Fact Sheet - Bailiffs and Traffic Contravention Debts (PCN's)
The bailiff attended or CLAMPED or REMOVED your vehicle out of the blue
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a Notice of Enforcement before taking control of goods. When bailiffs turn up unexpectedly, then they know the Warrant of Control has your previous address on it. That makes it a "defective instrument" and under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and sections 3-4 of the Torts (Interference with Goods) Act 1977, the debtor can sue. If you recently bought the vehicle, then the debtor's name on the Warrant of Control might be the previous keeper. Under Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, you make a third-party claim, or if the bailiff clamped or removed your vehicle over 7 days ago, then apply for an injunction under section 4 of the Torts Act 1977. If the bailiff refuses to show you the Warrant of Control, then that is evidence he knows he is acting under a defective instrument to gain pecuniary advantage contrary to sections 2-4 of the Fraud Act 2006.
The bailiff's FEES are too high
Regulation 5 of the Taking Control of Goods (Fees) Regulations 2014 sets a Compliance Stage fee of £75 when the bailiff gives you the Notice of Enforcement. Regulation 5(1)(b) sets an Enforcement Stage fee of £235 when the bailiff attends and Regulation 5(1)(c) sets £110 when the bailiff starts removing controlled goods. Bailiffs charge "storage fees" sometimes as high as £48 a day to store a car. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 provides for disputing high bailiff charges. Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 states that bailiffs disbursements must be "reasonably and actually incurred". This is a two-part test. The first part is "actually". Bailiffs must show evidence of the flow of money he has paid for the storage fees claimed from you. The second part is "reasonably". Bailiffs must show a reason for paying high storage fees for a car when commercial vehicle storage services offer indoor vehicle storage for under £12 a day. If the bailiff fails either test, then under Civil Procedure Rule 84.16, you can reclaim the money taken by applying for a detailed assessment.
I want to challenge the original traffic contravention but I missed the deadline.
Paragraph 5.2 of Practice Direction 75 of the Civil Procedure Rules provides for you (the "respondent") to apply to the court to revoke the contravention penalty. If the traffic contravention is a moving traffic offence, the respondent may file a sworn-in form PE3 (Statutory Declaration - unpaid penalty charge) together with a sworn-in form PE2 (Application to File a Statutory Declaration Out of Time). If the traffic contravention is a non-moving traffic offence or an unpaid crossing charge, the respondent may file a completed form TE9 (Witness statement-unpaid penalty charge) together with a form TE7 (Application to file a statement out of time/extension of time). First, check whether your address on the warrant of control is correct. Gather the PCN numbers. PCN numbers always start with two letters followed by 8 numbers. Telephone the Traffic Enforcement Centre (TEC) on 0200 1213 1059 and give your PCN number first. They will ask you to pass a "security check" by saying your postcode. Quote the postcode that is on your V5 document (not your current postcode). If the TEC accepts your previous postcode, the warrant of control is a defective instrument because it does not show your correct address and shows the bailiff took the law into his own hands and traced you. This is in breach of Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014, which states: 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 council is in also breach of Civil Procedure Rule 75.7(7) which states, Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request specifying the new address of the respondent. The respondent can sue for damages for enforcement under the defective instrument by bringing a claim under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Sections 3-4 of the Torts (Interference with Goods) Act 1977.
Bailiffs left a red-letter demand at my previous address.
