Bailiffs And Traffic Debt (PCN) Enforcement.
A bailiff clamped your car or took a money transfer OUT OF THE BLUE
You received a Penalty Charge Notice, but the council sent the Notice to Owner (NTO) to the address on your vehicle's V5 registration document. This document is now evidence that the bailiff either traced you or used an ANPR (Automatic Number Plate Recognition) camera to locate your vehicle on a highway and clamp it without prior notice, breaching Civil Procedure Rule 75.7(7). For the council to enforce an unpaid traffic debt against someone whose address has changed, it must obtain a fresh warrant specifying your current address. Instead, the bailiff acted independently and clamped your car without proper procedure, assuming you were unaware of the regulations. Under Civil Procedure Rule 84.13, you may apply to the court for the return of your car or any money the bailiff has taken and recover damages and your costs for the breach.
The bailiff did not give you a NOTICE OF ENFORCEMENT (NOE)
Regulations require the bailiff to provide a Notice of Enforcement (NOE) at least seven clear business days before taking control of goods or taking a money transfer from you. If you have moved to a new address and the bailiff arrives there while the Warrant of Control lists your previous address, the bailiff is in breach. This warrant is evidence the bailiff either traced you or found your car using an ANPR camera. With the Warrant of Control and proof of your current address, you can apply to the court under Civil Procedure Rule 84.13 for the return of your car, as well as claim damages and your legal costs. You may have recently bought the car; in this case, you make a third-party claim.
You’ve moved, and bailiffs left a document at your old address
The bailiff company is attempting to verify if anyone has responded to the contact number on the document left at your previous address. Should you reach out to the bailiff, they may press you to disclose your new address or compel you to complete forms TE9 or PE2 with the Traffic Enforcement Centre (TEC), necessitating sharing your updated address. Moreover, if you update the address on your V5, the TEC will automatically issue a new valid warrant reflecting your new address, potentially leading to bailiffs visiting without prior Notice of Enforcement (NOE). You may have grounds to bring an action for breach of Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
You want to appeal the PCN but the bailiff is refusing to tell you the PCN NUMBER
Regulations require that the Notice of Enforcement (NOE) includes sufficient information for the debtor to identify the origin of the debt. Without a PCN number, the debtor cannot ascertain the debt's source. If the bailiff refuses to provide the PCN number, citing the "data protection act," this refusal indicates the bailiff is aware that the enforcement is in breach and is attempting to prevent you from identifying the issuing council and taking action. You may apply to the court to compel the bailiff company to disclose the PCN number and also seek your legal costs.
A bailiff has clamped your vehicle - immobilised
If the bailiff has clamped your vehicle on a highway, they will remove it after two hours. You must act promptly and may need to employ a "Pay and Reclaim" strategy. Record the vehicle's condition on video using your mobile, and repeat this when the bailiff releases your car, as the bailiff is responsible for any damage or loss of items from the car after removal. If a bailiff has clamped or removed your car on land other than a highway, which is not where you live or trade, then under Civil Procedure Rule 84.13, you may apply to the court to order the bailiff to return your car and claim damages and legal expenses.
A bailiff has TOWED YOUR VEHICLE away
Call TRACE on 0845 206 8602 and report the car as stolen to the police. Even if the police say it is a civil matter, ensure the call is logged onto the CAD (Computer Aided Dispatch) to create an irrefutable record of when you reported it. Inform the DVLA that the car has been "taken without permission" to protect yourself from any new traffic offences. If your car is on hire purchase or lease, you can apply to the court for an order to return the car immediately and seek to recover damages and legal expenses.
A bailiff unexpectedly clamped or towed your vehicle
Bailiff companies employ individuals to patrol streets and neighbourhoods at night with an ANPR camera, searching for vehicles with unpaid traffic contravention debts. When they locate one, they call a certificated bailiff to clamp or tow the vehicle. This type of enforcement often fails because the vehicle may not belong to the debtor named on the Warrant of Control or because the debtor has not received the required statutory Notice of Enforcement (NOE) before the bailiff took control of the vehicle.
