Face off in Essex
Enforcement Bailiffs Limited was called to a development site that was right next door to a residential estate.
An unauthorised encampment had been set up on the development site. The trespassers who were on the site had tried to claim squatters rights. They believed that they could claim squatter’s rights as they had secured the gate with a chain and lock. They claimed they had not used violence secure entry and the site was unlocked and empty when the trespassers had taken up residence.
We could not do an immediate common law eviction as we would have then committed an offence.
The Criminal Law Act 1977 says that:
People who threaten to use or actually use violence to gain entry including violence to a chain are guilty of an offence.
It is irrelevant whether you are securing the entry for yourself or anyone else. This is the case if there is a person on the premises that has denied entry to the landowner or a bailiff, or even if the landowner or a bailiff knows that there is someone on the property that is opposed to their entering the property.
Our client was able to obtain an emergency order in the high court. The instruction came to us came in the form of a writ of possession.
Once the enforcement agents were on site they tried to execute the writ. The trespassers became aggressive and violent. The enforcement agents knew they had to back off until he could call in more support. The bailiffs contacted the police in first instance and then also requested support of extra staff from the office. Under section 99 of the Courts Act 2007, Schedule 7, the police have a duty to assist in the execution of the writ when requested.
The Act states any police officer should aid an enforcement officer or any person acting on their behalf whilst executing a writ when help is requested.
The police recognised the genuine concern of our enforcement agents. They sent 10 officers and Enforcement Bailiffs Limited supplied a further 10 enforcement agents to the scene. The weight of numbers allowed us to gain access to one of the caravans. We started to tow the caravan off the property. The squatters then all decided that the game was up and they all started to pack up and leave.
This shows how our team were able to adapt to the circumstances of this particular case liaising with the police and colleagues to achieve the ultimate aim of securing the land for the owner.