Bailiff Offences
It is always the case that any complaint about a bailiff, should
be resolved informally, if possible. In particular, as this is
easier, quicker, and less expensive. Many times, the mere threat
of court action is sometimes all that is necessary to convince
the bailiff company to settle any dispute.
Due to recent cut backs in legal aid, together with the complexity
of bailiff law, instructing a solicitor is not an easy route at
all. Nonetheless, by writing to the bailiff company, and also
the company who instructed them, in a way that shows that you
are both confident and sufficiently well informed, very often
is enough for your dispute to be resolved without legal action.
You will find listed below, the four main areas where claims
against bailiffs can be made.
If you are considering legal action,
it is necessary to firstly identify which offence has been committed.
From experience this is more likely to be overcharging
of fees and Illegal Distress and it is these offences that are likely to prove more successful
when considering legal action.
What is Illegal Distress?
This is one of the main offences that is seen by the courts.
This can include where the bailiff has levied on goods that do
not belong to you, where goods are listed that should be exempt
or most importantly, Illegal Distress is where the bailiff is
found not to be a Certificated Bailiff,
as required by law.
For Council Tax , Business Rates, Road Traffic Debts, Magistrate
Court Fines etc, the bailiff must, by law, be Certificated if
he levies (seizes) goods. This can be either goods within the
house that he lists on a Walking Possession, or a vehicle or other
items outside.
If it is found that the bailiff has acted illegally
then the levy itself is void and therefore must be cancelled.
In seeking damages for illegal distress, the owner of the goods
could make a claim for trespass, and
as such, any claim would be against the bailiff who levied, and
any creditor authorising the illegal
act ( ie: the Local Authority)
When an illegality has occurred, you are able to sue to recover
some compensation, which typically will be for trespass to land,
or trespass to goods. Claims are made on a County Court Form.
In claims in respect of trespass to goods, it may be possible
to also ask the court for an order for the recovery of the goods.
In relation to parking penalties, it is important to note Section
78(7) of the Road Traffic Act, which states that:
• “Any person who attempts to seize goods in payment
of parking fines who is not a “Certificated Bailiff” and any person who authorises him
are committing an “offence of trespass”.
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