When a bailiff leaves a red letter, they want to know your address. It's wise not to respond, as unpaid traffic debts may become unenforceable after 12 months. Though official advice suggests submitting forms PE9 or PE2 to the Traffic Enforcement Centre (TEC), this is to get your new address so bailiffs can come around. The TEC will likely reject your application, citing your failure to update your V5 address with the DVLA. Considering the existing Warrant of Control is "defective" due to the outdated address, it's best to take no further action. If you give the TEC your new address, they will re-issue a fresh warrant with your correct address, allowing bailiffs to turn up in ambush. Bailiffs may threaten to track your vehicle using an ANPR camera. However, should bailiffs get your new address, you could have grounds to pursue legal action for enforcement without a proper Notice of Enforcement (NOE), as required by paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
You filed a Form TE9 or PE2 with the Traffic Enforcement Centre (The TEC) but the bailiff clamped your car or took money from you
Under Paragraph 8.1 of Practice Direction 75 of the Civil Procedure Rules states when you, the "respondent", applies to the court (The TEC) to suspend enforcement (by filing a PE2 or TE7 to tec@justice.gov.uk). Paragraph 6(3)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power under the Warrant of Control ceases to have effect. When a bailiff clamps a car after you filed the PE2/TE7 at the TEC and before the TEC has determined your application, the bailiff breaches Paragraph 6(3)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The debtor can recover damages and apply for an order to make the bailiff return the car under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Sections 3-4 of the Torts (Interference with Goods) Act 1977. A form TE7 is called an Out of time witness statement. A form TE9 is called an Out of time witness statement. A form PE3 is a Statutory declaration and a form PE2 is an Out of time statutory declaration. If you file a PE2/TE7 at the TEC and you hear nothing more, or court staff mishandled your filing, then under Paragraph 6(3)(b), enforcement power remains suspended indefinitely and the Warrant of Control a defective instrument.
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 £75 Compliance stage fee of each enforcement power against the same debtor being recovered simultaneously. But Regulation 11(4) states the bailiff may recover the £235 Enforcement Stage fee once, regardless of the number of enforcement powers being exercised against the same debtor simultaneously. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says you can apply to the court to reclaim excess fees the bailiff has demanded or taken.
The bailiff charged you a £110 "Sale Stage Fee"
Regulation 5(1)(c) of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may recover a sale stage fee of £110 when he starts removing controlled goods. To take control of goods, the bailiff must comply with one of the four prescribed methods at Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Bailiffs cannot recover a Sale Stage fee because he tells you he has "called a tow truck".
The bailiff is enforcing someone else's debt
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of goods that belong to the debtor. If the bailiff is executing a warrant with someone else's name on it, then you, the owner of the goods (vehicle) can make a third-party claim to controlled goods under Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. If the bailiff took control of your vehicle more than 7 days ago, then you can make a claim for damages and apply for an order to recover the goods under sections 3-4 of the Torts (Interference with Goods) Act 1977.
The bailiff did not give you a Notice of Enforcement
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give you a Notice of Enforcement at least seven clear days before taking control of goods. If bailiffs ambush you without giving you a Notice of Enforcement, then the bailiff company must be DCBL (Direct Collection Bailiffs Limited). Their practice is not giving debtors the Notice of Enforcement before attending to gain pecuniary advantage. If the Warrant of Control shows a different enforcement address from the address the bailiff attended, then the warrant is a "defective instrument". You can bring a claim under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The wrong address printed on the Warrant of Control is evidence the bailiff did not give you a Notice of Enforcement under the test provided by Section 7 of the Interpretation Act 1978. If the bailiff refuses to show you the Warrant of Control, then he knows he is acting under a Warrant of Control that is a defective instrument.
The bailiff attended LESS THAN 12 CALENDAR DAYS from the date printed on the Notice of Enforcement.
Regulation 6 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff must give the debtor notice not less than 7 days before taking control of goods. Part 6.26 of the Civil Procedure Rules says a document is deemed served by ordinary post on the second business day after posting it. If the Warrant of Control shows a different address for enforcement than the debtor's service address, (a "defective instrument"), then the bailiff did not give a Notice of Enforcement under the test provided by Section 7 of the Interpretation Act 1978. It states a document given by ordinary post is deemed served unless contrary evidence is proved. The wrong address on the Warrant of Control is that contrary evidence.
An official debt advice service or charity recommended that I negotiate my debt directly with the bailiffs.