You are a VULNERABLE PERSON
Bailiffs cannot recover Enforcement Stage fees from vulnerable debtors unless they have given the debtor an opportunity to seek advice before taking control of goods or transferring money under the Warrant of Control. Guidelines define the categories of vulnerable debtors. If you fall into one of these categories when a bailiff takes a money transfer from you. In that case, you may apply to the court under Civil Procedure Rule 84.16 for the return of that money, along with any damages and your legal expenses. Bailiff companies often claim to have a "welfare department," but this is typically a tactic to delay enforcement. Bailiff companies are neither medically qualified nor have access to benefit records to determine a debtor's vulnerability.
Official advice recommended that I negotiate my debt with the bailiff.
Official advice agencies and debt charities often suggest negotiating directly with bailiffs, but this approach can be detrimental. Bailiffs, who receive a fixed £90 fee, focus exclusively on collecting the debt and seldom negotiate. Engaging with them may weaken your position, as they are typically aggressive in securing payment. To protect yourself, deal with the debt through the relevant authority. Although official guidance mentions Controlled Goods Agreements, bailiffs usually opt to tow vehicles for a faster resolution. Furthermore, debt counselling is not helpful if the debt is disputed or if enforcement is non-compliant with regulations. Bailiff companies frequently use proxy addresses and names, making it unsafe to share financial details, as you lose control over your personal and financial information.
The bailiff's FEES are too high
Bailiffs' fees and charges are regulated at £75 for the Compliance Stage fee and £235 for the Enforcement Stage fee. When the bailiff begins removing controlled goods, they may recover a £110 Sale Stage fee. Bailiffs may also recover expenses, provided they are "reasonably and actually" incurred; however, it is common for bailiffs to exaggerate these disbursements. If the bailiff cannot provide evidence of the actual payments made, you may apply to the court under Civil Procedure Rule 84.16 to recover them along with your legal expenses.
You got a PCN demand incurred using a velicle you have NEVER OWNED
Bailiff companies trace debtors by sending demands to addresses they believe might be linked to the debtor or the keeper of a vehicle registration with an unpaid traffic contravention debt. If you receive a demand in your name or your company's name, you are not required to contact them or prove you are not the debtor. If a bailiff harasses or pesters you, hand the documents over to the police.
A bailiff clamped your vehicle that is on HIRE-PURCHASE or leased
The law states bailiffs are only authorised to take control of goods belonging to the debtor. Goods under a hire purchase agreement remain owned by the lender until the hirer opts to purchase the vehicle. The hirer can apply for an injunction requiring the bailiff to return the vehicle, along with compensation for damages and legal expenses.
A police officer stopped you on a highway to assist a bailiff in taking a money transfer
If a police officer stops you while driving without you committing an offence, and you can demonstrate that the traffic stop was intended to aid a bailiff or bailiff company in taking a money transfer from you on the roadside, then under Civil Procedure Rule 84.13, you may recover the money taken or apply for an order for the return of your vehicle. The police officer might be in breach of section 26 of the Criminal Justice and Courts Act 2015 regarding misuse of police authority to assist in an unlawful money transfer or unlawfully depriving you of your vehicle.
The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES
The Notice of Enforcement (NOE) must detail the fees an enforcement agent may recover from the debtor. If the bailiff did not give you an NOE, then the address on the Warrant of Control may be incorrect, or someone with an ANPR camera unexpectedly clamped your vehicle. You have the right to ask the bailiff company for a Statement of Account outlining the fees and charges the bailiff is recovering. Should you find any of these fees or charges questionable, then you have the option to dispute them. You can apply to the court for a Detailed Assessment under Civil Procedure Rule 84.16 to review the bailiff's fees and charges. Regulations state that all charges must be "actually and reasonably" incurred. The bailiff must prove his expenses by showing the flow of money for all disbursements claimed, including payments made for storing your vehicle, and he must bring the original evidence into court.
The bailiff charged you £235 "Enforcement Stage fee" MORE THAN ONCE
Bailiffs may charge the £75 Compliance Stage fee for each enforcement power being recovered against the same debtor. However, the £235 Enforcement Stage fee is a one-time charge, regardless of the number of separate Warrants of Control being enforced simultaneously against the same debtor. It's important to note that bailiff companies might try to assign different warrants to various enforcement agents to increase the Enforcement Stage fees from the same debtor. But if a bailiff company has charged you the £235 Enforcement Stage fee more than once using different enforcement agents, then under Civil Procedure Rule 84.16, you have the right to apply for a Detailed Assessment. This process allows you to reclaim the excess money taken, along with your legal expenses.
