Laws concerning ones rights against unlawful bailiffs
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CRIMINAL LAW ACT 1977 PART II
OFFENCES RELATING TO ENTERING AND REMAINING ON PROPERTY
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CRIMINAL LAW ACT 1977 PART II
OFFENCES RELATING TO
ENTERING AND REMAINING ON PROPERTY
6 Violence for
securing entry.
(1)Subject to the
following provisions of this section, any person who, without lawful
authority, uses or threatens violence for the purpose of securing
entry into any premises for himself or for any other person is guilty
of an offence, provided that-
(a)there is someone
present on those premises at the time who is opposed to the entry
which the violence is intended to secure; and
(b)the person using
or threatening the violence knows that that is the case.
POLICE AND CRIMINAL
EVIDENCE ACT 1984
17 Entry for
purpose of arrest etc.
(1) Subject to the
following provisions of this section, and without prejudice to any
other enactment, a constable may enter and search any premises for
the purpose- (e) of saving life
or limb or preventing serious damage to property.
CASE LAW Remove implied rights of access .........................
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CASE LAW
Remove implied
rights of access
This was endorsed
by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72
Cr App R 223 - and placing such a notice is akin to a closed door but
it also prevents a bailiff entering the garden or driveway, Knox v
Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim
2753
If you don't remove
a Implied rights of access, a door left open is an implied license
for a bailiff to enter, Faulkner v Willetts [1982] Crim LR 453
Debtors can also
remove implied right of access to property by telling him to leave:
Davis v Lisle [1936]
2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol Jo 483
A person having been
told to leave is now under a duty to withdraw from the property with
all due reasonable speed and failure to do so he is not thereafter
acting in the execution of his duty and becomes a trespasser with any
subsequent levy made being invalid and attracts a liability under a
claim for damages,
Morris v Beardmore
[1980] 71 Cr App 256.
A bailiff rendered
a trespasser is liable for penalties in tort and the entry may be in
breach of Article 8 of the European Convention on Human Rights if
entry is not made in accordance with the law, Jokinen v Finland
[2009] 37233/07
Bailiffs cannot
force their way into a private dwelling, Grove v Eastern Gas [1952] 1
KB 77.
A debtor can use an
equal amount of force to resist a bailiff from gaining entry
Weaver V Bush [1795]
8TR
Simpson V Morris
[1813] 4 Taunt 821
Polkinhorne V Wright
[1845] 8QB 197
Another occupier or
an employee may also take these steps:
Hall V Davis [1825]
2 C&P 33
Also wrongful would
be an attempt at forcible entry despite resistance Ingle V Bell
[1836] 1 M&W 516
Bailiffs cannot
apply force to a door to gain entry, and if he does he is not in the
execution of his duty Broughton V Wilkerson [1880] 44 JP 781
A Bailiff may not
encourage a third party to allow the bailiff access to a property
(i.e. workmen inside a house), access by this means renders the entry
unlawful Nash V Lucas [1867] 2 QB 590
A person standing
back to allow the bailiff to walk through, but the bailiff must not
abuse this license by entering by improper means or by unusual
routes, Ancaster v Milling [1823] 2 D&R 714 or Rogers v Spence
[1846] M&W 571
A person (from 2014
onwards - without a warrant of control) having been told to leave is
now under a duty to withdraw from the property with all due
reasonable speed and failure to do so he is not thereafter acting in
the execution of his duty and becomes a trespasser with any
subsequent levy made being invalid and attracts a liability under a
claim for damages,
Morris V Beardmore
[1980] 71 Cr App 256
The debtor's home
and all buildings within the boundary of the premises are protected
against forced entry, Munroe & Munroe v Woodspring District
Council [1979] Weston-Super-Mare County Court
It is not contempt
to assault a bailiff trying to climb over a locked gate after being
refused entry, Lewis v Owen [1893] The Times November 6 p.36b (QBD)
If a bailiff enters
by force he is there unlawfully and you can treat him as a
trespasser. Curlewis v Laurie [1848] or Vaughan v McKenzie [1969] 1
QB 557
A debtor cannot be
sued if a person enters a property uninvited and injures himself
because he had no legal right to enter, Great Central Railway Co v
Bates [1921] 3 KB 578
Vaughan v McKenzie
[1969] 1 QB 557 if the debtor strikes the bailiff over the head with
a full milk bottle after making a forced entry, the debtor is not
guilty of assault because the bailiff was there illegally, likewise
R. v Tucker at Hove Trial Centre Crown Court, December 2012.
If a person strikes
a trespasser who has refused to leave is not guilty of an offence:
Davis v Lisle [1936] 2 KB 434
Laws to protect property Trust......................................