Official advice agencies and debt charities often suggest negotiating directly with bailiffs, which can be harmful. Bailiffs receive a fixed fee of £90 for debt recovery, so their focus is solely on collecting the debt, sometimes using aggressive tactics. For better protection, try to address the debt through the creditor authority. While Controlled Goods Agreements are mentioned, bailiffs frequently choose to tow vehicles, resolving their tasks quickly. Debt counselling may be ineffective if the debt is disputed or enforcement is not compliant with regulations. Furthermore, bailiff companies often use proxy PO Box addresses and names; for example, "marston recovery" is a pseudonym for Marston (Holdings) Limited, operating from its secret location at Cambridge House, Cambridge Road in Harlow. Sharing a financial statement with them risks your data security, as you lose control over how your personal and financial information is handled.
The bailiff is pestering you for his FEES
Paragraph 6(3)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says when the debtor pays the "Amount Outstanding", the enforcement power ceases to be exercisable. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defines the "Amount Outstanding" to be the debt owing and any amount recoverable from "proceeds". Proceeds are money from the sale of the debtor's goods. If the bailiff did not exercise any of the prescribed enforcement procedures under Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, then the bailiff has not taken control of goods and there are no proceeds from their sale. This leaves the amount outstanding to be the debt. Nothing in enforcement regulations provides for bailiffs to take control of goods to recover fees after the enforcement power has ceased to be exercisable. If the bailiff takes money under the pain of removing goods, then under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014, you can make a claim for that money together with your costs.
You recently MOVED
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor notice before taking control of goods. If your address on the Warrant of Control is your previous address, then it is a "defective instrument". Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can reclaim goods or money taken under the defective instrument. Motoring advice forums advise making a late statutory declaration or witness statement, but this is unnecessary because the Warrant of Control is a defective instrument. Paragraph 66(6)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the council (creditor) is liable for enforcement under a defective instrument. Under Civil Procedure Rule 75.7(7), the council is responsible for applying for a new Warrant of Control when the "respondent's" address has changed.
You are a VULNERABLE PERSON
Paragraph 77 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 provides the classes of vulnerable debtors. These include unemployed people, seriously ill, recently bereaved, single parents and disabled people. Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may not recover Enforcement Stage fees and charges from vulnerable debtors unless they give them an adequate opportunity to get advice before taking control of goods. If the bailiff removed your vehicle without giving you that opportunity, then you can ask for the return of the controlled vehicle. Regulations do not require the goods to be returned but you may recover the Enforcement Stage fees and all storage charges taken from you. Bailiff companies sometimes say they have a "welfare department", but that is a red herring. They are not medically qualified to adjudicate the debtor's vulnerability.
The bailiff has clamped your vehicle
Paragraph 13(1)(a)-(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 provides for bailiffs to clamp (immobilise) the debtor's vehicle. You must video-record the condition of your immobilised vehicle. Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs are liable for the care of goods removed. Your address on the warrant might not be current, making the warrant a "defective instrument". If your vehicle is on hire-purchase or lease then under Section 3-4 of the Torts (Interference with Goods) Act 1977 you can apply for an injunction and recover damages. If the clamped vehicle is on private land not where you live or trade then the enforcement is in breach of Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. If the clamped vehicle is on a highway, then Regulation 18(5) of the Taking Control of Goods Regulations 2013 says the bailiff must leave the vehicle there for at least two hours before removing it.
The traffic debt is over 12 months old
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a Notice of Enforcement before taking control of goods. Regulation 9 of the Taking Control of Goods Regulations 2013 sets a time limit of 12 months for the bailiff to take control of goods and Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable. Under section 9 of the Limitation Act 1980, the traffic debt itself becomes a nullity after 6 years.
The council fobbed you off with "contact the bailiffs"
Paragraph 6(3)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement ceases to be exercisable when the amount outstanding is paid. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defines the "amount outstanding" to be the debt on the Warrant of Control. When you pay the debt directly to the council online, Paragraph 59 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff is not liable if he takes an enforcement step unless you have given the bailiff notice telling him you have paid the amount outstanding directly to the council. You must email the bailiff company telling them you have paid the amount outstanding directly to the creditor. Copy yourself in the email and make a screenshot of the copied email to record the date you gave the notice to the bailiff. This is sometimes called a "paragraph 59 notice".
