The vehicle was taken from land that is not where you live or trade

The law says bailiff can only clamp or remove vehicles (goods) from where the debtor usually lives or carries on a trade or business

A company director is not liable for the debts of the company.

A bailiff can apply for separate authority to take control of goods on other premises on application to a court, and he must carry and produce on demand, a copy of the order when he attends.

Enforcement fails when a vehicle s lifted from an allocated parking space not belonging to the debtor.

Vehicles can be taken from any highway in England and Wales

Relevant Premises is:

Any place where the debtor usually lives and carries on a trade or business

Any Highway in England and Wales

Any address the bailiff has been granted authority on application to a court to attend where the debtor keeps goods

Procedure

Tell the bailiff company, the bailiff and if known, the creditor that the goods taken into control are not situated on Relevant Premises, give an opportunity to return the goods by a deadline, and specify the consequences if they fail

If the goods are not returned by the deadline, apply for an injunction at court on a Form N16A together with a Claim Form a witness statement and exhibits along with a draft order

The court fee for an N16a is £308. If you are on a low income, claim court fee remission online and put the application reference number on your form N16a.

Attend the hearing

Serve a copy of the order on the bailiff company and, if known, the creditor

The bailiff company complies with the order and returns the goods

The court lists a further hearing which the bailiff company and the creditor attends, and decides your costs of bringing the application.

The defendant bailiff company or the creditor will usually have to pay your costs within 14 days

Be sure the vehicle is returned from where it was taken. Do not be invited by the bailiff company to have the vehicle delivered to your home, business address or any highway.

The bailiff will immediately take control of it again because its now on relevant premises

If a bailiff company only agrees to "release" a vehicle, you can recover the cost of vehicle transportation and inspection because the law says the goods must be "returned" to the debtor

When a vehicle is returned, you must carry out an vehicle inspection and give immediate notice of any damage or items missing. DO NOT sign a document on its release. The bailiff is complying with a court order.

Ask the bailiff to return the goods according to a deadline, attach evidence the land it was taken into control is not relevant premises or a highway, and give the consequences if they do not comply.

Take a screenshot of the sent email recording the time it was sent.

The Law:

Paragraph 14 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Entry without warrant

(1)An enforcement agent may enter relevant premises to search for and take control of goods.

(2)Where there are different relevant premises this paragraph authorises entry to each of them.

(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

(5) (repealed)

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Entry under warrant

(1)If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.

(2)Before issuing the warrant the court must be satisfied that all these conditions are met—

(a)an enforcement power has become exercisable;

(b)there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(c)it is reasonable in all the circumstances to issue the warrant.

(3)The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

Paragraph 66 of Schedule 12 of the 2007 Act states:

Remedies available to the debtor

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)in any other case, in the High Court or the county court.

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).