Debtor ordered to pay £1,182 after being convicted of obstructing an enforcement agent.

[Bailiff Advice]

With an unconfirmed report about an incident last week that led to a bailiff being hospitalised with serious injuries, the public need to be aware that it is a criminal offence under Paragraph 68 of Schedule 12 of the Tribunal, Courts and Enforcement Act 2007, to obstruct a bailiff/enforcement agent (link below).

 

https://www.legislation.gov.uk/ukpga/2007/15/schedule/12/paragraph/68?view=plain

 

Only a few days ago another person was convicted at trial in Nottingham of this offence.

 

 

http://www.nottinghampost.com/news/nottingham-news/bailiff-handed-100-compensation-after-684830

 

 

A bailiff has been awarded £100 in compensation after being punched by a company director while chasing a Nottingham City Council debt.

 

Snooker hall owner Julian Howard forced him out of his home during the incident on February 9, Nottingham magistrates heard .

 

Howard denied intentionally obstructing an enforcement agent in Crosslands Meadow, Colwick, and also common assault . He was convicted after a trial and left with £620 prosecution costs, a £420 fine and £42 government tax, on top of the compensation.

 

He agreed to pay the £1,182 total in a week and was told by presiding magistrate Simon Ashcroft: "The fact of the matter is we hope we don't see you in this court again."

 

 

Daniel Pietryka, prosecuting, said the bailiff was dealing with a liability order against Howard and arrived at his home at 6pm.

 

"He knocked on the door, a male answered and denied all knowledge of who Mr Howard was," he said.

 

"A female turns up and she said she didn't know who Mr Howard was."

 

At that point, the bailiff identified himself and said "various items would be taken so the balance could be met".

 

"The door was shut on him," added Mr Pietryka. The bailiff began to examine a car on the drive and went back to the front door in an effort to discuss that. A woman answered the door and shut it again.

 

At that point, the bailiff realised the door was unlocked and walked into the hall. Mr Pietryka said: "There was a bit of a commotion. Another female and a male came out.

 

"The man lunged towards him aggressively and pushed him out of the door. He swung his right arm towards him with a clenched fist and hit the right ear.

 

"He told him to get out. He said the officer needed a High Court writ to gain entry to the property."

 

When questioned, Howard said the bailiff used aggression to get into the house and he did not believe that he had assaulted the man.

 

Chris Brewin, defending, described 52-year-old Howard as a company director and project manager who also owns a snooker hall.

 

He said Howard suffers from chronic back pain and has undergone a long course of physiotherapy at Nottingham City Hospital. Mr Brewin said the bailiff had "no lasting injury, no visible injury".

 

A probation report said the debt has now been paid but Howard does not accept he committed the offences.