Bailiffs and Traffic Debt (PCN) Enforcement.

The bailiff attended OUT OF THE BLUE

You received a Penalty Charge Notice (PCN), but the subsequent Notice to Owner (NTO) was sent to your old address. The bailiff tracked you down and arrived without prior notification. This action breaches regulations, as the bailiff is required to inform the council (creditor) of your new address for the issue of a revised warrant of control specifying your new address. By circumventing this process, the bailiff aimed to catch you off guard, banking on your potential lack of awareness regarding regulations. To stop the enforcement, appeal the PCN and make a claim for the breach.
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    • You did not get a NOTICE OF ENFORCEMENT (NOE)

    You are entitled to a minimum of seven days' notice before the bailiff removes your goods. However, if you've changed addresses and the bailiff catches you off guard by showing up at a new address, it's a breach of regulations. Certain bailiffs skip the notice requirement as it may result in higher fees for them. According to the law, bailiffs must record the time when notice was provided to the debtor. Failure to adhere to the enforcement procedures outlined in Schedule 12 nullifies all fees and charges. Pursue a DETAILED ASSESSMENT hearing and apply to recover any money taken and release any vehicles that have been clamped or towed away.
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    • The bailiff refuses to tell you the PCN NUMBER

    Legislation stipulates that the Notice of Enforcement must include adequate details for the debtor to identify the source of the debt. In the absence of a Penalty Charge Notice (PCN) number, the debt lacks clear provenance. In such cases, you have grounds to seek an injunction to recover controlled goods or money taken and subsequently appeal the PCN.
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    • Your vehicle has been WHEEL CLAMPED - immobilised

    If your vehicle is clamped on a public road, it will typically be removed after two hours. Immediate action is necessary, and you may need to resort to a "Pay and Reclaim" strategy. It's crucial to document the vehicle's condition through video recording using your mobile phone, both at the time of clamping and upon its return. Any damages incurred while the bailiff had control should be claimed. In the case of clamping on private property where you neither reside nor conduct business, such as a private car park or a neighbour’s designated parking spot, you can seek an injunction to order the bailiff to release the vehicle.
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    • A bailiff has TOWED YOUR VEHICLE away

    Contact TRACE on 0845 206 8602 and notify the police of the stolen car. Regardless of the police classification as a civil matter, it's essential to document the call on the CAD system. Notify the DVLA that the vehicle has been "taken without permission" to safeguard against potential traffic offences. If the car is on hire purchase, leased, or has a loan secured on it, you have the option to seek an injunction to reclaim the vehicle from the bailiffs. The creditor is responsible for covering indemnity costs in such cases.
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    • Your vehicle was unexpectedly CLAMPED or TOWED AWAY

    You could find yourself targeted by a "drive-by clamping" conducted by a bailiff with an ANPR camera. They roam the streets, identify your car registration linked to unpaid PCNs, and clamp or tow away your vehicle. If the warrant is issued in your name, obtain the PCN number and contest the PCN. If the warrant is issued in the name of a former keeper, you must pursue a THIRD-PARTY CLAIM TO CONTROLLED GOODS. Engage a solicitor to initiate the process formally. Typically, the bailiff company covers indemnity costs in such cases.
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    • You are a VULNERABLE PERSON

    Guidelines delineate categories of vulnerable individuals, and the law shields them from enforcement measures under specific conditions. If a vulnerable person is unaccompanied, bailiffs are prohibited from removing assets. Otherwise, bailiffs must afford them an opportunity to "seek advice", otherwise, according to the law, fees cannot be reclaimed from vulnerable individuals. While bailiff companies may tout a "welfare department", these are often tactics to delay enforcement. Bailiffs lack medical qualifications or access to benefit records to ascertain vulnerability.
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    • The bailiff's FEES are too high

