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The so-called "DVCV Act 2004" only provides for entry using "reasonable force" provided all of
the following is true:
You have not paid the sum the court said you must pay (but not the fees - different rules)
You are inside the property
You are deliberately trying to avoid the bailiff
You have been served the statutory warning the bailiff intends for force entry
The bailiff has made an application to court to break into a property under Paragraph 15(1) of
Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Currently there are no
prescribed court procedures for a bailiff to have an audience at a magistrates court to make the
application.
Bailiffs having a right to enter premises do not automatically have a right to levy distress - that
requires separate court authority - a distress warrant, or a "warrant of control".
If the fine is paid the law says the distress warrant ceases to have effect. Part 52.8(5) of the
Criminal Procedure Rules 2013
This means any threat to enter premises without having authority to levy goods is vexatious and
may amount to fraud by abuse of position, an offence under section 4 of the Fraud Act 2006 and
can be reported to Action Fraud.
Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 requires
bailiff to apply to a court for a warrant to enter and search for goods. but there is currently no
court procedure for making that application and to which type of court the application is made
has been specified in regulations.
Enforcement agents must act in accordance with the Human Rights Act 1998, paragraph 28 of
the Taking Control of Goods: National Standards 2014 and his legislation is not compatible with
Article 8 of Schedule 1of the Human Rights Act 1998. Only a court (but not HM Court Service)
can make an order to break entry. Court service staff and mangers do not have that authority.
A distress warrant on its own is not a warrant to break entry, it only warrants the taking of goods