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:
Procedure
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:
(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(5) (repealed)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—
Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(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—
Paragraph 66 of Schedule 12 of the 2007 Act states:
66(1)This paragraph applies where an enforcement agent—
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—