The bailiff charges you a £110 "Sale Stage Fee"
Regulations stipulate that the bailiff may recover the £110 Sale Stage fee once they begin moving controlled goods to a place of sale. If a bailiff has taken your goods or vehicle to a compound for storage, which is not a place of sale, you may recover the £110 Sale Stage fee. Bailiffs cannot recover the Sale Stage fee merely to inform you that a truck has been called. The Sale Stage fee only applies after the bailiff has taken control of your goods using one of the four procedures outlined in paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and has commenced moving them to the sale location. If you contest the Sale Stage fee, you may apply for a Detailed Assessment under Civil Procedure Rule 84.16 to reclaim the fee along with your legal expenses.
The bailiff charged a CARD FEE
The fees regulations state that bailiffs may only recover the prescribed fees and charges listed in the Schedule of the Taking Control of Goods (Fees) Regulations 2014, along with disbursements "actually and reasonably" incurred for taking and selling the debtor's goods. A card fee does not comply with these rules. If a bailiff charges you a card fee, you are not obliged to pay it, and you may reclaim it through a charge-back with your bank or credit card company. Act promptly after the transaction. If the charge-back is unsuccessful, you may apply for a Detailed Assessment and request the court to return the excess money taken, along with your legal expenses.
The bailiff is pestering you about his FEES
Bailiffs cannot take control of your goods or demand a money transfer after you have paid the Penalty Charge Notice (PCN) directly to the council or authority—referred to as the "Amount Outstanding." Once the Amount Outstanding is paid directly to the council, or if the court has suspended the enforcement power due to an appeal against the original traffic debt, the enforcement power is no longer exercisable. According to Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014, the bailiff cannot recover any fees in such cases.
The bailiff is enforcing SOMEONE ELSE’S DEBT
Bailiffs may only take control of the debtor's goods. If a bailiff pressures you to pay another person's debt under the threat of taking your goods, you have the right to recover that money along with any damages and legal expenses. If a bailiff is pursuing a debt owed by someone not residing at your address, you can make a Statutory Declaration to remove your address from the enforcement process.
You were FORCED TO PAY someone else’s Traffic Debt
Bailiffs cannot enforce a debt against individuals not named on the Warrant of Control. If a bailiff takes control of your vehicle for a previous keeper's traffic debt or any other person's debt, you may apply to the court to recover the vehicle and claim damages for its loss of use. This claim arises under paragraph 60 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If a bailiff compels you to make a money transfer to pay someone else's debt, you may recover the money by requesting a chargeback from your bank. The bank will ask the bailiff company to provide evidence of a Warrant of Control with your name on it. If the bailiff company cannot provide this evidence, the bank will return the money to your account.
The bailiff says the "warrant is against your vehicle"
A Warrant of Control for enforcing a traffic contravention debt specifies the offence and the vehicle registration involved. However, it only authorises the bailiff to take control of goods belonging to the debtor, typically the registered keeper of the vehicle, referred to as the "respondent." Regulations have never issued a warrant against a specific vehicle. The bailiff may attempt to mislead the vehicle owner into believing the Warrant of Control instructs the recovery of a particular vehicle when it actually only permits taking control of goods belonging to the named debtor.
The bailiff attended LESS THAN 11 DAYS from the date printed on the Notice of Enforcement.
The bailiff must wait until the statutory time limit of seven clear business days has passed before attending and must also account for postal delivery time, which court rules stipulate is two business days after posting. If the bailiff attends prematurely, the enforcement fails, and you may recover damages, including applying for an order for the return of controlled goods along with your legal expenses.
You RECENTLY MOVED
If the bailiff is unaware of your new address, the bailiff company might send nuisance text messages. They obtained your number from the DVLA, as it was listed on the V5 new keeper slip when you purchased the vehicle. These messages aim to discover your new address so they can ambush and clamp your car. If you have moved, any correspondence regarding the PCN would have gone to your old address. While internet advice may suggest completing Form PE2 or TE7, doing so will likely result in your application being refused. The council will then apply for a new warrant specifying your new address, leading to bailiffs ambushing you. A Warrant of Control with your previous address is a "defective instrument," making any enforcement action under it invalid. It is advisable to leave the warrant defective, as any enforcement action taken under it will attract liability for damages due to the breach under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
The debt is OVER 12 MONTHS OLD
Bailiffs must provide the debtor with a Notice of Enforcement (NOE) at least seven clear business days before taking control of goods or taking a money transfer. Regulations stipulate that bailiffs cannot take control of goods more than 12 months after the NOE's issue date, thereby ending the enforcement power.
