Update 5 –
Possession proceedings under Part 55 of the Civil Procedures Rules 1998
The City Council attended the County Court today at 12:00 to lodge the papers to make an application to commence possession proceedings on the land at Kitchen Lane. The papers to be served on each of the caravans and posted on site at 15:00 today by Phillip Richards, District Environmental Health Officer, with the assistance of West Midlands Police lead by Sergeant Mark Platt. The papers comprise:
- Notice of the hearing to the Persons Unknown. Hearing arranged for Wednesday 29 July at 10:30
- Claim Form
- Particulars of Claim
- Affidavit of Phillip Richard and
- Defence Form
At the court hearing on Wednesday 29th, before a District Judge, The City will apply for an Order for Possession forthwith. If the application is granted I will request the court office to issue the Order for Possession. At the same time the City will apply for the Order to be enforced in the High Court by way of a Writ of Possession.
The Order for Possession will be served on the occupiers of the caravans requiring them to immediately vacate the land. The occupiers will also be informed that High Court Enforcement Officers have been instructed to enforce the Order, if necessary, executing the Writ by way of forcibly removing the caravans from the land.