    Fees and charges are capped at £75 for the compliance stage fee and £235 for the enforcement stage fee as per regulations. Bailiffs often inflate these fees, hoping to evade scrutiny or exploit debtors' lack of knowledge about regulations. If you've been charged more than the regulated amount, you have recourse. Apply for a DETAILED ASSESSMENT hearing to have the court review the fees. Typically, when bailiff companies breach statutory fee regulations, the creditor is liable for indemnity costs.
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    • You got a PCN demand for a vehicle you have NEVER OWNED

    Bailiff companies track down debtors by sending notices to addresses they suspect could be linked with the debtor or vehicle owner. If you receive a notice in your name or your company's name, refrain from reaching out to the bailiff company. Instead, appeal the ticket with the Traffic Enforcement Centre, asserting that you've never owned or been in possession of the vehicle mentioned in the notice.
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    • The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES

    Bailiffs frequently impose a charge for elucidating their fees and expenses. Regulations stipulate that all fees and disbursements must be clearly stated on the Notice of Enforcement. Failure to adhere to this requirement enables you to reclaim any fees taken. Initiate proceedings for a DETAILED ASSESSMENT hearing, during which the court will scrutinise the bailiffs' fees. In such cases, the creditor (council) typically bears the indemnity costs.
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    • The bailiff charged you £235 "Enforcement Stage fee" MORE THAN ONCE

    Bailiffs have the authority to charge the £75 Compliance Stage fee for each enforcement power being executed against the same debtor concurrently. However, the £235 Enforcement Stage fee can only be levied once, irrespective of the number of enforcement powers being enforced simultaneously against the same debtor. If a bailiff imposed multiple £235 fees, such as in a single instance of taking or clamping a car, you are entitled to recover the excess amount along with your incurred costs for initiating the claim. Pursue a DETAILED ASSESSMENT hearing, typically resulting in thecreditor covering the indemnity costs.
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    • You were charged a £110 "Sale Stage Fee"

    According to the law, the sale stage fee is applicable only once the bailiff has initiated the process of relocating goods to a sales venue. The sale stage fee is not applicable if the bailiff merely mentions "calling a truck." It becomes applicable after the bailiff has lawfully taken control of your goods through one of the methods outlined in paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, and has commenced moving them to the sales venue. You have the opportunity to reclaim this fee by requesting a DETAILED ASSESSMENT hearing.
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    • The bailiff charged a CARD FEE

    The fee regulations stipulate that bailiffs are only entitled to recover the prescribed fees outlined in the Schedule of the Taking Control of Goods (Fees) Regulations 2014, along with disbursements incurred for taking and selling the debtor's goods. A card fee does not align with these regulations. Therefore, if a bailiff attempts to levy a card fee, you are not obligated to pay it. You can seek reimbursement by initiating a chargeback through your banking app promptly after the transaction. In the event that a chargeback is unsuccessful, you have the option to apply to the court for a DETAILED ASSESSMENT hearing, with the creditor typically bearing indemnity costs.
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    • The bailiff is pestering you about his FEES

    Bailiffs are not permitted to take control of your goods once you have settled the Penalty Charge Notice (PCN) debt, known as the "Amount Outstanding", with the council or relevant authority. Bailiffs are authorised to remove goods solely to recoup the Amount Outstanding, encompassing the associated costs of taking and selling your goods. However, they are not authorised to recover "fees" once the enforcement power is no longer in effect.
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    • The bailiff is enforcing SOMEONE ELSE’S DEBT

    Bailiffs are only entitled to remove goods belonging to the debtor. If you've been compelled by a bailiff to pay someone else's debt under the poain of enforcement action, you have the right to recover the amount taken, along with any associated costs. This situation often arises when purchasing a used vehicle, and the previous owner failed to pay a traffic debt linked to the vehicle.
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    • You were FORCED TO PAY someone else’s Traffic Debt

    It is illegal for a bailiff to force you to pay another person's debt, even if that individual is a relative. This action constitutes an offence under sections 2 and 4 of the Fraud Act 2006. You have the option to report this offence to the police and pursue a claim to recover the money taken, along with any associated expenses. Additionally, you can initiate legal action against the creditor to recover your money or seek a charge-back through your banking app.
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    • The bailiff says the "warrant is against your vehicle"

    The warrant of control, governed by Civil Procedure Rule 75, is issued against the name of the REGISTERED KEEPER and not against a specific vehicle.
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    • The bailiff attended LESS THAN 11 DAYS from the date printed on the Notice of Enforcement.

