The vehicle was removed from premises that are not your usual residence or business location.

According to the law, bailiffs are only permitted to immobilise or remove vehicles (goods) from locations where the debtor typically resides or conducts business.

A company director is not held personally responsible for the debts of the company.

A bailiff can seek specific authorisation to remove goods from other premises by applying to a court, and must carry and present a copy of the order upon request during their attendance.

Enforcement actions are unsuccessful when a vehicle is removed from an assigned parking space that does not belong to the debtor.

Vehicles can be removed from any highway in England and Wales.


Relevant Premises is:

Any location where the debtor typically resides and conducts business activities

Any highway in England and Wales

Any address where the bailiff has obtained an order from a court to attend a specied address and remove goods belonging to the debtor


Procedure

Notify the bailiff company, the bailiff, and if identified, the creditor that the goods are not located on "Relevant Premises". Provide them with a deadline to return the goods and specify the consequences if they fail to do so.

If the goods are not returned by the deadline, initiate legal action by applying for an injunction accompanied by a Claim Form, a witness statement, exhibits, and a draft order.

f you have a low income, apply for court fee remission online and indicate the application reference number on your Form N16A.

Attend the scheduled hearing.

Serve (give) a copy of the order to the bailiff company and, if known, the creditor.

Upon compliance with the order by the bailiff company and the return of the goods, the court schedules a subsequent hearing where both the bailiff company and the creditor attend. The court then determines your costs incurred in bringing the application.

The defendant, either the bailiff company or the creditor, is typically required to cover your costs within 14 days.

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Ensure the vehicle is returned to its original location. Decline any invitation from the bailiff company to have the vehicle delivered to your residence, business address, or any highway

The bailiff will promptly repossess it as it is now on relevant premises.

If a bailiff company only agrees to "release" the vehicle, you have the right to claim the cost of vehicle transportation and inspection because the law stipulates that the goods must be "returned" to the debtor.

Upon the vehicle's return, conduct a thorough vehicle inspection and promptly report any damage or missing items. Refrain from signing any document upon its release. The bailiff is complying with a court order.


Request the bailiff to return the goods by a specified deadline, providing evidence that the location where they were taken is not relevant premises or a public highway. Clearly outline the consequences if they fail to comply.

Capture a screenshot of the sent email, including the timestamp of when it was sent.

The Law:

Paragraph 14 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Entry without warrant

(1)An enforcement agent may enter relevant premises to search for and take control of goods.

(2)Where there are different relevant premises this paragraph authorises entry to each of them.

(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

(5) (repealed)

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor

(a)usually lives, or

(b)carries on a trade or business.

Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Entry under warrant

(1)If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.

(2)Before issuing the warrant the court must be satisfied that all these conditions are met—

(a)an enforcement power has become exercisable;

(b)there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(c)it is reasonable in all the circumstances to issue the warrant.

(3)The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

Paragraph 66 of Schedule 12 of the 2007 Act states:

Remedies available to the debtor

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)in any other case, in the High Court or the county court.

(5)In the proceedings the court may

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).