Fact Sheet - Bailiffs and Council Tax
The Council didn't give you a FINAL NOTICE or REMINDER
Regulation 23 or 33 of the Council Tax (Administration and Enforcement) Regulations 1992 says the council must send you a "Final Notice" or a "Reminder" before applying to a Magistrate for a Liability Order. If you have bailiffs at your current address and the Liability Order shows your previous address, then it is a "defective instrument" and all enforcement fails. If a bailiff refuses to show the Liability Order, then it is certain he knows it is defective. You can make a claim for damages and an order to stop enforcement, or make a Stage 1 Formal Complaint and ask for your money back.
The bailiff did not give you a NOTICE OF ENFORCEMENT
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 the bailiff must give debtors at least seven days' notice before taking control of goods. You have moved, and the bailiff traced you then enforcement fails, all fees are revoked and you can ask for your money back. It is the practice of some bailiff companies not to give notice because they stand to gain higher fees. Paragraph 7.3 says bailiffs must record the time he gave the notice to the debtor. You can make a bailiff pass a truth test, then use the result (or their refusal to take the test) as evidence the bailiff did not give notice. Section 7 of the Interpretation Act 1978 trumps anything put forward by a bailiff company. The debtor can recover the bailiff's fees taken.
The bailiff attended LESS THAN 11 CALENDAR DAYS from the date printed on the Notice
Regulation 6 of the Taking Control of Goods Regulations 2013 says the bailiff must wait not less than 7 clear days before taking control of goods. Part 6.26 of the Civil Procedure Rules says a document given by second class post is delivered on the second business day after posting. If the bailiff attends in haste, enforcement fails. The debtor can sue for the breach including the recovery of goods or money taken or claim their replacement cost.
The bailiff called about unpaid council tax by a FORMER OCCUPANT
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 bailiffs may only take control of goods that belong to the debtor. You are not liable for other people's debts. If a bailiff threatens or endangers you, call the police on 999 to report a disturbance. Keep the chain on the door and show ID only to the police.
You are a VULNERABLE PERSON
Paragraph 77 of the Taking Control of Goods National Standards defines the classes of vulnerable people and Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs cannot recover Enforcement Stage fees unless the bailiff gives the vulnerable debtor an opportunity to get advice. Otherwise, all Enforcement Stage fees revoked and the debtor can recover them. Bailiff companies like to use words "welfare department" but that is a red herring. They are not medically qualified to adjudicate vulnerability.
You claim an out-of-work benefit.
Unemployed debtors are a class of vulnerable people. The council should withdraw enforcement and apply to the Secretary of State asking to deduct sums from the debtor's benefits. Under Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014, it cancels the £235 Enforcement stage fees and all costs and charges because bailiffs cannot recover them from vulnerable debtors.
You need more time to pay the council tax arrears
On 6 April 2014, The government issued guidelines to councils saying they must protect debtors from "punitive repayment arrangements imposed by bailiffs". Guidelines published by the Ministry of Justice say bailiffs must not coerce debtors into making payments they cannot afford. Make a Stage 1 formal complaint and ask the council to withdraw enforcement and take back control of the arrears.
The bailiff removed an EXEMPT vehicle or goods
Regulation 4 of the Taking Control of Goods Regulations 2013 prescribes a list of goods that are exempt from enforcement. If a bailiff takes control of exempt goods, you can either apply for a claim to your exempt goods under Part 85.8 of the Civil Procedure Rules or make a claim for damages under sections 3- 4 of the Torts (Interference with Goods) Act 1977.
You want to ask the council to WRITE OFF your council tax arrears
Section 13a of the Local Government Finance Act 1992 gives councils the discretion to write off council tax arrears. You can plead your case to the council that the council tax arrears have no real prospect of ever being recovered, or their enforcement will damage your health. Ask your doctor to complete a MALG evidence form.
The council is enforcing council tax that is disputed
Section 6 of the Local Government Finance Act 1992 says you are liable for council tax for the accommodation you are living in unless you have applied for a qualifying rebate. If the accommodation is empty, the liability passes to the freeholder. Part III of the Council Tax (Administration and Enforcement) Regulations 1992 provides a list of further exemptions and Part IV provides a list of discounts.