The traffic debt is over SIX YEARS old
A traffic contravention debt is a "statutory debt" created by legislation. Under the Limitation Act 1980, there is a statutory time limit of six years from the date the debt arises for it to be enforced through the court.
The Council fobbed you off with "CONTACT THE BAILIFFS"
If the council has applied for a Warrant of Control and you subsequently try to pay the traffic contravention debt directly to the council, they will direct you to "contact the bailiffs" to protect the commercial interests of the private bailiff company handling the debt recovery. Fortunately, bailiffs are prohibited from using force to enter homes when recovering a Traffic Contravention debt. Therefore, unless you have sold the vehicle involved in the contravention or it is on hire purchase, bailiffs will target your vehicle. You should take steps to protect your vehicle from enforcement until the bailiffs have moved on, typically 90 days from the date on the Notice of Enforcement (NOE), but no later than 12 months from the NOE date.
A bailiff left a document HANGING OUT OF YOUR LETTER-BOX or communal doorway
Burglars and criminals posing as leaflet distributors leave flyers sticking out of letterboxes to check if a property is vacant, as an occupant would typically take the document inside. Similarly, bailiff companies employ individuals without enforcement certificates to visit addresses they believe may be linked to a missing debtor. These individuals leave red notices with threatening language protruding from letterboxes to provoke a panicked response, confirming the debtor's new address. If the debtor pays the debt online to avoid an imminent visit, the bailiff company unlawfully pockets the £310 enforcement fees without compensating a certificated enforcement agent. This practice is illegal, as fee regulations explicitly reserve prescribed enforcement fees for certified enforcement agents, and a bailiff company itself cannot hold an enforcement certificate.
The bailiff REMOVED an EXEMPT VEHICLE or EXEMPT GOODS
Regulations specify which goods are exempt from enforcement, including vehicles used for work that have an auction value of under £1,350. The auction value determines exemption status, as established in the case law Vinci v Miller 2014, regardless of any valuation given by the bailiff. If a bailiff takes control of your exempt vehicle, you may apply to the court for an order to return the vehicle and claim damages, loss of earnings, and legal expenses.
The bailiff turned up with a TV FILM CREW
You can prevent video recordings from being broadcast by withdrawing your consent to use your data and requesting its erasure under Section 47 of the Data Protection Act 2018 and Article 17 of the GDPR. To do this, notify the data controller of the production company and TV station. If the data controller does not confirm in writing that they have ceased processing your data, you can report your concern online to the Information Commissioner. Should the recordings be broadcast, you may sue the TV production and the broadcaster, recover damages under Section 168 of the Data Protection Act 2018 or Article 82 of the GDPR, and claim any royalties owed.
The bailiff REFUSED TO SHOW HIS ID
The legislation requires a bailiff to present valid identification upon request to the debtor or any person in authority at the premises. If the bailiff refuses or presents a fake or homemade ID. In that case, he is no longer "acting lawfully", and may be forcibly removed from the property without the person doing so committing the offence of "obstructing an enforcement agent." If a bailiff displays a police-like warrant card and badge, he commits an offence under Section 90 of the Police Act 1996. A bailiff's official ID is his enforcement certificate: a white laminated card, six inches by two inches, with his photograph and a judge's signature.
The bailiff REFUSED TO SHOW THE WARRANT OF CONTROL
The legislation mandates that the bailiff present the Warrant of Control upon request, which must include your name and current address. If a bailiff refuses to show the warrant, it signals a potential issue. The bailiff may know the warrant is defective, the address needs to be corrected, or the bailiff knows he is attending the wrong address and is trying to prevent you from applying to the court to stop the enforcement. If a bailiff fails to present a valid Warrant of Control, then he is no longer "lawfully acting," and the debtor may remove him from the property, using force if necessary, without committing the offence of "obstructing an enforcement agent".
