Bailiffs - can they...............

[brighton bluenose]

.............break into your gaff to remove goods to pay a parking fine?

They've been round a few times over the years but I've not been in so they just leave a letter!

Anyone know the score?

Cheers!

 

[moggy]

i'm a locksmith and i often go out with bailiffs to gain entry into homes if people aren't in.
however, they do have to have a warrant from the court

 

[brighton_girl87]

They can't break in but I think if they see a window open or an unlocked door they can get in that way. They are also not allowed to force their way in, for example if you answer the door they are not allowed to push past you.

 

[Simster]

My wife says they can't force entry by breaking and entering, but can allow themselves in if there is a way of doing so.

So they'll knock on the door, and when you open the door their foot will stay in the gap until they've got in.


Edit: beat me to it.

They can't break in but I think if they see a window open or an unlocked door they can get in that way. They are also not allowed to force their way in, for example if you answer the door they are not allowed to push past you.

 

[brighton_girl87]

So they'll knock on the door, and when you open the door their foot will stay in the gap until they've got in.

They aren't even allowed to do that as it counts as forced entry

 

[brighton bluenose]

Thanks guys - I'm on the 4th floor so they certainly wont be getting in via the window!!

 

[zamoraace]

Hi, no is the answer unless as a previous chap mentioned they have a warrant which is often not the case. I have worked a couple of times with baliffs and they have both times told me neither case they had the right to push in but they act aggressively and often scare the people in the home to believing them and letting them in etc. If they hand you a piece of paper ie a warrant read it carefully as some have been known to fake documents etc. Also you can apply to the courts who will determine what you can afford to pay and if in arrears how much you can pay per month even if just £2 a month the courts can help.

Good luck

 

[zamoraace]

Forgot to mention if anyone reading this gets a parking fine and they are not happy with it you should be able to have a 14 day period of grace in which you can appeal against this decision and if not successful pay it but write a letter that you will be taking this matter further and that the payment is not an acceptance of liability. That way you will not incur any costs such as bailiffs etc as they will just add £200 a time and from what was a £30 fine can soon become several thousand!! Go to moneysavingexpert.com as there is advice on that website if you put in the sites search engine on stuff like this. Good luck again

 

[Westdene Seagull]

As others have said, they can break in if the court has issued a warrant for them to do so. This will usually be for non-payment for things such as council tax, parking fines ( from tickets issued by or on behalf of the local authority not supermarkets etc ) and other court fines.

It is highly unlikely, but not unknown, that they would issue a warrant for a private debt such as mortgage arrears. This is only likely to happen when the lender has been granted a repossession order.

In your case it's likely that they will get a warrant to force entry pretty quickly if they asked for one. You're not going to get away from paying a local authority parking fine so if I were you I'd pay it or work out a payment schedule pretty damn quick to prevent balliff costs building up.

 

[Westdene Seagull]

Forgot to mention if anyone reading this gets a parking fine and they are not happy with it you should be able to have a 14 day period of grace in which you can appeal against this decision and if not successful pay it but write a letter that you will be taking this matter further and that the payment is not an acceptance of liability. That way you will not incur any costs such as bailiffs etc as they will just add £200 a time and from what was a £30 fine can soon become several thousand!! Go to moneysavingexpert.com as there is advice on that website if you put in the sites search engine on stuff like this. Good luck again

If you're talking about local authority issued PCNs then you can extend the period by saying you never got the ticket when you finally get the £60 letter. Make sure you appeal and ask for a hearing in person rather than ruling by post. The council will attempt to bully you and are quite likely to offer you the opportunity to pay at the £30 level instead. If you think the ticket is wrong then make sure you go through the whole appeal - if you lose then you are still liable to the ticket at £30 ( just make sure you pay it ! ).

 

[brighton bluenose]

Dont intend paying them because I have a residents permit (Zone N - Hove) -but because anyone can park in my area after 8pm often means I might have to park on a meter bay 400 yards or so away on coming home in the evening - if you havent moved it by 9am you can get a ticket!

Ridiculous rip-off system - hence the non-payment!!

 

[Westdene Seagull]

Dont intend paying them because I have a residents permit (Zone N - Hove) -but because anyone can park in my area after 8pm often means I might have to park on a meter bay 400 yards or so away on coming home in the evening - if you havent moved it by 9am you can get a ticket!

Ridiculous rip-off system - hence the non-payment!!

I agree it's a rip off but you need to use the appeal system to fight it. Otherwise the Baliffs will eventually get a warrant to force entry and remove goods and it will be for a figure considerably higher than £30.

 

[The Grockle]

Dont intend paying them because I have a residents permit (Zone N - Hove) -but because anyone can park in my area after 8pm often means I might have to park on a meter bay 400 yards or so away on coming home in the evening - if you havent moved it by 9am you can get a ticket!

Ridiculous rip-off system - hence the non-payment!!

Fella, i know its a piss take but you shouldn't just ignore the fine, It will end up costing you a f***ing fortune. Just bite the bullet, pay them and save yourself a lot of hassle and money.
I was disputing a council tax bill a few years ago for about 800 quid, basically refused to pay it untill they sorted it. Sure enough the bailiff came round and demanded 1500 i told him to go f*** himself to which he said we'll be back in 7 days. When he returned the bill had gone up to 1900 in one week! I just paid it in the end before it went up anymore.

 

[Ding Dong !]

I to am a locksmith and have done bailiff work in the past ( though now avoid it ) and as moggy has said in this thread if they have a warrant they will instruct a locksmith to gain access if required and it won't necessarily be non destructively !

 

[rusty redeyes]

Dont intend paying them because I have a residents permit (Zone N - Hove) -but because anyone can park in my area after 8pm often means I might have to park on a meter bay 400 yards or so away on coming home in the evening - if you havent moved it by 9am you can get a ticket!

Ridiculous rip-off system - hence the non-payment!!

Pay the fine, ditch the motor, get a bike and with that man-bag of yours you can become an eco-warrior GIMP

 

[brighton bluenose]

Pay the fine, ditch the motor, get a bike and with that man-bag of yours you can become an eco-warrior GIMP

PMSL

 

[thejackal]

Take a look at this:

Toolbox: Stop taking the PCN | Lawful Rebellion

According to these people, PCNs are unlawful private contracts, and there are various methods that you can use to exempt yourself from them.

 

[beorhthelm]

According to these people, PCNs are unlawful private contracts,

i really stuggle to follow how its a contract and the site doesnt explain. i do not willingly accept a fair and equitable agreement when parking (sign post 50 yards down the road surely cannot count), and i cant see how i would enter a contract after the act to pay a fee for parking.

 

[thejackal]

i really stuggle to follow how its a contract and the site doesnt explain. i do not willingly accept a fair and equitable agreement when parking (sign post 50 yards down the road surely cannot count), and i cant see how i would enter a contract after the act to pay a fee for parking.

Yes I think that's basically their point. The council are trying to enforce a contract on you without the due process of offer, consideration and acceptance. What this site is saying is that it's a scam and if you know how to challenge a PCN in the correct legal way then they have to expose their scam in order to enforce it on you, which they are very unlikely to do.

I've met a couple of these guys when they've given public talks and they swear blind that it's the truth. That said, from what I can tell it's a very complicated area, not least because there's so much legal stuff involved and their 'interpretation' of it is exactly that: an interpretation.

 

[thejackal]

This article does a slightly better job of explaining it, I think.

PCNs (Penalty Charge Notices) are not Fines they are in fact Contractual Payments! | www.tpuc.org