The bailiff's fees look too high.
Regulation 5 of the Taking Control of Goods (Fees) Regulations 2014 provides a Compliance Stage fee of £75 and an Enforcement Stage fee of £235. A further fee of £110 applies when the bailiff removes goods. Under Regulation 3, the fees only apply when the bailiff uses the enforcement provisions. If he has not, then you can recover them by applying for a detailed assessment under Civil Procedure Rule 84.16.
The bailiff charged you £235 "Enforcement Stage fee" more than once
Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs can charge the £235 Enforcement Stage fee only once when recovering many debts against the same debts simultaneously. You can recover multiple £235 Enforcement Stage fees by applying for a detailed assessment.
The bailiff charged a £110 "Sale Stage Fee"
Regulation 5(c) of the Taking Control of Goods (Fees) Regulations 2014 says the sale stage fee of £110 only applies when the bailiff starts removing your goods. The fee does not apply when the bailiff says he has "called a truck". The sale stage fee only applies after the bailiff has taken control of your goods using one of the four methods prescribed in paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and started moving them to the place of sale.
The bailiff said he has a "warrant"
Bailiffs recover Council tax arrears under a power called a "Liability Order". It is not a "warrant". Bailiffs like to use police-like terminology to mislead debtors into thinking they have an arrest warrant or a warrant to break and enter.
The Council Tax liability is over SIX YEARS old
Section 9 of the Limitation Act 1980 sets a statutory limit to enforce money owed under a statute that accrued over six years ago without having the debtor acknowledge the debt. Councils believe the limitation does not apply to Liability Orders because it does not have an end date. The enforcement power under a Liability Order is indefinite, but the debt it carries is a nullity after six years under the Limitation Act 1980.
Bailiffs are pestering you about council tax you have ALREADY PAID
Bailiffs cannot take control of your goods after you have paid the council tax directly to the council. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says enforcement ceases when the amount outstanding has been paid. Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the "amount outstanding" is the amount of the debt which remains unpaid.
An official advice agency or debt charity recommended that I negotiate my debt directly with the bailiffs.
Official guidance from advice agencies and debt charities suggests negotiating directly with bailiffs, but this approach can be counterproductive. Bailiffs typically receive a flat fee of £90 for debt recovery, making their primary concern the debt itself rather than negotiating terms. Engaging directly with them often weakens your position, as their focus is on securing payment, sometimes through aggressive tactics. To safeguard your interests, address the debt with the relevant authority instead. While Controlled Goods Agreements are mentioned in official advice, bailiffs frequently choose to tow vehicles, swiftly completing their tasks. Seeking debt counselling may be useless if the debt is disputed or the enforcement process is non-compliant with regulations. Additionally, bailiff companies often operate under obscure addresses and names. Providing them with a financial statement can jeopardise your data security, as you lose control over handling your personal and financial information.
Money paid to bailiffs has GONE MISSING
Bailiffs have been taking regular money for council tax arrears, but some money taken has gone missing. Bailiff companies often mislead both debtors and authorities by claiming that the money collected is the "proceeds of enforcement," a term used to justify the division of funds between the bailiffs and the authority under Regulation 13 of the Taking Control of Goods (Fees) Regulations 2014. However, this interpretation is incorrect. Regulation 17 is applicable only when the bailiff sells controlled goods and the proceeds are insufficient to cover both the debt and the bailiff's fees. In such cases, this regulation permits the distribution of the proceeds on a "pro rata" basis between the bailiff and the authority. Importantly, debtors have the right to request a fee assessment hearing under Civil Procedure Rule 84.16 and Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014.
You live in SHARED ACCOMMODATION, a House of Multiple Occupancy (HMO)
Section 55 of the Housing Act 2004 says the landlord must have a "property licence" and is liable for the council tax. Occupants in a House of Multiple Occupancy do not pay council tax.
You recently moved and the bailiff is trying to trace you.
Bailiffs trace missing debtors by sending spam text messages or putting threatening notices at the address they link you to. This is an effort to get you to respond and confirm your name and address so they can start coming around. On 6 April 2014, the Ministry of Justice published guidelines called Taking Control of Goods National Standards, which states at paragraph 12: Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.