The bailiff does not have an ENFORCEMENT CERTIFICATE
Anyone, except a government employee without a valid enforcement certificate, who takes control of goods or money in the execution of a Warrant of Control commits an offence under Section 63(6) of the Tribunals Courts and Enforcement Act 2007. Any enforcement action by an uncertificated individual is invalid, and the debtor may apply to the court to recover the goods or money taken. The individual can be reported to the police, although officers may have difficulty understanding Section 63(6) and dismiss the crime as a civil matter. You can instruct a specialist law firm experienced in police misconduct and corruption to bring a private prosecution against corrupt police officers and bailiffs.
The bailiff sold your vehicle, and you were NOT GIVEN A VALUATION
After removing goods (such as vehicles), regulations require the bailiff to provide the debtor with a written valuation, which may be arbitrary, or the bailiff may obtain an independent valuation. Bailiffs often value goods to suit their agenda. For instance, if a vehicle is exempt because the debtor uses it for work, the bailiff is aware there is a maximum threshold of £1,350, above which the vehicle is no longer exempt, so the bailiff may overvalue it to prevent the debtor from claiming it as exempt goods. Conversely, a bailiff might undervalue goods to profit from the sale proceeds by applying unregulated charges like storage fees. Case law dictates that the value of controlled goods is their auction value, so the most reliable valuation can be found by searching eBay's completed (sold) listings for the same model and condition of the vehicle, which the court usually accepts.
The Bailiff wheel-clamped (immobilised) SOMEONE ELSE’S VEHICLE
The law stipulates that a bailiff may only take control of goods owned by the debtor. According to Paragraph 60 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, the vehicle owner can file a third-party claim to recover controlled goods and seek damages for unlawful interference under Section 3 of the Torts (Interference with Goods) Act 1977, along with a claim for legal expenses.
The Bailiff clamped MORE THAN ONE vehicle or goods valued much greater than the debt
This may be an "excessive levy". If both vehicles are removed and the value of the lesser valued vehicle is sufficient to pay the debt, you can claim damages for excessive levy. If the vehicles remain clamped without being removed, you can claim damages for the unlawful deprivation of use of the vehicle with the greater value.
The bailiff took PHOTOGRAPHS of documents and valuables around the house.
Criminals, often disguised as tradesmen, take photos of documents and valuables inside homes to note their locations for future burglaries. Report this to the police and notify the bailiff company under Section 47 of the Data Protection Act 2018 to destroy the photographs. Unless a bailiff has created a Controlled Goods Agreement listing the valuables and documents, there is no justification for a bailiff to photograph your valuables, record their locations, or copy sensitive documents
Bailiff towed away your vehicle but FAILED to give or leave an INVENTORY.
The law permits bailiffs to remove goods, such as a vehicle, from the debtor's property, premises, or a highway. However, regulations require the bailiff to provide the debtor with a written inventory of the goods. If a bailiff removes a vehicle after locating it on a highway using an ANPR camera without providing an inventory, the debtor can apply to the court for an order compelling the bailiff to return the goods.
The bailiff ATTENDED before 6AM or after 9PM
If your RING football video camera captures bailiff activity before 6am, call the police on 999 immediately. The call time is logged on the CAD (Computer Aided Dispatch) system, providing irrefutable evidence for a claim of non-compliant enforcement. Bailiffs often work at night or early morning, using ANPR cameras to locate and clamp vehicles before 6am, and then falsely record that they attended after 6am.
The bailiff threatened you with a LOCKSMITH
The law explicitly forbids bailiffs recovering a traffic contravention debt from forcibly entering residential properties or using a locksmith. A locksmith may only be employed by bailiffs when enforcing a Warrant of Possession to enter the specified premises. In bailiff terminology, "locksmith" signifies the authority to "enter by reasonable force". Bailiffs are permitted to enter through an unlocked door but not through an open window. If the key is already in the lock, they may turn it to unlock the door. However, they cannot unlock a door using a key found under a doormat or supplied by a landlord.
