Right of County Court Bailiff to enter land of third party

[EDW]

Is there any legislation or cases setting out rights of CC cert.' bailiffs to enter land that they know (or should know) does not belong to the debtor?

For example - debtor parks car in neighbour's drive or garage and bailiff enters land uninvited and clamps car.

Can the land owner remove and take possession of clamp?

Does land owner have right to keep clamp and claim damages for trespass?

Thanks all.

[ploddertom]

Re: Right of County Court Bailiff to enter land of third party

I think you are going to have to put some flesh on the bones so we know what we are looking at.

[EDW]

Re: Right of County Court Bailiff to enter land of third party

What flesh do you require?

I am asking what rights bailiffs have to enter third party land.

I cant be clearer than that. Sorry.

[wales01man]

Re: Right of County Court Bailiff to enter land of third party

looking at this from a laymans point of view several things crop up here
The bailiff may have been legally entitled to clamp car?You need to find out
The nieghbour if removed the clamp might be breaking the law?
but if he removed clamp or someone did who could prove who removed it/
I would cut it off no doubt someone will post on here i cant that decision is your
The laws of trespass are complicated doubtful the police would act

[ploddertom]

Re: Right of County Court Bailiff to enter land of third party

If they believe the goods of the debtor are there then they may enter. The CCB's certificate allows him anywhere within the Jurisdiction of the Court he works from. An ordinary Certificated Bailiff is allowed to work anywhere within England or wales regardless of where his Certificated was granted.

A Bailiff would have to have a reasonable suspicion a vehicle belonged to a debtor before it could be seized and should make a DVLA check first. However if that vehicle was out of sight in a neighbours garage then he obviouslycan't see it. It is even more complicated when it comes to the HCEO as he may actually force entry to 3rd party premises if he believe the goods of the debtor have been removed to avoid seizure.

As far as clamping is concerned then in my view a vehicle may only be clamped for 3 specifics:
1 - a vehicle causing an obstruction prior to removal
2 - a vehicle without a valid RFL
3 - as a result of a Clamping Order made by a Magistrate for an unpaid fine.