The bailiff does not have an ENFORCEMENT CERTIFICATE
Paragraph 63 of the Tribunals Courts and Enforcement Act 2007 states, that unless employed by the government, any person instructed to take control of goods must have a valid enforcement certificate. You can report the person to the police for committing an offence under section 63(6) of the Tribunals Courts and Enforcement Act 2007 states: A person is guilty of an offence if, he knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so.
The bailiff REFUSED to show his ID
Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says a bailiff must show evidence of his ID to the debtor or any person who appears to be in charge of the premises being attended. If the bailiff refuses to show it, then he is not "acting lawfully". Anyone throwing a bailiff not lawfully acting off a property is not guilty of "obstructing an enforcement agent" under Paragraph 68 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and the victim can sue for wrongful arrest.
Your vehicle has been wheel-clamped (immobilised)
If bailiffs have clamped your vehicle on a highway, they WILL remove it within two hours. You must act quickly and you may even have to deploy a "Pay and Reclaim". Record on video the condition of the vehicle and repeat this when the bailiff returns the car. You can sue for damage caused to it while the bailiff has control of it. If the bailiff clamped your car on private land where you don't live, such as a car park or a neighbour's allocated parking space, you can sue for damages and apply to the court to recover the vehicle.
A bailiff has towed your vehicle away.
Call TRACE on 0845 206 8602 and report the car stolen to the police. It doesn't matter if the police tell you the crime is a civil matter. You must report it to log the call onto the CAD (Computer Aided Dispatch) and get a crime of incident reference number. Tell the DVLA the car has been "taken without permission". That protects you from any traffic offences incurred by the vehicle. If your car is on hire-purchase, or leased then you can apply for an injunction to recover the car and make a claim for damages. If the car is exempt goods, you can make a claim to exempt goods. If you moved recently, then the warrant may have your previous address and is a "defective instrument". You can apply to the court for its return.
The bailiff sold your vehicle and did not give you a valuation.
Paragraph 36 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the bailiff must give the debtor a valuation before selling the goods. Valuations can be independent, or the bailiff can just manufacture it. You can refute a bailiff valuation by searching eBay's completed sold listings for the same model and condition of the vehicle sold online in the last 30 days.
The bailiff is enforcing a debt that is more than 12 months old.
Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the bailiff must give the debtor Notice of Enforcement. Regulation 9(1) of the Taking Control of Goods Regulations 2013 sets a limit of 12 months for the bailiff to take control of goods after giving the notice. After that, the enforcement power ceases to be exercisable.
The bailiff is recovering SOMEONE ELSE'S debt
Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says bailiffs may only take control of the goods of the debtor. If a bailiff took a money transfer from you under the pain of removing your goods to pay a debt owed by another, you can make a claim for that money. If the bailiff took your goods or vehicle for someone else's debt, then under Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, you can make a third-party claim or a claim and an injunction under sections 3-4 of the Torts (Interference with Goods) Act 1977.
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The Bailiff clamped SOMEONE ELSE'S vehicle
Enforcement fails. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the bailiff may only take control of the goods belonging to the debtor. You need not take any action. The owner of the vehicle can bring a third-party claim to controlled goods under Paragraph 60 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and recover damages under section 3 of the Torts (Interference with Goods) Act 1977.
The council fobbed you off with "contact the bailiffs".
Pay the council tax directly to the council online and give notice to the bailiff. Paragraph 6(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable when you have paid the "amount outstanding". Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 defines "amount outstanding" to be the amount of the debt which remains unpaid.
The bailiff ATTENDED before 6AM or after 9PM
Regulation 13 of The Taking Control of Goods Regulations 2013 states enforcement agents may not take control of goods of the debtor before 6 am. or after 9 pm. on any day. If your RING doorbell sees bailiff activity at your property outside these hours, call the police on 999. The police log the time of your call on the CAD and this is irrefutable evidence when bringing a claim for non-compliant enforcement. It is common practice for bailiffs to work at night under cover of darkness with ANPR vans and clamp vehicles before 6am, then write on a document they attended at 06.05 am.
