Post by shelley
Drakes are the worse baliffs and unfortunately they are attached to
the magistrates court. This court do not regulate the baliff or their
charges at all. But beware....if the bill concerns a fine from the
mags court.....the baliff does not require to be invited in....he can
Yep, Drakes are a right bunch of cowboys
Partially correct about the right of entry, this only applys to fines
directly imposed by the magistrate (ie criminal offences, tv
licence,assault,police parking ticket etc). The CSA have only obtained a
liability order which can be treated as a distress warrant,the
magistrate only approves the order, it is not a fine imposed by the
magistrate, hence the bailiff can only obtain peaceful entry (open but
not locked window or door) or admittance by a responsible person. Drakes
often cite the `foot over the threshold` crap, it doesn`t exist, either
full entry or no entry. Any other method and the action becomes unlawful.
If bailiffs gain entry, they must be able to levy up to the amount +
costs or return the warrant. No partial or zero levy allowed for CSA
debts, all or nothing, neither can they remove your car from the public
highway if you don`t give them the keys.
Failing that, until the TCE bill becomes law, you can quite legally
display a notice in a prominent position quoting `No police or bailiffs
allowed`, this removes the implied right of entry enjoyed by bailiffs
and invalidates their action right from the word go.
Any bailiff found ignoring this, you can forget complaining to their
employer,they always say their right (even when they are wrong), go
straight for the throat and file a pt4 complaint at the court, thats
provided Drakes do send a certificated bailiff (they are contractually
required by the CSA).
Any body needing further info on bailiffs, look on the net for books by
`John Kruse`,widely regarded as the the foremost expert on bailiff law