A bailiff left a DOCUMENT hanging out of your letterbox or communal doorway
Criminals stake out empty properties by marking them with a document hanging out of the letterbox. When someone comes home and takes in the document, the criminal sees the occupant has come home. Bailiffs leave a document hanging out of the letterbox to see whether the debtor has come home, or if anyone telephones the mobile number the bailiff has written on the document. Bailiffs use this as a means of debtor tracing by putting red-print notices at addresses they think they link the debtor to and see if the debtor contacts them.
The bailiff removed an exempt vehicle or exempt goods
Regulation 4 of the Taking Control of Goods Regulations 2013 prescribes a list of exempt goods. Paragraph 11(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs cannot take control of exempt goods. The enforcement provisions and underlying regulations are silent about making a claim to exempt goods. Civil Procedure Rule 85.8 says a debtor can make a claim to exempt goods within 7 days of the bailiff taking control of them. If the bailiff took control of the exempt goods more than 7 days ago, then under Sections 3-4 of the Torts (Interference with Goods) Act 1977, the debtor can claim for the breach of Paragraph 11(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The debtor can also recover damages and costs.
The bailiff turned up with a TV film crew
Section 47 of the Data Protection Act 2018 says you can tell the "data controller" of the production company to erase your data if you believe they might use the recordings in a broadcast entertainment TV show. If you appear in an entertainment TV show without your permission, you can sue the broadcaster and recover a "sum to be decided by the court". Between 2018 and 2021, Channel 5 paid out £50,000, £60,000 and £100,000 damages plus costs to unwilling participants for broadcasting the show, Can't Pay? We'll Take It Away!.
The bailiff sold your vehicle without giving you a valuation
Paragraph 36 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must give the debtor a valuation of the vehicle. Regulation 35(1) of the Taking Control of Goods Regulations 2013 says the bailiff can just manufacture a valuation. This motivates bailiffs to overvalue goods when they take control of exempt vehicles, and undervalue them when declaring proceeds of sale. You can get an irrefutable valuation of your vehicle by searching eBay completed listings for vehicles on like for like that have sold in the last 30 days and make an average. If the bailiff breached the enforcement provisions, you can use your valuation to assess the replacement cost of the vehicle to be recovered from the creditor.
The bailiff refused to show evidence of his identity
Paragraph 26(1)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show evidence of his identity on demand by the debtor or anyone in charge of the premises being attended. A bailiffs ID is an enforcement certificate that bears his name, a mugshot and a court seal. A judge signs the enforcement certificate in wet ink. It is the practice of some bailiffs to flash a fake police-like warrant card with a police-like badge before snapping it away back into his pocket like American TV shows. This commits an offence under section 90 of the Police Act 1996. Other bailiffs show homemade ID cards. Bailiffs not lawfully acting can be thrown off-premises or removed to the curtilage of the property until the bailiffs' true identity has been established. You are not guilty of an offence under Paragraph 68 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
The bailiff refused to show you the Warrant of Control
Paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must show evidence of their authority to enter premises. A Warrant of Control showing the enforcement address confers the authority to enter. If the bailiff refuses to show you his authority, then he is in breach of Paragraph 26(1)(b) and is not "lawfully acting". When bailiffs refuse to show the Warrant of Control, they know the Warrant of Control does not show your correct address, and also knows he is acting under a "defective instrument". Under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the debtor can sue for the breach.
The bailiff does not have a valid enforcement certificate
Section 63(6) of the Tribunals, Courts and Enforcement Act 2007 says anyone is guilty of an offence if, knowingly or recklessly purports to act as an enforcement agent without being authorised to do so. You can report the crime to the police. Section 26(6) of the Criminal Justice and Courts Act 2015 makes it an offence for a police officer to fail to arrest the suspect.