The bailiff REFUSED TO EXPLAIN HIS FEES and costs
Bailiffs are required to provide the debtor with a Notice of Enforcement (NOE) at least seven clear business days before taking control of goods or taking a money transfer. The NOE must detail the fees and charges recoverable from the debtor. Should you contest any fees or charges, you may apply for a detailed assessment under Civil Procedure Rule 84.16 and request reimbursement of your legal expenses.
The bailiff charged "STORAGE FEES" for keeping your vehicle
Regulations specify which fees and charges a bailiff can recover from the debtor or the proceeds of sale. "Storage fees" do not adhere to these regulations, and you may recover these fees if the bailiff took them from you while detaining your vehicle. To bring a claim to recover "storage fees", you must demonstrate the flow of money taken by the bailiff or vehicle pound and then require the bailiff to provide strict proof of having paid these storage fees. According to the regulations, bailiffs can only recover charges that they have "actually and reasonably" incurred. This regulation involves a two-part test: the bailiff must have actually paid the charge, and if it is reasonable, the bailiff must justify why he paid the charge. Both conditions must be satisfied. If the bailiff cannot provide evidence of having actually paid the storage fees taken from you, you can apply to the court under Civil Procedure Rule 84.16 to recover them, along with your legal costs.
Your car is removed to a compound a LONG WAY AWAY
Regulation 19 of the Taking Control of Goods Regulations 2013 stipulates that when a bailiff takes control of a vehicle, he may only move it a "reasonable distance" from where he took it. If the bailiff "released" your vehicle, and the vehicle pound is far away, or your vehicle's GPS tracker shows it is in another part of London, you may request the bailiff deliver your vehicle within a reasonable distance from where the bailiff took it. If the bailiff refuses, you may arrange for a recovery service to collect and deliver the vehicle to you, including making a vehicle inspection report. You can then recover the expenses from the creditor on whose behalf the bailiff was acting.
BLACKMAILED. Deploy "Pay & Reclaim"
If a bailiff has taken your vehicle and you do not lawfully owe the demanded money, one strategy you can use is the 'pay & reclaim' approach. This allows you to regain control of your vehicle, recover damages caused to the vehicle while it was in the bailiff's possession, and the money taken for its release. Importantly, this approach also has a financial impact on the bailiff's case, as the creditor covers your legal expenses, and the bailiff cannot profit after 'pay & reclaim' is applied.
The bailiff wrote on a document you paid VOLUNTARILY
When a bailiff takes a money transfer from someone who is not the debtor under the threat of removing their goods, the bailiff will document that the payment was made voluntarily. The bailiff does this to prevent you from recovering the money by claiming it was paid by agreement, even though it was taken under duress by refusing to leave the property or removing goods. You can recover the money taken through a chargeback with your bank. The bank will require the bailiff (merchant) to provide evidence of a Warrant of Control in the account holder's name; otherwise, the bank will return the money to the account holder. Alternatively, the account holder can recover the money by claiming under Civil Procedure Rule 85.4.
You PAID THE PCN TO THE COUNCIL but they say they gave the money to a bailiff company
No legislation authorises giving money taken under a Warrant of Control to a private company, and doing so does not reinstate enforcement power once it has lapsed. When a debtor pays the "amount outstanding" directly to the creditor after the bailiff company has been instructed, the enforcement power under the warrant ceases. The council may try to protect the financial interests of the commercial bailiff company by misleading debtors into believing the warrant of control remains active when it is not. Official government guidelines clearly state that bailiffs cannot enforce payment of fees once the enforcement power has lapsed.
The bailiff said he is an "Officer"
A bailiff, as an "enforcement agent", is defined under section 63 of the Tribunals Courts and Enforcement Act 2007 and must be an "individual" with a valid certificate. A High Court Enforcement Officer is also a prescribed "individual" under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff refers to himself as an officer, he commits an offence under section 2 of the Fraud Act 2006, known as "fraud by false representation". Enforcement agents cannot officiate or call themselves "officers"; they are "agents". Before 2014, the Ministry of Justice reclassified bailiffs as "agents" to lower entry requirements and attract candidates from lower socio-economic backgrounds to these generally unpopular and low-paid positions.
