Bailiffs are storing your vehicle a long way away

If a bailiff has released your vehicle and is asking you to collect it from a pound that is a long way away, you can ask the bailiff to return the vehicle to a location nearer to you, or pay the cost of transporting it to a suitable location nearer you.

The law says the bailiff must secure the debtors goods with within a reasonable distance. If the goods are secured a long way from the debtor, then the bailiff is in breach of Paragraph 13(1)(b) of Schedule 12 of tribunals Courts and Enforcement Act 2007 and the debtor can claim for the expenses for returning the vehicle to a reasonable distance by making a claim under paragraph 66 of Schedule 12.

The address the vehicle is secured must be on the document called a Notice that goods have been removed for storage or sale. If a notice is not given, then the enforcement is in breach of Paragraph 33 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Further legislation requires the bailiff to give notice to the debtor the place of sale, and if that notice is not given, of the place of sale is absent on the notice, the enforcement is in breach of Paragraph 40 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Remedy is available for the debtor to claim costs of bring the vehicle to a reasonable distance is under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The debtor must give the creditor and bailiff company reasonable opportunity to bring the vehicle to within a reasonable distance, before committing to the expense of collecting it from its storage location and reclaiming that cost in the small claims court.

Email and text message to give notice to the creditor/council and the bailiff company an opportunity to bring the vehicle to within a reasonable distance, or pay the cost of transportation to collect it from their remote pound upon collection.

Take a screenshot of the sent email to record the time they were sent, and exhibit them as evidence in your claim.

The Law:

Paragraph 13 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Ways of taking control

(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

(2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision

(a)determining the time when control is taken;

(b)prohibiting use of any of those ways for goods by description or circumstances or both.

Paragraph 33 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

(1)If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing.

(2)Regulations must state

(a)the form of the notice;

(b)what information it must give

(3)If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.

(4)Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.

Paragraph 40 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

(1)Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain (besides the date, time and place of sale);

(d)how it must be given.

(3)The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(4)Any notice must be given within the permitted period.

(5)Unless extended the permitted period is 12 months beginning with the day on which the enforcement agent takes control of the goods.

(6)Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

(7)They may extend the period more than once.

Regulation 32 of the Taking Control of Goods Regulations 2013 states:

Additional notice requirements where goods are removed for storage or sale

(1) Where control is taken of goods of the debtor under paragraph 13(1)(c) of Schedule 12 or controlled goods are removed to storage or for sale, the notice under regulation 30(1) must also contain the following information—

(a)that the enforcement agent has removed controlled goods to secure storage or for sale;

(b)a list of the goods so removed (where the goods are different to those included in a list provided by virtue of regulation 30(2)(f)(i);

(c)the date of removal of the goods to storage or for sale;

(d)the daily or weekly storage charge payable, where the goods are removed to storage; and

(e)the procedure for collection by or on behalf of the debtor of goods of which control has been taken on payment of the sum outstanding or on part payment of the sum outstanding where an agreement is made between the enforcement agent and the debtor.

(2) Where any of the information required by paragraph (1) is not known to the enforcement agent at the time of providing the notice to the debtor under regulation 30(1) the enforcement agent must provide such information, in writing, to the debtor, as soon as reasonably practicable.

(3) Paragraph (1)(b) is complied with if the enforcement agent provides the debtor with a copy of the inventory required by paragraph 34 of Schedule 12 at the same time as the notice, which describes all goods removed to storage or for sale.