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Laws to protect property
https://www.youtube.com/watch?v=xkvgdN4iH-g
TS 25.13
The UK Council Tax Scam: How To Legally NOT Pay & Beat Council
Tax For Good
Administration of
Justice Act 1970 Part 5 Miscellaneous provisions 1a
The
UK Council Tax Scam: How To Legally NOT Pay & Beat Council Tax
For Good
https://youtu.be/NQK5UcF4GGM?t=873
Bailbums Clowncil And
Clowns In Costumes
TS
14.33 No entry
even with violence breaking a lock on my property Private trust
+
TS 28.33 Bailiffs cannot
apply force to gain entry Broughton v Wilkerson 1880,
44 JP 781 case law common law by judge
TS 31.08 The debtors home and all buildings within the boundary of
the premises are protected against forced entry - munroe and munroe
vs Woodspring Council 1979
COUNCIL TAX FRAUD.....................................................
From :Peter - Law common to Man
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COUNCIL TAX FRAUD
Magistrates court is
for criminal cases County court is for civil cases (debts etc)
Clowncil tax is
simply a debt and not a tax. So it can only be civil.
Why do they issue a
summons from a magistrates court?
They don't, the
council simply print their own. It is a fake summons and a fake
liability order.
Any summons must
follow the civil procedures rules (cpr)
Magistrates court
Act 1980 Section 51
Local Government Act
1888 section 78 (2)
Administration of
Justice Act 1970 part 5
Perjury Act 1911
Section 5
Fraud Act 2006
Section 3
Fraud Act 2006
section 7
Data Protection Act
2018 173
Council Tax
(administration and enforcement) regulations 1992 Number 613 schedule
2
Form A
Originally provided
to draw up liability orders
Withdrawn 1st
October 2003
Never replaced
Resolution 3 council
tax (administration and enforcement) (amendment) number 2
(England)
regulations 2003 number 2211
There can be no
liability order
UTILITIES
From :Peter Law common to man
FUTILITIES
All so called
energy suppliers are simply credit brokers. They are agents and are
all under the Financial Conduct authority for financial institutions
such as banks, and credit brokers.
They supply nothing
to you. Go to their website and check their information. They are
simply agents and are only charging you because of the serial number
on the meter.
i, do not want to
get into the Cestui Que Vie trust or argue about how, when or why the
natural commodities of the land belong to us, this is purely looking
at their side of the coin, the legislation rather than the law.
But ask a solicitor
what is common law and a lot of them will tell you that it is case
law created by judges and judges rulings.
i, am not in
agreeance with that statement, however, it is a very important fact
to know and to use when we are dealing with those that have the
misguided belief that they are better than others.
So as for the credit
brokers, that are all registered corporations, do you have a contract
with them?
We exist in a world
of commerce, like it or not, it is how we exist. So, everything is
held together by contracts.
Gas act 1986 in
relation to safety
[F384B Exceptions
from sections 4AA to 4A.
(1) Section 4AA
does not apply in relation to the issuing by the Secretary of State
of guidance under section 4AB.
(2) Sections 4AA to
4A do not apply in relation to anything done by the Authority-
(a) in the exercise
of functions relating to the determination of disputes;
18 Safety
regulations.
F259(1)
(2)The Secretary of
State may by regulations make provision for empowering any officer
authorised by the relevant authority-
(a)
to enter any
premises in which there is a service pipe connected with a gas main,
for the purpose of inspecting any gas fitting on the premises, any
flue or means of ventilation used in connection with any such gas
fitting, or [F260any part of the gas system on the premises, that is
to say,]any service pipe or other apparatus (not being a gas fitting)
which is on the premises and is used for the [F260conveyance
or]supply of gas or is connected with a gas main;
(b)where he so
enters any such premises, to examine or apply any test to any such
object as is mentioned in paragraph (a) above and (where the object
is a gas fitting) to verify what supply of air is available for it;
Have a valid gas
safety certificate and get one every year
:Peter
They supply nothing to you. Go to their website and check their information. They are simply agents and are only charging you because of the serial number on the meter.
i, do not want to get into the Cestui Que Vie trust or argue about how, when or why the natural commodities of the land belong to us, this is purely looking at their side of the coin, the legislation rather than the law.
But ask a solicitor what is common law and a lot of them will tell you that it is case law created by judges and judges rulings.
i, am not in agreeance with that statement, however, it is a very important fact to know and to use when we are dealing with those that have the misguided belief that they are better than others.
So as for the credit brokers, that are all registered corporations, do you have a contract with them?
We exist in a world of commerce, like it or not, it is how we exist. So, everything is held together by contracts.
Gas act 1986 in relation to safety
[F384B Exceptions from sections 4AA to 4A.
(1) Section 4AA does not apply in relation to the issuing by the Secretary of State of guidance under section 4AB.
(2) Sections 4AA to 4A do not apply in relation to anything done by the Authority-
(a) in the exercise of functions relating to the determination of disputes;
18 Safety regulations.
F259(1)
(2)The Secretary of State may by regulations make provision for empowering any officer authorised by the relevant authority-
(a)
to enter any premises in which there is a service pipe connected with a gas main, for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting, or [F260any part of the gas system on the premises, that is to say,]any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the [F260conveyance or]supply of gas or is connected with a gas main;
(b)where he so enters any such premises, to examine or apply any test to any such object as is mentioned in paragraph (a) above and (where the object is a gas fitting) to verify what supply of air is available for it; Have a valid gas safety certificate and get one every year
:Peter