The bailiff threatened you with a LOCKSMITH
Enforcement regulations do not provide for bailiffs to threaten debtors with a "locksmith" or break entry to homes. The word "locksmith" is bailiff terminology for a right to "enter by reasonable force". That only applies to the recovery of unpaid magistrates' court fines but it has proven not commercially viable for private bailiffs to be breaking and entering homes. Bailiffs can enter an unlocked door by turning the handle or the key in the lock. They cannot climb through an open window. They cannot unlock a door using a key found under the doormat or given by your landlord.
You paid the council tax directly to the council, and a bailiff is pestering about his fees.
Bailiffs cannot take control of your goods after you have paid the council tax directly to the council. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may take control of goods to recover the "amount outstanding". Bailiffs like to put forward a belief that it enables them to recover "fees" under the pain of removing your goods. The debtor can sue for breach of Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and recover damages and the recovery of any money taken.
The bailiff refused to explain his fees and charges
Bailiffs sometimes charge a fee to explain their fees and costs. Regulation 7(e)(iii)-(iv) of the Taking Control of Goods Regulations 2013 says the Notice of Enforcement must state: the amount of any enforcement costs incurred up to the date of notice; and the possible additional costs of enforcement if the sum outstanding should remain unpaid.
The bailiff charged you a "card fee"
The fee regulations say bailiffs can only recover the prescribed fees in the Schedule of the Taking Control of Goods (Fees) Regulations 2014 along with disbursements paid for taking and selling the debtor's goods. Bailiffs cannot charge a "card fee". You can reclaim it with a chargeback with your bank or credit card company. You must act as soon as the transaction has taken place.
The bailiff charged VAT on his fees
Check whether the bailiff is VAT registered. If he is not, then he commits VAT fraud. Bailiff companies are VAT registered, but a limited company cannot be an "enforcement agent" as prescribed in section 63 of the Tribunals, Courts and Enforcement Act 2007. The Taking Control of Goods (Fees) Regulations 2014 only applies to enforcement agents, not their limited companies. Therefore, bailiff companies cannot charge VAT to debtors. The bailiff is performing services for the creditor and there is no contractual or consumer relationship between bailiffs and debtors that attracts VAT.
The bailiff charged "storage fees" for keeping your vehicle
Regulation 8(2) of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs can only recover disbursements that have "are reasonably and actually incurred". This is a two-part test. Part 1. The bailiff must show a reason for the charge. Part 2. The bailiff must show the flow of money that he actually paid the storage charges claimed. If either test fails, you may apply for a detailed assessment under Civil Procedure Rule 84.16 and recover money taken as storage fees when you reclaimed your car at the vehicle pound.
The bailiff wrote on a document you paid VOLUNTARILY.
The bailiff is trying to prevent you from recovering the money on the grounds you paid by agreement. This happens when a bailiff forces you to pay somebody else's debt under the pain of removing your goods. When you bring a claim, you assert the bailiff wrote the comment on the receipt AFTER you paid. That revokes any agreement to pay someone else's debt.
The bailiff said he is a "High Court Enforcement Officer"
Section 63 of the Tribunals Courts and Enforcement Act 2007 prescribes an enforcement AGENT. Regulation 6 of the High Court Enforcement Officers Regulations 2004 prescribes a High Court Enforcement Officer. Bailiffs are not "officers" and cannot officiate. They like to put themselves out to be an officer.
The bailiff damaged your business reputation
If a bailiff told other people, you have a fine or a debt, you can sue for damages. You must be able to quantify the monetary loss paid and have anyone contacted by the bailiff to come to court as witnesses and make a sworn statement filed in evidence. Otherwise, proving a claim for reputation damage and quantifying your claim is difficult.
The Council charged you MORE THAN £3 for the Liability Order
Nicolson, R (on the application of) v Tottenham Magistrates & Anor [2015] EWHC 1252 ruled the council must "answer his [the debtor's] requests for the provision of information how the sum of £125 was arrived at". It is the practice of councils to charge over £100 for each liability order when applying for over several hundred of them together and benefit from the economies of scale. If the council is unable or unwilling to explain its disbursements for applying for your individual liability order, you have a right to reclaim them.