    The bailiff must adhere to the statutory time limit before attending. As per the law, the Notice is sent via second class post, which ensures delivery by the 2nd weekday after posting. If the bailiff rushes the process and attends prematurely, enforcement becomes invalid, allowing you to pursue damages, including the recovery of goods taken or claiming their replacement cost.
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    • You RECENTLY MOVED

    If the bailiff is unaware of your new address, it's advisable not to disclose it to them. If you've moved and received PCN-related correspondence at your previous address, and a bailiff arrives unexpectedly at your new address, it indicates tracing efforts, which contravenes established guidelines. To stop enforcement, you can appeal the PCN by highlighting the absence of a Notice to Owner (NTO) and ensuring your changing address predates the warrant of control's issue date.
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    • The debt is OVER 12 MONTHS OLD

    Prior to commencing enforcement proceedings, bailiffs are legally required to furnish all debtors with a Notice of Enforcement. This notice remains valid for a duration of 12 months from its issue date. After this period elapses, enforcement actions are prohibited. To initiate enforcement afresh, the bailiff must issue a new Notice of Enforcement, provided the enforcement power has not become ineffective in the interim.
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    • The traffic debt is over SIX YEARS old

    According to the law, statutory obligations cannot be enforced if they have remained unpaid for six years without any acknowledgement of the debt by the debtor.
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    • The Council fobbed you off with "CONTACT THE BAILIFFS"

    Immediately appeal the PCN, employ a Pay and Reclaim strategy, or identify any enforcement irregularity to seek damages. If your vehicle is parked outside, it's at risk as bailiffs will likely target it. However, enforcement can only occur if bailiffs gain access to your property. Request the council to contact you again once the bailiff returns the case unpaid, as bailiff fees are no longer applicable after such a return.
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    • A bailiff left a document HANGING OUT OF YOUR LETTER-BOX or communal doorway

    Thieves and burglars disguise themselves as leaflet distributors, leaving documents protruding from letterboxes to ascertain if a property is unoccupied, as occupants typically retrieve these upon returning home. Similarly, bailiffs employ similar tactics by leaving red-print documents to determine occupancy or provoke a panicked response to their mobile number, aiding in the tracing of debtors. Additionally, bailiffs use this method to justify levying a £235 enforcement stage fee.
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    • The bailiff REMOVED an EXEMPT VEHICLE or EXEMPT GOODS

    The law identifies specific categories of exempt goods. If a bailiff takes control of such items, you can claim them, regardless of whether the bailiff has already sold them; the court has the authority to undo the sale. Additionally, you can seek reimbursement for the replacement value of these goods and claim damages for unlawful deprivation under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
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    • The bailiff turned up with a TV FILM CREW

    You can prevent the airing of recorded footage by promptly withdrawing your consent for the use and deletion of your data under Section 47 of the Data Protection Act 2018 or Article 17 of the GDPR. This involves informing the data controller, whether it's the film company or TV station, of your decision to revoke consent for processing your data. If the data controller fails to respond in writing and stop processing your data, you can file a complaint with the Information Commissioner online. Moreover, you have the right to take legal action against the TV production and broadcaster, seeking both tangible and intangible damages under Section 168 of the Data Protection Act 2018 or Article 82 of the GDPR, as well as any owed royalties.
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    • The bailiff REFUSED TO SHOW HIS ID

    A bailiff is required to provide evidence of their identification to the debtor or any individual perceived to be in charge of the premises being attended. Failure to do so constitutes unlawful conduct on the part of the bailiff. In such a scenario, the individual has the legal right to remove the bailiff from the premises or property without facing any charges of obstructing an enforcement agent.
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    • The bailiff REFUSED TO SHOW THE WARRANT OF CONTROL

