Re: Bailifs !

On 3 Dec, 11:05, "steve robinson" <st...@xxxxxxxxxxxxxxxxxxxxxxxxx>
wrote:
Mike Ross wrote:
On Wed, 2 Dec 2009 21:17:44 -0800 (PST), Ste
<ste_ro...@xxxxxxxxxxx> wrote:

On 3 Dec, 04:50, Mike Ross <m...@xxxxxxxxxxxxx> wrote:
On Wed, 2 Dec 2009 16:27:48 -0800 (PST), Ste
<ste_ro...@xxxxxxxxxxx> wrote:  >> >On 2 Dec, 23:53, "SmokinBilly"
<notgi...@xxxxxxxxxxxxxxx> wrote:  >> >> If I park my car in my
neighbours drive can the bailif still either clamp it >> >> or take
it away ?

Thanks

Yes.

If I found a bailiff on my drive, or any part of my land,
without my permission >> they would get ejected forthwith. Would
they have any legal reason for refusing >> to leave?

Every reason. Bailiffs have a right to enter peaceably onto any
land, and into any premises, with the intention of lawfully
executing a distress warrant against a debtors goods which the
bailiff reasonably believes can be found there. It does not
matter that the land or premises belong to a third party. If you
try to forcibly remove the bailiff once he has entered, then
provided his entry was lawful you commit a criminal offence.

It can't be a peaceable entry if it's against the clearly expressed
wishes of the owner of the property. In fact I can guarantee it
would be anything but peaceable.

Mike

once they cross the threshold of your property its peaceable entry ,

Yes, provided the reasonable person would say that they had "entered,
and did so peaceably". The idea that putting a foot in the door counts
as "entry" is not correct, and the idea that barging in past the
person answering the door is "peaceable" is also not correct.
.

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