If a bailiff is asked to leave before they have levied, do they have to?

[TVJonesClassic]

Specifically, if they are on your driveway blocking your car and have not written out a Form F7 and are not in the process of writing, should they leave if you ask them to? Thanks.

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

It is an offence to block someone's driveway, thereby preventing them from driving out onto a public highway. The offence is under the Highways Act, It will depend on just how idiotic a bailiff has been, whether anyone's safety has been compromised and a number of other factors, as to whether the bailiff's actions amount to Wilful or Unnecessary Obstruction of the Highway. What would be poetic justice is if the fire and rescue service were on their way to a fire and had to move the bailiff's van out of the way by ramming it with the fire truck. Not only would the bailiff possibly get a ticket for Impeding An Emergency Vehicle, but any damage caused to the van by the fire truck ramming it is unlikely to be covered by the bailiff company's motor insurance and they would not be able to claim from the fire and rescue service. The fire and rescue service can legitimately cause damage to a vehicle in order to move it in order to facilitate access to the scene of a fire or other incident they are attending.

As to your specific question, it would depend on the reason the bailiffs were at your home. If they have no lawful reason to be there, you are within your rights to ask them to leave.

[TVJonesClassic]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Bailiff attended for a council tax liability order. Parked his van on my drive and wouldn't move it when asked. He called the police as I wouldn't pay anything. The police arrived and saw his van on the drive, and him attempting to clamp my car. (This I know about.) Police officer didn't know clamping was illegal and didn't mention the bailiff blocking me in.

[CleverClogs]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Bailiff attended for a council tax liability order. Parked his van on my drive and wouldn't move it when asked.

Why didn't you place a blanket over the bumper of your car and push his vehicle off your land?

He called the police as I wouldn't pay anything.

That does sound a lot like wasting police time.

The council is, of course, liable for the antics of the bailiff.

[TVJonesClassic]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Why didn't you place a blanket over the bumper of your car and push his vehicle off your land?

I actually didn't think of this at the time. It might have crossed my mind but I didn't seriously consider it, probably expecting damage to my car. Ah well. The obstruction is just more fuel for the complaint.

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Why didn't you place a blanket over the bailiff and push him off your land?


That does sound a lot like wasting police time.

The council is, of course, liable for the antics of the bailiff.

IFYPFY :grin: Absolutely spot-on as regards the bailiff wasting the time of the police. I'm surprised the copper who attended didn't give the bailiff an FPN.

[CleverClogs]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Using one's motor-car to push a bailiff from one's land isn't very wise.

His slime could get all over the place.

[Monkey Drunk]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Bailiff attended for a council tax liability order. Parked his van on my drive and wouldn't move it when asked. He called the police as I wouldn't pay anything. The police arrived and saw his van on the drive, and him attempting to clamp my car. (This I know about.) Police officer didn't know clamping was illegal and didn't mention the bailiff blocking me in.

What makes you think the clamping was illegal? If the bailiff called the Police, it must have been either for his own safety or in fear of a breach of the peace if a tow truck turned up to remove the car......

Can you please fill in the gaps with regards threats by you (and/or 3rd parties) or removal of the vehicle please....

I can guarantee no one in power will listen to your claim that the bailiff acted illegally in refusing to remove his vehicle from your driveway while he was in the process of seizing your vehicle unless proof was provided at the time that the vehicle didn't belong to you (which you've already admitted in your first post was not the case).

[charitynjw]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Specifically, if they are on your driveway blocking your car

What makes you think the clamping was illegal? If the bailiff called the Police, it must have been either for his own safety or in fear of a breach of the peace if a tow truck turned up to remove the car......

Can you please fill in the gaps with regards threats by you (and/or 3rd parties) or removal of the vehicle please....

I can guarantee no one in power will listen to your claim that the bailiff acted illegally in refusing to remove his vehicle from your driveway while he was in the process of seizing your vehicle unless proof was provided at the time that the vehicle didn't belong to you (which you've already admitted in your first post was not the case).

The Protection of Freedoms Act 2012?

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

The Protection of Freedoms Act 2012?

Charity,

POFA doesn't apply to bailiffs.

Monkey Drunk,

Certificated bailiffs are known to call the police in order to intimidate debtors and also misrepresent their status and powers to the police, who are ill-trained in bailiff law. The most common misrepresentation is that they are court bailiffs. The last certificated bailiff who employed this misrepresentation found themselves claiming JSA after their certificating court revoked their certificate on the weight of a letter of complaint and accompanying evidence, including a police report. No Form 4 was submitted and no hearing was convened. The court used its powers under the Civil Procedures Rules 1998.

[bizzybob]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Monkey Drunk, there is no worse enemy for a bailiff to make than a copper the bailiff has duped into supporting an unlawful enforcement. Even the Kraken or Godzilla pales into insignificance after a wronged copper, who was only trying to uphold the law.

Many coppers I know would remove the foot by dragging the bailiff out backwards to the police car, they having checked up on bailiffs when they were spoofed by one before.

[Guest]

Re: If a bailiff is asked to leave before they have levied, do they have to?

I understand that bailiffs doing what bailiffs do is a bloody pain in the backside. But putting aside the rhetoric regarding the fire service.

What was the bailiff actually doing wrong ? He was securing goods, impounding is his lawful right given to him under legislation and the distress order. The police were merely assisting him in performing these.

No one is saying that this is not an unpleasant and probably immoral activity, but illegal, really ? If so what law has been broken.

[wales01man]

Re: If a bailiff is asked to leave before they have levied, do they have to?

As much as I hate Bailiffs if what they are doing is lawful that's it,
Acting outside the law should be punishable same as for the rest of us.

[bizzybob]

Re: If a bailiff is asked to leave before they have levied, do they have to?

As much as I hate Bailiffs if what they are doing is lawful that's it,
Acting outside the law should be punishable same as for the rest of us.

That is all we ask, not allowing bailiffs to go all Judge Dredd on a debtor, as in "I AM THE LAW" act ultra vires and not be punished.

[teaboy2]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Come on guys, lets get this thread back on track shall we.

The bailiff had no lawful right to clamp the car in this case, the answer as to why is in the Threads Title, "without Levy". Without a levy the bailiff can not seize goods, including clamping the car. There was also no previous communication from the bailiff, giving the OP time to pay or make a arrangements to make a repayment schedule. A bailiff can not turn up on first visit and clamp a car or take any goods without first levying the car or goods and then returning at a later date after issuing the levy to collect payment or take goods.

Bailiffs have rules to follow, breaching them is unlawful and can cost the bailiff their job, not that it stops them from trying to hoodwink people or the police!