The bailiff towed your vehicle away.
Call TRACE on 0845 206 8602 and report the car stolen. It doesn't matter if the police tell you the crime is a civil matter. You must report it to log the time of the call onto the CAD (Computer Aided Dispatch). Tell the DVLA the car has been "taken without permission". That protects you from any traffic offences liability. The enforcement is in breach of Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 if your vehicle is on hire-purchase leased or rented or bought by someone using their own money.
The bailiff is enforcing two or more warrants against the same debtor simultaneously.
Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may only recover the Enforcement stage fee £235 only once regardless of the number of warrants he is recovering simultaneously. Bailiffs companies sometimes separate warrants against the same debtor to multiply the £235 Enforcement Stage fee against the same debtor. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 provides for you to reclaim multiple £235 Enforcement Stage fees taken from you.
The Bailiff clamped (immobilised) someone else's vehicle
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of goods belonging to the debtor named on the Warrant of Control. Under Sections 3-4 of the Torts (Interference with Goods) Act 1977 the owner of the vehicle can apply to the court for the return of the vehicle together with a claim for damages.
The bailiff clamped MORE THAN ONE vehicle
Paragraph 12(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says bailiffs may not take control of goods whose aggregate value exceeds the "amount outstanding", and an amount regarding future costs. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defined the "amount outstanding" to be the debt and any costs. The legislation is silent on allowing bailiffs to recover "fees". Regulation 5 of the Taking Control of Goods (Fees) Regulations 2014 prescribes fees separately from costs.
The bailiff clamped a vehicle before 6am or after 9pm
If your RING video doorbell shows bailiff clamping vehicles before 6 am, then the enforcement is in breach of Regulation 13 of the Taking Control of Goods Regulations 2013, which states bailiffs may not take control of goods of the debtor before 6 am or after 9 pm on any day. It doesn't matter if the bailiff writes "06:05" on a document.
The bailiff took your vehicle from a private car park or a neighbour's allocated numbered parking bay
Paragraph 9 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may remove the debtor's goods on a highway. Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may take control of goods where the debtor carries on a trade or business or where they live. These are called "relevant premises". Your neighbour's driveway or any private car park is not prescribed "relevant premises". Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says a bailiff may apply to the court to take control of the debtor's goods on "specified premises". Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says debtors may apply to the court for an order making the bailiff return the goods to the debtor and recover damages for the breach.
The bailiff threatened you with a LOCKSMITH
Paragraph 18(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, says bailiffs may not enter premises by force if the debt being recovered is a traffic contravention debt. Bailiffs can walk through an unlocked door, but not if the bailiff finds the key under a mat or given by the landlord to unlock the door. Miller v Curry [1893] Regulation 20 of the Taking Control of Goods Regulations 2013 says bailiffs may enter by "usual means". A bailiff climbing through an open window is not usual means of entering a property. Bailiffs cannot insert their hand through a letterbox to turn a key or draw a bar to open the door from the inside. Ryan v Shilcock [1851] 7 Exch 72
The bailiff refused to explain his fees and charges.
Regulation 7(e)(iv) of the Taking Control of Goods Regulations 2013 says the Notice of Enforcement must state the possible additional costs of enforcement if the sum outstanding should remain unpaid. Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states the bailiff may not take control of goods until he has given the debtor a Notice of Enforcement. If the bailiff does not comply with Paragraph 7.1 then under Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014, the bailiff may not recover any fees from the debtor.
The bailiff charged you a "card fee"
The Schedule of the Taking Control of Goods (Fees) Regulations 2014 prescribes the fees bailiffs may recover from the debtor. The Schedule does not prescribe card fees. You can reclaim all money taken in the transaction by making a chargeback with your card provider or bank.