The controlled goods agreement is not compliant with regulations
Regulation 15 of the Taking Control of Goods Regulations 2013 prescribes the form and content of a controlled goods agreement. It is a regulated contract between a bailiff and a debtor. If the agreement is not compliant with Regulation 15, then it fails. Typical reasons a controlled goods agreement fails are the bailiff not identifying the goods listed, or their quantities are taken into control are estimates. Controlled Goods Agreements also fail when the goods listed are not the debtors.
You are getting nuisance text messages from a bailiff
Bailiff companies sometimes send text messages to mobile numbers who they think might be the debtor. They get the mobile number from the DVLA because you entered your mobile number on the V5 when you first applied for it. It is a method of tracing missing debtors and seeing if it provokes a response and gets your identity. Never respond to unsolicited or nuisance text messages. Even if the sender conceals their identity, you can hand it to the Information Commissioner Office with a complaint under Section 1 of the Protection from Harassment Act 1997 by completing an online form.
A bailiff left a document hanging out of your letterbox or communal doorway
It is bailiff's methodology to see whether a property is empty. When someone comes home and takes in the document, it tells the bailiff the property is not empty, or the debtor has returned home. Burglars and criminals employ this modus operandi checking whether a house is empty. It also finds out if the document provokes a reply as a method of tracing missing debtors. It can also be to attract a £235 Enforcement Stage fee.
You told the bailiff to leave your property, and he refused
If the bailiff has not taken control of goods and fails to show evidence of his right to enter the premises, he must leave with all due reasonable speed when the debtor or other person in charge of the property tells him to. Failure to comply gives rise to a claim for damages for breach of Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
A NOTICE was displayed telling the bailiff to leave the property
Unlike common debt collectors who have no enforcement powers, bailiffs acting with a warrant or writ of control may enter named premises on invitation. He can disregard the notice to leave if the debtor lives or trades from there. Paragraphs 24(2) and 31(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states that bailiffs must not use force against people. Bailiffs recovering council tax, traffic debts and high court writs cannot break and enter or use violence. Bailiffs may only enter peacefully. A council tax liability order does not confer a power to enter property. It only allows bailiffs to take control of the debtor's goods.
The bailiff jammed his BOOT into your DOOR
Regulation 20 of the Taking Control of Goods Regulations 2013 says bailiffs may enter a property by "usual means". A bailiff jamming his boot into a door is a use of force against a person in breach of Paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The debtor can sue for the breach under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
The bailiff filmed you with a BODYCAM or a GoPro camera
You can stop the recordings being broadcast. Section 47 of the Data Protection Act 2018 states you can give a notice to the data controller of the film company or the TV station to stop "processing your data" and erase it. The Act classes video recordings of you and your property as "personal data". If the data controller fails to respond in writing confirming they have stopped processing your data, you can ask the Information Commissioner to assess the breach and issue a fine. You can sue the TV station for the breach of Section 10 of the Act for a "sum decided by the court".
The bailiff turned up with a TV film crew
You can stop the footage being broadcast. Section 10 of the Data Protection Act 1998 states you can give a notice to the data controller of the film company or the TV station to stop "processing your data". The Act classes video footage of you and your property as "personal data". If the data controller fails to respond in writing confirming they have stopped processing your data, you can ask the Information Commissioner to assess the breach and issue a fine. You can sue the TV company or TV station in a county court for breach of Section 10 of the Act for a "sum decided by the court".
You are being blackmailed. Deploy "Pay & Reclaim"
If the bailiff is demanding money he knows you do not owe, he commits an offence under section 21 of the Theft Act 1968 and section 2-4 of the Fraud Act 2006. The police will say the crime is a civil matter. You may have to deploy "Pay & Reclaim". That means conceding to the demand and reclaiming it again through the courts. If bailiffs remove your car and you get back control of it damaged, the enforcement case becomes toxic for the bailiff because he pays the cost of defending your claim regardless if your claim is successful. He might as well pay. He cannot make a profit after you deploy a Pay & Reclaim. It becomes commercially toxic for the bailiff company.
