June 12, 2019 at 1:43 pm #22336AdministratorKeymaster
If you are bringing a claim for unlawful enforcement action which the bailiffs body-cam footage would prove your claim, you have a right to ask for a copy. You may get excuses like “data protection act”. You apply to the court to make an order requiring the bailiff to give you his body-cam footage according to a deadline. When the bailiff fails to produce it, the court can strike out his defence and you win your claim without a fight. The bailiff hangs himself with his own rope.
Bailiff was wearing a bodycam, a GoPro camera or other body worn camera.
You have a right to a copy of the video footage.
If you are bringing legal proceedings for non-compliant enforcement, and the video footage from the bailiffs body worn video camera can prove your case, then always ask for a copy and use it in court.
Always ask for it in writing and copy by email. That prevents bailiff companies claiming not to have received the request for the footage.
If the bailiff refuses to give the footage
Keep their reply and give it in your evidence bundle.
When you bring proceedings, and the bodycam footage would prove your claim, you can make an application on a court form N244 (without notice). The order can require the defendant that “unless the defendant (Bailiff company) within 14 days from the date of this order, the defendant do give the claimant the complete and un-redacted video recording, the defendants statement of defence is struck out under CPR 3.4(2)(c)”
Alternatively the court may make an order under CPR 31.12 to force the bailiff company to disclose the bodycam footage. However, that will result in the hearing being adjourned and the bailiff being given the “unless order” which strikes out their defence unless the bailiff company produces the footage. It take longer.
Methods used by bailiff companies to excuse disclosure
Saying you must attend their offices to view the footage under duress and without giving you a copy. (Jacobs)
Its “data protection act” enclose a cheque for £10. (Marston)
The battery was flat
Its “wholly vexatious” (Newlyn Plc)
The Body worn camera was malfunctioning. (DCBL)
The bailiffs camera is often switched off in the presence of children because it could otherwise commit an offence under Section 3 of the Protection of Children Act 1978
Ask in writing for a copy of the bodycam footage.
Example reply letter obfuscating your request for a copy of bodycam footage. A reply like this demonstrates the attitude of the bailiff company. You can give it in your evidence and ask the court to strike out their defence if the court believes the footage would otherwise prove your claim.
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