The bailiff charged VAT on his fees
The Schedule to the Taking Control of Goods (Fees) Regulations 2014 prescribes the fees bailiffs, (here called "enforcement agents"), may recover from the debtor. Make an online search to get the bailiff's VAT number. If the bailiff is not VAT registered, then he may not recover VAT. Section 63 of the Tribunals, Courts and Enforcement Act 2007 prescribes a bailiff, called an "enforcement agent", to be an "individual" (a person) acting with a valid enforcement certificate. Bailiff companies are limited companies, they cannot be an "enforcement agent" under Section 63. Therefore, debtors are not liable for a bailiff company's VAT as input tax and they cannot recover their input tax from debtors using the Schedule 12 enforcement Provisions.
The bailiff charged "storage fees" for storing your vehicle
Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 provides for bailiffs to recover "disbursements" from the debtor. A disbursement is the payment of money. Regulation 8(2) further provides that the bailiff's disbursements must be "reasonably and actually incurred". This provides two conditions the bailiff must meet. The first condition is "reasonably" and the second condition is "actually" incurred. Under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014, the debtor can apply to the court to dispute the disbursements the bailiff has paid for storing your vehicle. The bailiff must show a reason for paying the disbursement for storing your vehicle. He must also show he actually paid that disbursement. The bailiff must show evidence of the flow of money he paid to the vehicle storage pound for storing your vehicle. If the storage fees are more than £9 a day, the cost of professional vehicle storage in central London, then the debtor may recover the excess money taken together with his costs.
The bailiff wrote on a document you paid VOLUNTARILY
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may only take control of goods that belong to the debtor. When bailiffs know they are taking a money transfer from someone other than the debtor, the bailiff will write on a document that the person gave the money voluntarily, even when the bailiff knows he took the money under the pain of removing someone else's goods. A third party can reclaim money taken because the bailiff knew he took that money from the third party under the pain of removing their goods. The third party can make a chargeback with their bank by showing they are not the debtor named on the bailiffs Warrant of Control. The bank requires bailiffs to show the cardholder's name is on the Warrant of Control, otherwise, the bank will return the money to the cardholder's account. After the enforcement has ceased to be Exercisable under Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the enforcement power under that Warrant of Control can never be revived.
You paid the PCN directly to the council, but the council said they gave the money to a bailiff company
Paragraph (6)(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the Warrant of Control (enforcement power) ceases to be exercisable when the debtor has paid the "amount outstanding". Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 prescribes the "amount outstanding" to be the debt owing under the Warrant of Control together with any costs paid from proceeds of enforcement. Section 62(1) of the Tribunals, Courts and Enforcement Act 2007 defines "enforcement" to be taking control of goods and selling them to recover a sum of money. If bailiffs have not taken control of goods, then there are no proceeds from their sale. Under Paragraph 50(3), it leaves the debt, which the debtor has paid directly to the council. Councils are under the belief that giving public money to a private enforcement company revives the enforcement power. It does not. Paragraph 31 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 states Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable. Bailiffs complain to councils and their trade association CIVEA that debtors bypass bailiffs by paying debts directly to the creditor causing the bailiff to lose his commission.
The bailiff said he is a "High Court Enforcement Officer"
Section 63 of the Tribunals, Courts and Enforcement Act 2007 prescribes an "Enforcement Agent" to be an individual acting with a valid enforcement certificate. Regulations 4-6 of the High Court Enforcement Officers Regulations 2004 prescribes the required conditions an "individual" must meet for that individual to act as an "enforcement officer". Bailiffs (Agents) like to put themselves out to be an officer because identifying themselves as an "officer" is more police-like.
The bailiff called the Police
Call the police on 101 and get the call details from the police CAD (Computer Aided Dispatch). That will give you the information the bailiff told the police and how they responded. This information is exempt under Paragraph 2 of Schedule 2 of the Data Protection Act 2018. The bailiff sometimes pretends to call the police on their mobile phone to scare you.