    Bailiffs are obligated to provide evidence of their authority to enter the premises to the debtor or any individual in charge of the premises being attended. This authority is granted through the warrant of control. If the bailiff declines to show the warrant, or shows a fake, they are not acting lawfully. In such instances, the bailiff can be lawfully removed from the premises without any charges of obstructing an enforcement agent. Bailiffs often withhold the warrant because they are aware that the debtor's name and/or the enforcement address stated on it is incorrect, or the warrant itself is defective.
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    • The bailiff does not have an ENFORCEMENT CERTIFICATE

    Any individual tasked with taking control of goods, unless a government official, must possess an enforcement certificate. Failure to do so constitutes an offence under section 63(6) of the Tribunals Courts and Enforcement Act 2007. If such a scenario arises, you have the option to report the matter to the police. However, if the police dismiss it as a civil matter, you can seek assistance from a specialised law firm that deals with cases involving police misconduct and corruption. These firms are equipped to initiate private prosecutions against both individual police officers and bailiffs.
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    • The bailiff sold your vehicle, and you were NOT GIVEN A VALUATION

    Before controlled goods are sold, the debtor is entitled to receive a valuation. The legislation permits valuations to be either independent or determined by the bailiff arbitrarily, but the most compelling valuation is one provided in writing by a dealer principal at a franchised dealership affiliated with the vehicle's manufacturer. Alternatively, for swift valuations, one can consult eBay completed (sold) listings for identical models and conditions of the vehicle.
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    • The Bailiff wheel-clamped (immobilised) SOMEONE ELSE’S VEHICLE

    Legislation stipulates that bailiffs are only permitted to take control of goods owned by the debtor. If the owner of the vehicle finds their property has been removed, they can initiate a THIRD PARTY CLAIM, alongside lodging a claim for damages under section 3 of the Torts (Interference with Goods) Act 1977.
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    • The Bailiff clamped MORE THAN ONE vehicle or goods valued much greater than the debt

    This situation may constitute "excessive levy." If both vehicles are taken, and the value of the lower-priced vehicle is adequate to cover the debt, you have grounds to claim damages for excessive levy. Furthermore, if the vehicles are clamped but not removed, you can seek damages for the unlawful deprivaiton of access to the vehicle with the higher value.
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    • The bailiff took PHOTOGRAPHS of documents and valuables around the house.

    If a bailiff hasn't established Controlled Goods Agreements concerning the items depicted in the photos, there's no justification for them to possess such images of your documents and valuables. These photos could potentially be exploited for identity theft or could facilitate future burglaries by revealing the location of your valuables. It's crucial to report this to the police, inform your bank, and demand that the bailiff company's data controller confirm the destruction of the photographs.
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    • Bailiff towed away your vehicle but FAILED to give or leave an INVENTORY.

    Regulations permit bailiffs to take goods, including vehicles, from the debtor's property, premises, or any public road. However, they are obligated to provide the owner with a detailed written inventory, as stipulated by law, outlining the items taken and their condition. This inventory must be delivered or left at the property or premises according to specific guidelines. If the bailiff fails to comply with these requirements, the debtor has the right to seek a court injunction compelling the bailiff to return the goods. This breach typically occurs when the bailiff removes a vehicle identified via an ANPR camera.
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    • The bailiff ATTENDED before 6AM or after 9PM

    If you observe, or your doorbell video camera sees bailiff action at your property prior to 6am, it is imperative to contact the police immediately via 999. The timing of this call is recorded in the CAD (Computer Aided Dispatch) system, serving as indisputable evidence when challenging non-compliant enforcement. It's a prevalent tactic for bailiffs to operate during the night or in darkness, often using an ANPR camera to find and clamp vehicles before 6am, then falsely recording their attendance as 06.05am. If either you or a doorbell video captures enforcement activity occurring before 6am, the enforcement process is invalid, enabling you to pursue damages.
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    • The bailiff threatened you with a LOCKSMITH

