Bailiff took control of goods while being used by someone
Bailiffs are prohibited from taking control of goods or a vehicle currently in use by someone due to the potential for causing a disturbance of the peace.
For instance, if you're out with your car and a bailiff detects it using an ANPR camera and subsequently clamps it, this action could lead to a breach of the peace. In such a scenario, if the police are summoned due to this breach, or if a police officer accuses anyone of breaching the peace, the enforcement attempt fails. As a result, you have the option to seek damages by pursuing legal action against the creditor whom the bailiff was acting for.
Should a breach of the peace occur, or if a police officer makes an arrest for breach of the peace subsequent to a bailiff taking control of an item or vehicle, the enforcement attempt is deemed a failure. This failure stems from the fact that it contravenes paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and regulation 10(2) of the Taking Control of Goods Regulations 2013.
Items being in use by somebody include:
A vehicle in use by an individual encompasses any vehicle parked away from its typical location while actively being utilised by someone.
A bailiff removing keys from a vehicle occupied by someone poses a potential threat of inciting a disturbance of the peace.
The Law:
Paragraph 13 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—
Regulation 10 of the Taking Control of Goods Regulations 2013 states:
(1) The enforcement agent may not take control of goods of the debtor where—
(3) In paragraph (2), "in use" means that the item is in the hands of, or being operated by, the person.