The bailiff looked like the Police
Section 90 of the Police Act 1998 makes it an offence for anyone wearing attire with police-like markings or equipment with intent to deceive or impersonate a police officer. If you capture on video a bailiff wearing or using police-like equipment, you can report him to the police.
The bailiff called the Police
You can get the call details from the police CAD (Computer Aided Dispatch) by calling the police contact centre on 101. That will confirm whether the bailiff actually called the police, and what the bailiff said to the call-handling agent over the telephone. This information is exempt under Schedule 1 of the Data Protection Act 2018. It is a bailiff's tactic to scare you into thinking the police will be coming.
The bailiff committed a crime against you in the presence of police
Section 26(5) of the Criminal Justice and Courts Act 2015 makes it an offence when a constable fails to arrest a suspect committing a crime. Police forces have an institutional policy that says bailiff crime is a civil matter. If a police officer witnesses a bailiff committing an offence, the law says he must place the suspect under arrest. If the officer fails, then under section 1 of the Magistrates' Courts Act 1980, you have a right to lay the information and the evidence before a Justice of the Peace sitting at a Magistrates' Court for the question of reporting the suspect for the offence. Court staff might frustrate you filing your complaint so you may need a solicitor to do this for you.
The police arrested you or threatened to arrest you.
Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007 says a person commits an offence if he obstructs a bailiff lawfully acting in the execution of duty. If the police charge you with this offence, and the enforcement agent was not lawfully acting, then you are not guilty of the offence. If the police charge you with "interfering with controlled goods" and the bailiff did not lawfully take control of them, then you are not guilty of the offence. You must get legal representation straight away. You get all your costs paid. If a constable threatens you with arrest for a charge for which you are not guilty, then you can make a complaint against the police officer to the police Professional Standards department for abuse of police privilege. If police arrest you and release you without charge, you can sue for false arrest and unlawful imprisonment. You need expert help to bring this claim against the police force.
A bailiff injured or assaulted you.
Seek medical attention immediately. Time is critical at this stage because you can bring a Personal Injury Claim. Medical evidence is crucial in bringing a claim. The claim can be against the creditor, the bailiff or the bailiff company, or all three of them together. The bailiff company will have liability insurance to pay your claim and compensation. You can make a complaint to the police for offences of common assault or Actual Bodily Harm (ABH), depending on the severity of your injuries. Police might tell you the crime is a civil matter or frustrate your efforts to have police arrest the suspect.
The bailiff damaged your property or vehicle
Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must take reasonable care of controlled goods after removing them. If the bailiff returns your vehicle damaged, you can make a claim for their repairs or the replacement cost. You must have irrefutable evidence the bailiff caused the damage. Make a video of the bailiff when he comes into contact with your goods or your car. If your video shows your goods are undamaged when the bailiff took control of them, the bailiff has no defence.
You want to make a formal complaint about the bailiff
Bailiffs encourage complaints to their own company. It will get nowhere. They will fob you off with excuses getting you into an endless volley of letter-writing until you give up your complaint. There is an official channel to complain about a bailiff but limited to questioning the bailiff's fitness to hold a certificate. Unless you can show the bailiff is unfit to hold a certificate, for example, he has undeclared convictions, sex offences, commits fraud or lacks proficient knowledge of enforcement regulations. It is best to make a claim against the council for a breach of the enforcement provisions and their underlying regulations, and they can recover their losses from the bailiff or his firm in their own time.
You want to prosecute the bailiff
Anyone can bring a prosecution, but you must gather your evidence, prepare a witness statement then give the police an opportunity to investigate the crime and question the suspect. When the police tell you it's a civil matter, or choose not to pass the case to the Crown Prosecution Service, then under section 1 of the Magistrates' Courts Act 1980, you have a right to lay the information and evidence before a Justice of the Peace sitting in a Magistrates' Court. The magistrate has the power to order the Crown to prosecute the case and issue a warrant to the police to bring the suspect into court to enter a plea.
You would like to speak to the MEDIA about your bailiff experience
If you want to raise public awareness about your case using the media, you must make your story newsworthy and in the public interest. Only approach the media when your legal proceedings are finished, otherwise, your claim will be compromised.
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