The bailiff CALLED THE POLICE
If a bailiff claims to have called the police, you should contact the police on the 101 non-emergency number, providing the date and location of the incident. You can request a copy of the bailiff's communication with the police call handler from the police CAD (Computer Aided Dispatch) system. You can verify whether the bailiff contacted the police and what he told them. You are entitled to this information under section 45 of the Data Protection Act 2018. Bailiffs often use this tactic to intimidate you into thinking the police will intervene. CAD reports can be used as evidence if the bailiff contradicts this in a witness statement.
You are getting NUISANCE TEXT MESSAGES from a bailiff company
Bailiff companies sometimes send text messages to mobile numbers of individuals they believe might be the debtor. They obtain these numbers from the DVLA, sourced from the V5 new keeper slip provided when you bought the vehicle. This method aims to trace missing debtors and elicit a panic response to reveal your identity and new address. Do not respond to unsolicited or nuisance text messages. Even if the sender's identity is hidden, you can block the sender to prevent further messages without their knowledge. You can also submit a copy of the messages to the Information Commissioner's Office and file a complaint under Section 1 of the Protection from Harassment Act 1997 by completing an online form.
The CONTROLLED GOODS AGREEMENT is not compliant with regulations
Regulations specify the necessary contents of a Controlled Goods Agreement for it to be valid. This agreement is a regulated contract between a bailiff and a debtor, permitting the debtor to retain possession of controlled goods while repaying a debt. Compliance with these regulations ensures the agreement's validity. Common reasons for the failure of a Controlled Goods Agreement include the bailiff's improper inventory of the goods, failure to identify their quantities and conditions accurately, reliance on estimates, or listing goods that do not belong to the debtor.
The bailiff jammed his BOOT into the DOOR to stop you closing it
The law stipulates that a bailiff may enter a property by "normal means"; if a bailiff jams his boot into a door to stop you from closing it, it constitutes the use of force against a person, which is expressly prohibited by paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The debtor can recover damages for this breach by applying under Civil Procedure Rule 84.13.
The bailiff filmed you with a BODYCAM (body-worn camera)
According to official guidelines, bailiffs must use body-worn cameras from the moment they leave their vehicle at the debtor's property until they return, and whenever they are taking control of goods on a highway. If you intend to bring a claim for a breach of enforcement and the bailiff's body-worn recordings would support your case, you should issue a "rule 6" notice to obtain a copy of these recordings. If the bailiff objects on the grounds of the Data Protection Act, you may file an N244 application under Civil Procedure Rule 84.13 to request an order for disclosure of the recordings and to ensure the original copies are brought to court. Additionally, you may apply for your legal expenses.
The bailiff damaged your BUSINESS REPUTATION
If a bailiff discloses your debt to others or makes statements that harm your business, you can sue for damages. To do so, you must quantify the monetary loss by presenting accounts from the previous 90 days and comparing them to accounts after the bailiff's actions. Without this evidence, you can only claim "general damages," which are at the court's discretion. Encourage anyone contacted by the bailiff to provide a witness statement supporting your claim for reputation damage, but be aware that quantifying your claim can be challenging.
The bailiff looked like POLICE
If a bailiff wears police-like body armour, radio loops, boots, or flashes a police-like warrant card and badge at you with the intent to deceive or impersonate a police officer, they commit an offence under Section 90 of the Police Act 1998. If your video doorbell captures such behaviour, you can report the bailiff to the police.
The bailiff, or police SNATCHED CAR KEYS, knocked a MOBILE PHONE out of your hand, or took control of an article of vehicle being USED BY SOMEONE.
Bailiffs may not take control of goods in use by someone if it might cause a breach of peace. If a bailiff snatches car keys from you or your vehicle or knocks a mobile phone out of someone's hand while they are filming, this constitutes a breach. Additionally, if a bailiff takes control of your vehicle or takes a money transfer during a traffic stop performed by the police, this is also a breach. You can claim against the authority for the enforcement breach of Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the money transfer taken by the bailiff is unlawful, the police officer conducting the traffic stop commits an offence of abusing police privilege to achieve a benefit or detriment under section 26 of the Criminal Justice and Courts Act 2015. You will need a dashcam recording of the traffic stop to prove the offence.
