A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.[1]
If the accused shows grounds the bailiff is not acting lawfully at the material time, he is not guilty of the offence.
If the accused shows grounds the obstruction was not intentional, he is not guilty of the offence.
If the enforcement agent does not have a certificate, the accused is not guilty of the offence, instead, the bailiff commits an offence,[2] and it is the bailiff the police must arrest.[3][4]
If a debtor wrongfully interferes with controlled goods and the creditor suffers loss as a result, the creditor may bring a claim against the debtor in respect of the loss.[5]
The police officer must arrest the bailiff for breach of the peace if he witnesses a bailiff placing anyone in fear of violence or harm.[6]
Check whether the controlled goods, where lawfully controlled according to regulations,[7] in particular regulations 16-19.[8]
[1] Paragraph 68(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Section 63(6) of the Tribunals, Courts and Enforcement Act 2007
[3] Foulkes v Merseyside Police [1998] EWCA Civ 938 (9 June 1998)
[4] Section 26(5) of the Criminal Justice and Courts Act 2015
[5] Paragraph 67 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] R v Howell (Errol) [1982] 1 QB 427
[7] The Taking Control of Goods Regulations 2013
[8] Regulations 16-19 of the Taking Control of Goods Regulations 2013
Protect your car from bailiffs | Recover Your car from bailiffs | Attending a bailiffs vehicle pound | Reclaim bailiffs fees | Getting a chargeback | Attending Court | Arrested? | Bailiff Law | Trace a bailiff | Your bailiff FAQs | National Bailiff Advice | Beat the Bailiffs | BailiffTALK | About Stop the Bailiffs