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:

Mobile device, including while actively recording video of the bailiff

Personal computer or tablet

Set of keys

Currency in physical form

Operational appliance such as a television or washing machine

Vehicle currently in use or being driven by an individual

Any vehicle subjected to control by a bailiff during a police road traffic stop

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:

(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.

(4)A controlled goods agreement is an agreement under which the debtor—

(a)is permitted to retain custody of the goods,

(b)acknowledges that the enforcement agent is taking control of them, and

(c)agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid.

Regulation 10 of the Taking Control of Goods Regulations 2013 states:

Circumstances in which the enforcement agent may not take control of goods

(1) The enforcement agent may not take control of goods of the debtor where—

(a)the debtor is a child;

(b)a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or

(c)the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.

(2) Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.

(3) In paragraph (2), "in use" means that the item is in the hands of, or being operated by, the person.