June 12, 2019 at 1:48 pm #22340AdministratorKeymaster
If a bailiff says he called the police, then you can get the call details from the police CAD (Computer Aided Dispatch) by calling them on 101. That not only confirms whether the bailiff called the police, it says what the bailiff said to them. This information is exempt under section 29 of the Data Protection Act 1998. It is a bailiffs’ tactic to scare you into thinking the police will be coming. You can use the CAD report as evidence of the bailiff’s dishonesty by pretending to call police when he did not.
Bailiff called police, (or said he called police).
If a bailiff attending your property involved the police, or a bailiff said he called the police, then you have a right to see the police incident report.
This often discovers whether a bailiff was being truthful about whether he called police, or you can dispute anything that took place in front of police.
Call the police non-emergency number 101 and ask the switchboard that you want to make an enquiry about a police incident giving the date time and location of the incident in question.
Ask for the incident number and WRITE IT DOWN.
The police operator will give you a read-back of the incident, have a pen and paper ready and note down any other details. You will need these if you are planning court proceedings or reporting a crime, and you will need to do a Subject Access Request under section 7 of the Data Protection Act 1998. – often called a SAR.
If the police have no incident record on CAD then this proves the bailiff has lied to you about calling the police.
You can also request the following information from the police using a Subject Access Request from the police
The Incident Log
Police station CCTV footage
You can get the CAD messages and other information about the bailiff calling the police.
Calling police under false pretences
If a bailiff attended without an enforcement power or tried to recover unpaid fees for a debt that had already been paid, and called police to assist, then he commits an offence under Section 5(2) of the Criminal Law Act 1967 which states:
Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more than level 4 on the standard scale or to both.
You can report the offence to your local police force online at their web site and it will be assigned to an officer. You need to show evidence there was no debt (other than fees) owed and explain the legislation that calls for the enforcement power to cease upon paying the “amount outstanding” under Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
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