Speak to a BAILIFF Expert - £35
Making a complaint against
police officers
If the behaviour of a police
officer at the scene of a bailiff was inappropriate
and unprofessional, then you have a right to make a
formal complaint to a Clerk to the Justices at a magistrates' court for the question of reporting the officer for the offence of corruption.
The law is Section 26 of the Criminal Justice and Courts Act 2015.
You can also make a civil claim for damages.
It is the practice of many police forces to dismiss complaints of bailiff crime knowing it exposes the police force to a claim for damages and for the recovery of unlawful loss that takes place following police inaction while presiding over a crime committed by a bailiff.
Examples of police malfeasance can
include any of the following:
- Unwilling to listen to you even though you
believed what the bailiff was doing is
un-lawful
- You were threatened with arrest for
obstruction if you "continued to
remonstrate"
- You asked to see the bailiff's certificate
or warrant but was told by the officers to
"stop stalling and time wasting"
- They made you feel intimidated and like a
criminal
- Caused you or another person and extreme
amount of stress and since has had trouble
sleeping (consider a separate claim under the
personal injury protocol).
- They were totally in support of the bailiff
without even checking if what he was doing was
lawful
- Caused you a great embarrassment with your
neighbours
- The officer was rude and displayed
aggressive behaviour towards you
- Failed to prevent a crime that was
committed in the police officer's presence
- You want a written apology and claim
damages from the police force
Make a claim for damages from the police.
If you were accused of breach of the peace because you refused to concede to an illegal demand (bailiffs fees on a court fine you have already paid) or refused to open your door to a bailiff then you can sue the police force for damages.
Make a complaint if you are falsely accused of committing breach of the peace.
If you are fobbed off with excuses then here is
how to make a
complaint to the IOPC or you can sue the chief
constable of the police force my making a claim in
the small claims court using a
Form N1 using the grounds in the above
template.
Do be aware that making a complaint against police, they know how to close ranks as demonstrated by the Ian Tomlinson coverup. Mr. Tomlinson died after being struck by PC Simon Harwood and the police coverup to protect the officer was blown wide open when a bystander produced video evidence to a newspaper.
If you reported a bailiff to the police and the
police told you the crime is a civil matter then
you can make a formal complaint
If you are fobbed off with excuses, complain to the Independent Police Complaints Commission.
Note: Complaints to the IOPC involving an
incident with a bailiff or civil enforcement will
most likely come to nothing. You may well get into
a long and protracted volley of correspondence
because this is precisely what their administrative
staff are trained to do. This policy is called
attrition correspondence - designed to wear down
the complainant in the hope they eventually give up
the complaint.
You would be best collate the damages caused by
police negligence or misconduct and file a claim
against the police force using a Form N1 and make a
claim in the small claims court.
You can ask for a free
initial consultation with a
solicitor that specialises in claims against the
police. Be sure to keep your initial
correspondence brief and factual and show them your
original complaint letter you made from the first
template above as this contains all the necessary
law and case precedents your complaint relies
on.
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