The bailiff has blackmailed you. Deploy "Pay & Reclaim"
Under section 2 of the Fraud Act 2006, a person commits an offence if he makes a false representation to make a gain for himself or another or cause loss to another. If bailiffs have taken your vehicle and are demanding excessive charges to get it back, you may have to deploy "Pay & Reclaim". Then apply to the court to recover the money taken. You must be certain the bailiff is not acting lawfully, or the enforcement is in breach of the provisions in Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 or its underlying regulations. Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs are responsible for the care of controlled goods after removing them. If your vehicle is damaged, then Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 or Sections 3 of the Torts (Interference with Goods) Act 1977, provides for the owner to recover the cost of the repairs or the replacement cost of the vehicle.
You told the bailiff to leave your property, and he refused
Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states bailiffs must show on demand of the debtor or person in charge of the premises, evidence of his identity and his authority to act. If the bailiff refuses to comply, then he is no longer "lawfully acting" and the bailiff must leave with "all due reasonable speed" Morris v Beardmore [1980] 71 Cr App 256. Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states bailiff may enter the premises where the debtor lives or carries on a business. If the address the bailiff is attending is neither of these, and the occupant shows the bailiff a document showing that the address someone else occupies the property and the bailiff refuses to leave, the bailiff is liable to pay the occupant the sum of £10,000, Neil Tunstall v DCBL and Hussain.
You displayed a notice telling the bailiff to leave the property
Bailiffs can ignore the notice provided that the address being attended is the address on the Warrant of Control. Otherwise, the bailiff is under a duty to leave with all due reasonable speed Morris v Beardmore [1980] 71 Cr App 256. Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 requires bailiffs to show the debtor evidence of his authority to act. The Warrant of Control is the authority to take control of the debtor's goods. Paragraph 18(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states bailiffs may not enter property using force when he is recovering a traffic contravention debt.
Bailiffs are sending nuisance text messages which are distressing you.
Section 127 of the Communications Act 2003 creates an offence of sending an electronic message that is grossly offensive or of an indecent, obscene or menacing character. Section 1 of the Malicious Communications Act 1988 creates an offence of sending a message that contains a threat. Police consider these crimes to be a civil matter, so set your phone to block and report the sender. If the sender hides his number, then report the offence online to the Information Commissioner's Office with a complaint under Section 1 of the Protection from Harassment Act 1997.
The Bailiff's controlled goods agreement is not compliant with the regulations
Paragraph 13(1)(d) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 provides for bailiffs to set up a controlled goods agreement with the debtor. Regulation 15 of the Taking Control of Goods Regulations 2013 prescribes what the controlled agreement must contain. If the bailiff's controlled agreement is not compliant with Regulation 15, or the listed goods do not belong to the debtor, then the controlled goods agreement is not valid.
The bailiff jammed his BOOT into your DOOR stopping you closing it
Paragraph 18(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may not use force to enter property when they are recovering a traffic contravention debt. Paragraph 24 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may not use force against people. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 provides for debtors to recover damages for the breach and ask for a "sum to be decided by the court".
The bailiff recorded you with a body worn camera
Regulations are silent on bailiffs being required to wear a body worn camera which must be recording from the time he approaches the property until he leaves the property and enters his vehicle. If you see a bailiff wearing a body camera and he breaches any of the enforcement regulations, then take his photographs showing his body worn camera. Under Rule 6 of the Pre-action Conduct and Protocols, you can ask for the body camera recordings. If the bailiff has deleted the recordings, then you can make a witness statement and the court can decide whether the production of the recordings would have proven your claim (or defeated their defence). Bailiff companies are under the belief that debtors must request body camera recordings under Section 45 of the Data Protection Act 2018 (a "DSAR"). That advice is incorrect and bailiff companies will mess you about with legal minutae. Rule 6 of the Pre-action Conduct and Protocols requires bailiffs (respondent) to comply with a Rule 6 request within 14 days or show reason the bailiff should not disclose the body worn camera recordings.
The bailiff damaged your business reputation
Section 1 of the Defamation Act 2013 says a statement is defamatory if it is likely to cause serious harm to the reputation of the claimant. If the claimant is a company, then "serious harm" means a "serious financial loss".