    There exists no specific law permitting bailiffs to enlist the services of a "locksmith" or forcibly enter residences. The term "locksmith" in bailiff terminology implies the authority to enter through reasonable means. However, there is no legal provision authorising bailiffs to forcibly enter domestic premises to recover unpaid PCNs. Bailiffs are entitled to enter through an unlocked door but not an open window. Should a key be present in the lock, they may turn it to unlock the door; however, they are prohibited from using keys found beneath doormats or from a landlord to unlock doors.
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    • The bailiff REFUSED TO EXPLAIN HIS FEES and charges.

    Bailiffs frequently impose a charge for clarifying their fees and expenses. Legislation mandates that all fees and disbursements must be clearly outlined in the Notice of Enforcement. Failure to adhere to this requirement enables you to reclaim any fees already paid. You can pursue a DETAILED ASSESSMENT hearing, during which the court will scrutinise the bailiffs' fees, typically resulting in the creditor (council) paying indemnity costs.
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    • The bailiff charged "STORAGE FEES" for keeping your vehicle

    Regulations allow bailiffs to recover regulated prescribed fees. Although storage fees are not explicitly prescribed, they are subject to regulation. The law stipulates that these fees must be both "reasonable" and "actual" to be recovered from debtors. You can seek reimbursement for these fees after reclaiming your car or opt for a DETAILED ASSESSMENT hearing to assess whether the storage fees accurately reflect the costs of professional vehicle storage services.
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    • Your car is removed to a compound a LONG WAY AWAY

    Legally, bailiffs are obligated to remove goods to a reasonable distance from the debtor. You have the right to request that the bailiff return the car to a location closer to where it was taken, or alternatively, ask them to cover the costs of a vehicle transport service for this purpose. In exceptional circumstances, you can apply to the court for an order compelling the bailiff to bring the car to a more convenient location for you. Failure to comply would constitute a breach of regulation 19 of the Taking Control of Goods Regulations 2013. Another option available to you is to use the Pay and Reclaim strategy.
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    • BLACKMAILED. Deploy "Pay & Reclaim"

    If a bailiff demands payment for a debt that you don't owe, it's an offence under section 21 of the Theft Act 1968. However, the police often regard such crime as a civil matter. In such situations, you might consider using the "Pay & Reclaim" approach, where you initially comply with the demand and then seek to reclaim the amount through legal means. Should your vehicle be clamped or removed, you have the right to reclaim it. This strategy puts significant pressure on the bailiff, as they become responsible for covering the costs of defending your claim, irrespective of the outcome. This often renders it financially unfeasible for the bailiff company to pursue the case further.
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    • The bailiff wrote on a document you paid VOLUNTARILY

    The bailiff is seeking to hinder your attempts to recover the money taken by asserting that your payment was made "voluntarily." This situation commonly arises when you're compelled to settle someone else's debt under the threat of having your goods removed. In your claim, you must assert that the bailiff added the comment on the receipt AFTER taking the money from you and that there was no prior agreement established. Your payment was made following a threat of having your possessions removed.
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    • You PAID THE PCN TO THE COUNCIL but they say they gave the money to a bailiff company

    Once the "Amount Outstanding" is paid to the creditor after the bailiff company's involvement, the enforcement power granted by the warrant of control becomes a nullity. There are no enforcement regulations permitting councils to transfer public funds to a private company or to revalidate a warrant in this manner. The council's actions are aimed at safeguarding the financial interests of the bailiff company, misleading you into thinking the warrant is still active when it is not. According to official government statements, bailiffs are not authorised to enforce fee payments once the enforcement power has ceased to be exercisable.
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    • The bailiff said he is a "High Court Enforcement Officer"

