What happens if a bailiff does not provide the requested video recordings within 28 days?

If a bailiff or his firm fails to provide the requested video footage within 28 days, they breach the Data Protection Act 2018.^[1]

Bailiff companies frequently suggest that debtors file a "DSAR" request, as non-compliance penalties are minimal.^[2]

They know that releasing the recordings could incriminate the enforcement agent, and the potential penalties are often less than the claim that could result from disclosure.

Instead, debtors should get the recordings by giving notice under Rule 6 of the Pre-Action Conduct and Protocol,^[3] or under Part 31.16 of the Civil Procedure Rules,^[4] which makes disclosure mandatory.

If the bailiff refuses or cannot provide the recordings, you may apply for a court order, called an unless order.

If the bailiff refuses or fails to provide the recordings, you can seek a court order demanding that they produce the body-worn camera footage by a specified deadline.

Should the bailiff still withhold the recordings, they may be found in Contempt of Court for disobeying a court order.^[5]

In such a case, you can apply to the court to award you damages equivalent to your claim and cover your legal expenses.

^{[1] Section 45 of the Data Protection Act 2018
[2] Section 157 of the Data Protection Act 2018
[3] Rule 6 of the Pre-Action Conduct and Protoco
[4] Part 31.16 of the Civil Procedure Rules
[5] Civil Procedure Rule 81.3}