The bailiff looked like the Police
Section 90 of the Police Act 1996 creates an offence when any person impersonates a police officer or wears an article of police equipment, uniform, body armour, or radio loops with intent to mislead. If you capture a bailiff on video wearing a police-like uniform or flashing a police-like warrant card or badge at you, then you can report him to the police.
The bailiff snatched car keys, a mobile phone or other article out of your hand, or from your vehicle
Regulation 10 of the Taking Control of Goods Regulations 2013 says bailiffs may not take control of the goods of the debtor that are being used by someone which may result in a breach of the peace. Snatching an item from someone's hand may also be in breach of Paragraph 31 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, which states bailiffs cannot use force against people, and section 39 of the Criminal Justice Act 1988 which makes common assault a summary offence.
The bailiff committed a crime against you in the presence of a police officer.
Section 26(6) of the Criminal Justice and Courts Act 2015 says a constable is guilty of an offence when he fails to arrest the suspect committing a crime to achieve a benefit or detriment for another.
The police arrested you or threatened to arrest you
Section 26(2) of the Criminal Justice and Courts Act 2015 says a constable is guilty of an offence when he exercises the powers and privileges of a constable improperly and knows or ought to know that the exercise is improper. Paragraph 68 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says a person is guilty of an offence if he "intentionally obstructs a person lawfully acting as an enforcement agent.". The arrested person is not guilty of the offence if there was no intention to obstruct an enforcement agent, or if the enforcement agent was not "lawfully acting" because he acted in breach of the Schedule 12 enforcement provisions or underlying regulations. The arrested person can sue for wrongful arrest and unlawful imprisonment.
A bailiff assaulted you
You must get medical attention immediately. Time is critical because you can bring a Personal Injury Claim and supporting medical evidence is crucial. Under section 47 of the Offences against the Person Act 1861, you can report the assault to the police. Police might tell you the offence is a civil matter or take steps to frustrate you from placing your complaint before the court.
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 goods that they remove. Regulation 34 of the Taking Control of Goods Regulations 2013 says bailiffs must keep the vehicle in a similar condition to that in which he "took control" of it. Regulation 18(5) of the Taking Control of Goods Regulations 2013 states that when a bailiff clamps your vehicle on a highway, he must leave it clamped for at least two hours before removing it. Paragraph 13(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may "take control of goods" by clamping them. The bailiff is liable for the vehicle from the time he clamps it until he returns it. If the bailiff returns your vehicle damaged, then under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 or Sections 3 of the Torts (Interference with Goods) Act 1977, you can claim damage to controlled goods. You must make a video of the clamped vehicle to record its condition before the bailiff removes it.
You want to make a formal complaint about the bailiff
Part 84.20 of the Civil Procedure Rules provides for a complaint to be made about a bailiff's fitness to hold a certificate. You must make the complaint to the court that issued the bailiff with his enforcement certificate. Your complaint must disclose "reasonable grounds" (evidence) that the certificated person is not fit to hold an enforcement certificate.
You want to prosecute a bailiff
Section 1 of the Magistrates' Courts Act 1980 provides for written information to be laid before a justice of the peace that a person has, or is suspected to have committed an offence. The magistrate can issue a warrant to a constable to bring the suspect into court to answer the information and enter a plea. Have a solicitor do this for you. Your solicitor must persuade the Director of Public Prosecutions that the prosecution is in the public interest and there is sufficient evidence to secure a conviction. If you attempt to file the information yourself in person, court staff at the magistrates' court may try to frustrate your complaint, which may be an offence of perverting the course of justice at common law, so record their names and hand them in online with the Parliamentary Ombudsman.
You would like to speak to the MEDIA about a corrupt bailiff of police officer
Your bailiff story must be sensational and in the public interest. You must have no outstanding litigation, otherwise media exposure will compromise your claim. Journalists like sensation, such as exposing a thieving bailiff or a corrupt police officer or solicitor, so pitch your story with a catchy subject line, know your audience and above all, keep it simple.
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