    An enforcement agent, commonly referred to as a "bailiff," is prescribed as an "individual" according to section 63 of the Tribunals Courts and Enforcement Act 2007. Likewise, a High Court Enforcement Officer holds prescribed status under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff falsely claims to be a High Court Enforcement Officer, he breaches section 2 of the Fraud Act 2006, constituting "fraud by false representation." It is imperative to note that enforcement agents are not authorised to use the term "officers"; they are properly designated as "agents. Bailiffs frequently refer to themselves as "High Court Enforcement Agents," a term that can be misleading since bailiffs are authorised by County Courts. This designation seems to play on the phrase "High Court," creating the impression of a higher level of authority than they actually possess."
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    • The bailiff CALLED THE POLICE

    If a bailiff claims to have contacted the police, you can obtain the call details from the police CAD (Computer Aided Dispatch) system by contacting them on 101. This not only verifies whether the bailiff indeed made the call but also provides insight into the content of their communication with the police. You have the right to access this information under section 45 of the Data Protection Act 2018. It's a common tactic employed by bailiffs to intimidate individuals by suggesting police involvement. The CAD reports can serve as evidence if a bailiff contradicts its contents in a witness statement.
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    • You are getting NUISANCE TEXT MESSAGES from a bailiff company

    Bailiff companies occasionally send text messages to mobile numbers they suspect belong to debtors to trace missing individuals and elicit a response to confirm identity and obtain their address. It's crucial not to engage with unsolicited or unwanted text messages. Even if the sender's identity is concealed, you can report such messages to the Information Commissioner's Office with a complaint under Section 1 of the Protection from Harassment Act 1997 by completing an online form.
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    • The CONTROLLED GOODS AGREEMENT is not compliant with regulations

    The controlled goods agreement is a regulated arrangement between a bailiff and a debtor. If the agreement does not adhere to the regulations specifying its necessary components, it becomes invalid. Common reasons for the failure of a controlled goods agreement include the bailiff's failure to accurately identify the listed goods or to provide precise quantities taken into control, often relying on estimates. Additionally, these agreements may fail if the listed goods do not belong to the debtor.
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    • The bailiff jammed his BOOT into the DOOR to stop you closing it.

    According to the law, bailiffs are permitted to enter a property using "reasonable force." However, forcibly jamming a boot into a door constitutes the use of force against individuals. It's important to note that the authority to use force does not extend to using force against individuals under the law.
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    • The bailiff filmed you with a BODYCAM (body-worn camera)

    If you're initiating a claim against a bailiff who wears a bodycam, and the footage would support your case, you're entitled to request a copy of it. Should the bailiff refuse or cite the Data Protection Act, proceed with your claim. In the event that the bailiff later relies on the footage in their defence, you can apply to the court to dismiss their defence statement. Essentially, the bailiff's own actions could work against them in this scenario.
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    • The bailiff damaged your BUSINESS REPUTATION

    If a bailiff discloses your debt to third parties, you have grounds to seek compensation. To do so effectively, you need to determine the financial harm suffered and have any individuals contacted by the bailiff testify in court, providing sworn statements as evidence. Otherwise, demonstrating damage to your reputation and quantifying your claim can pose challenges.
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    • The bailiff looked like POLICE

    If a bailiff dons clothing resembling police attire or possesses items like a badge resembling those used by police officers, with the intention to deceive or impersonate, they commit an offence under Section 90 of the Police Act 1998. If you record such behaviour, you can report it to the police for further action.
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    • 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.

    The law stipulates that any item being used by an individual cannot be taken if it's likely to cause a breach of peace. This extends to any vehicle being driven by an individual. If the police allege that you caused a breach of peace after something was taken from you abruptly, the accusing officer may commit an offence under section 26 of the Criminal Justice and Courts Act 2015. In such cases, you can pursue damages for breaching Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
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    • The bailiff committed a crime against you IN THE PRESENCE OF POLICE

