officers involved is not something you will have control over, Somecamel. This will be a decision for the Chief Constable or, more likely, the IPCC. In cases where police officers are found to have committed criminal acts during the course of their duties, the matter has to be referred to the IPCC. As previously stated, it is likely these police officers will lose their jobs. I would be very surprised if they didn't.

[Somecamel]

Re: Marston baillifs - please help

Wow that is one great big can of worms I'm opening there then But I feel I have to do something. I'm starting to put a letter together and gather the facts of all that happened today- been a bit surreal

Would you mind having a look at it over PM?

[bluebottle]

Re: Marston baillifs - please help

Wow that is one great big can of worms I'm opening there then But I feel I have to do something. I'm starting to put a letter together and gather the facts of all that happened today- been a bit surreal

Would you mind having a look at it over PM?

By all means. However, as advised above, let a legal professional assist you with your complaint to Sussex Police. Use your letter as notes as to what happened.

[Somecamel]

Re: Marston baillifs - please help

Sounds expensive I'll have an ask around, thanks for all your help and ill keep the thread updated with what happens

[bluebottle]

Re: Marston baillifs - please help

Enquire at your local Law Centre or with the Community Legal Service. They can provide you with free of charge or very low-cost legal advice/assistance.

[Somecamel]

Re: Marston baillifs - please help

Quick update, Went to court on the 28th December and signed the STAT dec which has been accepted.

Now for the complaint to the police

[enquirer]

Re: Marston baillifs - please help

Go for it!

[bluebottle]

Re: Marston baillifs - please help

I would be inclined to see if you can get a free half-hour consultation with a legal professional with a view to suing Sussex Police, Marston Group and the bailiff involved for Assault, Attempted Burglary and Trespass, as the entry to your home was not in any way peaceable. HMCTS (part of the Ministry of Justice) has mitigated its liability to the point where pursuing litigation against the SoS for Justice would, quite frankly, be a waste of time and money. Accepting the Statutory Declaration, which now scuppers any further action by Marston Group, is, IMHO, sufficient to do this.

[Somecamel]

Re: Marston baillifs - please help

Just a quicky, Obviously as I wasn't living at the address the summons was sent to I also didn't receive the further steps letter from the court. Now the court couldn't find me but Marstons probably used a bit of nonce and done a search on me.

Surely as soon as they realised that I had moved address it should have been sent back to the court to deal with and re-issue summons?

Where in law does it state the rules around the further information letter?

Thanks

[ploddertom]

Re: Marston baillifs - please help

Have a look at the Courts Act 2003 Scedule 5 Part 9 paras 37 & 38 to be found on page 88 http://www.legislation.gov.uk/ukpga/...0030039_en.pdf

Also Criminal Procedure Rules Part 52 http://www.justice.gov.uk/courts/pro...12-part-52.pdf

[gravytrain]

Re: Marston baillifs - please help

Don't want to hijack this thread but I think my query is relevant.
I am helping a relative with a similar problem (a TV licence ), she to is worried about the forced entry issue.
I see on here that the bailiff must apply for an order to force entry after the warrant has been issued.
Could someone indicate the regulation that states this so that i can pass it on, there is such a lot of legislation in this area I find it very confusing.
Many thanks.

[Somecamel]

Re: Marston baillifs - please help

Have a look at the Courts Act 2003 Scedule 5 Part 9 paras 37 & 38 to be found on page 88 http://www.legislation.gov.uk/ukpga/...0030039_en.pdf

Also Criminal Procedure Rules Part 52 http://www.justice.gov.uk/courts/pro...12-part-52.pdf

Thanks Plodderton, got a bit lost with your first link but managed to find the information here http://www.legislation.gov.uk/ukpga/...edule/5/part/9

Lots to read so I'll be back

@Gravytrain Bailiffs collecting under a magistrates fine (which TV licence is) can force entry under some obscure rules via Schedule 4a of the domestic violence , crime and victims act.

They don't normally do it, I just grabbed this paragraph from http://www.legislation.gov.uk/ukpga/1980/43/schedule/4A which may answer your question

Entry to execute warrant of arrest etc

2

(1)

An authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence.

(2)

The power may be exercised—

(a)

only to the extent that it is reasonably required for that purpose; and

(b)

only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

(3)

In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a)

any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(b)

any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

Entry to levy distress

3(1)

An authorised officer may enter and search any premises for the purpose of executing a warrant of distress issued under section 76 of this Act for default in paying a sum adjudged to be paid by a conviction.

(2)

The power may be exercised only to the extent that it is reasonably required for that purpose.

[gravytrain]

Re: Marston baillifs - please help

Thanks Plodderton, got a bit lost with your first link but managed to find the information here http://www.legislation.gov.uk/ukpga/...edule/5/part/9

Lots to read so I'll be back

@Gravytrain Bailiffs collecting under a magistrates fine (which TV licence is) can force entry under some obscure rules via Schedule 4a of the domestic violence , crime and victims act.

They don't normally do it, I just grabbed this paragraph from http://www.legislation.gov.uk/ukpga/1980/43/schedule/4A which may answer your question

Entry to execute warrant of arrest etc

2

(1)

An authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence.

(2)

The power may be exercised—

(a)

only to the extent that it is reasonably required for that purpose; and

(b)

only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

(3)

In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a)

any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(b)

any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

Entry to levy distress

3(1)

An authorised officer may enter and search any premises for the purpose of executing a warrant of distress issued under section 76 of this Act for default in paying a sum adjudged to be paid by a conviction.

(2)

The power may be exercised only to the extent that it is reasonably required for that purpose.

Yes thanks for that, very useful, it does however seem to suggest that the requirement to force entry can be decided by the bailiff serving the warrant I was hoping he would have to go back to the court and get a separate order to be able to force entry, as I think suggested on here(unless I read it wrong)