The bailiff committed a crime against you IN THE PRESENCE OF POLICE
Police forces often hold the institutional belief that bailiff crime is a "civil matter" and view their duty as limited to "preventing a breach of the peace." This perspective is incorrect, as a police officer's statutory duty is crime prevention. If a bailiff unlawfully removes your goods or takes a money transfer you do not owe, and the police officer fails to intervene to prevent the crime, the officer is committing an offence under Section 26(5) of the Criminal Justice and Courts Act 2015. You have the right to bring a private prosecution through a solicitor specialising in the abuse of police power and privilege. To pursue proceedings for police corruption, you must provide evidence that the bailiff acted unlawfully and that the officers were present. Obtaining a copy of the bailiff's body-worn video will serve as irrefutable evidence.
The police ARRESTED you, or THREATENED to arrest you
If the police charge you with 'obstructing an enforcement agent' under Paragraph 68 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, but the enforcement agent was not acting lawfully, you are not guilty of the offence. Likewise, if charged with 'interfering with controlled goods' when the bailiff did not lawfully take control of them, you are also not guilty. In both scenarios, securing legal representation is crucial. If a police officer threatens you with arrest for a charge for which you are not guilty, you have the right to file a complaint against the officer with the Professional Standards Department for abuse of police privilege. Additionally, if you are arrested and then released without being charged, you have the right to sue for false arrest and unlawful imprisonment. Expert legal assistance is essential to pursue such actions.
You have been CHARGED with an offence
If you are not guilty of the offence, you can sue the police force for unlawful imprisonment, false arrest, and, in some cases, malicious prosecution. If an arresting officer arrests you to cause annoyance or to assist a bailiff in causing or exposing you to an unlawful loss, you may bring an action against the police force. This action can prompt the Crown Prosecution Service to discontinue the prosecution on the grounds that there is no real prospect of a conviction. To build a case against the police force, you will need expert legal assistance.
You were INJURED or ASSAULTED by a bailiff
It is crucial to seek medical attention immediately, as recording the time is vital when pursuing a Personal Injury Claim. You may bring the claim against the creditor for whom the bailiff was acting. The bailiff company will have liability insurance with legal expenses cover, enabling lawyers on both sides to begin negotiating your claim. You can also report the incident to the police for offences such as common assault or Actual Bodily Harm, depending on the severity of your injuries. Be aware that the police may incorrectly advise that the assault is a civil matter.
The bailiff DAMAGED your property or vehicle
When a bailiff removes goods or a vehicle, it's important to remember that regulations state the bailiff becomes responsible for their care. If your goods or vehicles are damaged after the bailiff begins taking control of them, or if your vehicle is returned damaged, the law is on your side. You have the right to sue for the cost of repairs or replacement. It's crucial to have clear evidence that the damage occurred after the bailiff started the removal. Record a video of the bailiff when he handles your goods or vehicle. This video evidence can be your strongest defence. If your video shows your goods were undamaged when the bailiff took control of them, the bailiff has no defence. You can also apply to the court to obtain the bailiff's body-worn video recordings, which will show the condition of your vehicle before removal.
You want to make a FORMAL COMPLAINT about a bailiff
Bailiffs often suggest directing complaints to their own company or their trade association. However, this is generally ineffective, as trade associations are private entities that favour the enforcement industry. The official channel for complaining about a bailiff is through an EAC2 complaint, but this is limited to questioning the bailiff’s fitness to hold a certificate. To succeed, it's crucial to be prepared and strategic. You must demonstrate that the bailiff is unfit to hold a certificate, such as by showing undeclared convictions, sex offences, fraud, or a lack of knowledge of enforcement regulations. Instead, seek damages. This approach impacts the bailiff financially, which is often more effective.
You want to PROSECUTE the bailiff
Anyone can initiate a private prosecution, but you must convince the Director of Public Prosecutions that your case has a realistic prospect of conviction and serves the public interest. It's essential to gather evidence, prepare a witness statement, and allow the police to investigate the crime and question the suspect. If the police dismiss the crime as a civil matter, the expertise of a specialist law firm is invaluable. Such firms can initiate both criminal and civil proceedings against corrupt police officers and bailiffs, ensuring a comprehensive legal strategy.
You want to approach the MEDIA with your corrupt bailiff story
Only approach the media with your press release after all legal avenues have been exhausted or you have secured a court victory against improper bailiff action. Prematurely publicising your story before the court hears your case can compromise its integrity.
(c) Jason Bennison. Please ask before copying from this website.