    Police forces often categorise bailiff-related issues as a "civil matter" and limit their involvement to "preventing a breach of the peace". However, this advice is inaccurate because the statutory duty of the police is crime prevention. If a police officer witnesses a bailiff committing an offence and fails to act, you can pursue a claim for negligence of that duty. According to the law, the officer must arrest the suspect, and their failure to do so constitutes an offence under Section 26(5) of the Criminal Justice and Courts Act 2015. In such instances, you have the right to initiate a private prosecution. Seeking assistance from a solicitor specialising in cases involving abuse of police power and privilege is advisable for further legal proceedings.
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    • The police ARRESTED you, or THREATENED to arrest you

    If you face charges of "obstructing an enforcement agent" as outlined in Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007, and it's determined that the enforcement agent was not acting within the bounds of the law, then you are not liable for the offence. Similarly, if you are accused of "interfering with controlled goods" but the bailiff did not lawfully take control of them, you are not culpable for the offence. Seeking legal representation promptly is crucial in such situations. Should you face a wrongful threat of arrest for a charge you did not commit, you have the option to file a complaint against the police officer with the police Professional Standards Department for the misuse of police authority. Furthermore, if you were arrested and subsequently released without charges, you have grounds to pursue legal action for false arrest and unlawful imprisonment. It's advisable to seek expert assistance in pursuing these claims against the police force.
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    • You have been CHARGED with an offence

    If you are innocent of the alleged offence, you have the right to pursue legal action against the police force for wrongful imprisonment, false arrest, and in certain instances, malicious prosecution. If it's determined that the arresting officer carried out the arrest with the intention of causing annoyance or to assist a bailiff in causing or exposing you to an unlawful loss, you can initiate legal proceedings against the police force. Additionally, you can provide the Crown Prosecution Service with the opportunity to discontinue the case against you on the basis that there is no likelihood of a conviction. Building a solid case against a police force requires the expertise of legal professionals.
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    • You were INJURED or ASSAULTED by a bailiff

    It is imperative that you promptly seek medical assistance as time is of the essence at this juncture. This action is essential as it lays the foundation for initiating a Personal Injury Claim, wherein medical evidence plays a pivotal role. This claim can be pursued against the creditor, the bailiff, or the bailiff company, or a combination of all three. Typically, the bailiff company carries liability insurance to address such claims and provide compensation. Additionally, you have the option to complain to the police, potentially for offences ranging from common assault to Actual Bodily Harm, contingent upon the severity of your injuries. They may categorise the offence as a civil matter.
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    • The bailiff DAMAGED your property or vehicle

    Once a bailiff assumes control of goods or a vehicle, legal responsibility for their safekeeping transfers to the bailiff. If your belongings sustain damage during this period, or if your goods are returned to you in a damaged state, the law entitles you to pursue compensation for repair costs or replacement expenses. It is imperative to provide indisputable evidence demonstrating that the damage was caused by the bailiff. One effective method is to record a video when the bailiff interacts with your belongings or vehicle. Should your video evidence confirm that your items were undamaged when the bailiff initially took control of them, the bailiff's ability to mount a defence against your claim is significantly weakened.
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    • You want to make a FORMAL COMPLAINT about a bailiff

    Bailiffs often direct complaints to their own company or their trade association, but this avenue can be futile as trade associations typically align with the interests of the enforcement industry. They may respond with superficial gestures and prolonged correspondence, ultimately leading to frustration and abandonment of the complaint. While there is an official route to lodge a complaint against a bailiff, it is primarily focused on questioning the bailiff's fitness to hold a certificate. Unless there is compelling evidence demonstrating the bailiff's unsuitability, such as undisclosed convictions, involvement in criminal activities, fraudulent behaviour, or a lack of proficiency in enforcement regulations, this approach may not yield significant results. Instead, pursuing a claim for damages can be more effective, as it directly impacts the bailiff's finances, serving as a potent deterrent.
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    • You want to PROSECUTE the bailiff

    Any individual has the right to initiate a private prosecution, although it requires collecting evidence, drafting a witness statement, and affording the police an opportunity to investigate the alleged crime and interrogate the accused. In instances where law enforcement dismisses the matter as a civil matter, engaging a specialised legal firm enables the pursuit of both criminal and civil actions against implicated police officers and bailiffs.
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