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Re: Stop by police during routine check baliff took my pco reg.taxi
I doubt that any vehicle seized by bailiffs during one of these roadside operations has been lawfully seized, irrespective of whichever set of rules were in force at the time.
Strictly speaking, if a bailiff is acting in contravention of the conditions attached to a warrant or other order and seizes or attempts to seize a vehicle or other goods whilst acting in contravention of the conditions attached to a warrant or other order and the debtor or third party knows this, the debtor or third party may use as much reasonable force as is necessary to protect their vehicle, chattels or goods. Pushing a bailiff away would be reasonable force. In the scenario Baldrick describes, a bailiff reaching in through a car window is asking to have the window raised thereby trapping their arm or the back of their hand scratched with long fingernails. If a dog is in the car and just happens to do what comes naturally and sinks its teeth into the bailiff's hand, then my view is that it is the bailiff's own fault for crossing the line. A police officer would, in my view, be very foolish indeed and, potentially, be putting their job on the line, if they arrested the driver. I doubt very much that a stipendiary magistrate (District Judge) would take a favourable view of such action by police on hearing the bailiff was acting outside the law and the debtor or third party was, simply, defending their possessions as is their right to do so.
Originally posted by bizzybob
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Strictly speaking, if a bailiff is acting in contravention of the conditions attached to a warrant or other order and seizes or attempts to seize a vehicle or other goods whilst acting in contravention of the conditions attached to a warrant or other order and the debtor or third party knows this, the debtor or third party may use as much reasonable force as is necessary to protect their vehicle, chattels or goods. Pushing a bailiff away would be reasonable force. In the scenario Baldrick describes, a bailiff reaching in through a car window is asking to have the window raised thereby trapping their arm or the back of their hand scratched with long fingernails. If a dog is in the car and just happens to do what comes naturally and sinks its teeth into the bailiff's hand, then my view is that it is the bailiff's own fault for crossing the line. A police officer would, in my view, be very foolish indeed and, potentially, be putting their job on the line, if they arrested the driver. I doubt very much that a stipendiary magistrate (District Judge) would take a favourable view of such action by police on hearing the bailiff was acting outside the law and the debtor or third party was, simply, defending their possessions as is their right to do so.
The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.
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