Tv Licensing - Marstons Holdings

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westcunttree
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Joined: 22 Feb 2018 12:32

Tv Licensing - Marstons Holdings

Post by westcunttree »

Good afternoon.

i understand bailiffs can sometimes force entry for magistrates court fines.

Does this apply to TV licensing as well?

Thanks in advance
zeke
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Joined: 30 Jul 2012 21:23

Re: Tv Licensing - Marstons Holdings

Post by zeke »

The expression "enter by force" is misinterpreted to be breaking and entering, and using force against people.

I made representations in 2016 to the MOJ in the first round of reviews of the new regulations and got an amendment to the Schedule 12 provisions to delete the use of force against people.

Marston did go through a phase of breaking open properties using a locksmith, but it resulted in expensive proceedings because the regulations only provide for the use of a locksmith to break open locks to commercial premises for the forfeiture of a leased or rental premises or the execution of a writ of possession.

A TV license is enforced using a warrant of control issued in a magistrates court, but since 2016, the use of force against people has been repealed, as was section 27 of the Domestic Crimes Violence and Victims Act 2004, that was secretly rushed through parliament in 2006 by a Dr Steve Everson who was at the time, the CEO of a bailiff trade association, the forerunner of CIVEA.

The use of violence is, or threatening violence to get a money transfer is totally unacceptable.
westcunttree
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Re: Tv Licensing - Marstons Holdings

Post by westcunttree »

Thanks very much for your help, sneaky fecker that Steve Everson!
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Syd Snitkin
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Re: Tv Licensing - Marstons Holdings

Post by Syd Snitkin »

I can't see where section 27 has been repealed.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
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Syd Snitkin
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Re: Tv Licensing - Marstons Holdings

Post by Syd Snitkin »

I made representations in 2016 to the MOJ in the first round of reviews of the new regulations and got an amendment to the Schedule 12 provisions to delete the use of force against people.
What are you talking about?
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
zeke
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Re: Tv Licensing - Marstons Holdings

Post by zeke »

During the first round of enforcement reforms, stakeholders were asked to complete a questionnaire.

Para. 26(2) says:

  • (2)A power to use force does not include power to use force against persons.


It used to say:


  • (2)A power to use force does not include power to use force against persons, except to the extent that regulations provide that it does


Schedule 4(a) of the Domestic Violence, Crime and Victims Act 2004 provided immunity for bailiffs to use "reasonable force".

It was snuck through Parliament at the 11th hour before becoming an Act. Dr Everson tried to pull the same stunt with another of his 11th hour amendments, but on that occasion, he was caught and Parliament slung it out.
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Syd Snitkin
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Re: Tv Licensing - Marstons Holdings

Post by Syd Snitkin »

That was an amendment made in 2013.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
zeke
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Joined: 30 Jul 2012 21:23

Re: Tv Licensing - Marstons Holdings

Post by zeke »

That sounds about right. The following year, Steve Everson jumped ship and later, ACEA and ESA merged to form CIVEA.
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Syd Snitkin
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Re: Tv Licensing - Marstons Holdings

Post by Syd Snitkin »

So please stop saying it was your response in a questionnaire that forced the amendment.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
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