Bailiff Charged Storage Fees To Get Your Vehicle Back
Bailiff companies often generate significant profits by imposing exorbitant fees for the storage of debtors' vehicles. This practice frequently exploits the lack of awareness among debtors that regulations explicitly cap recoverable storage charges to the actual expenses incurred and paid by the bailiff for storing the vehicle.
These companies commonly demand £48 per day for vehicle storage—a rate prescribed for local authorities under specific legislation. However, as commercial entities, bailiff companies are not entitled to benefit from this regulation.
Furthermore, bailiff companies often use the debtor's vehicle as leverage to secure inflated payments for storage fees, making it difficult for debtors to dispute these charges.
Under Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014, you may apply to the court for a review to determine whether the bailiff's storage fees are genuine, and meet a two-part test: the fee must be both "actually" and "reasonably" incurred. Debtors can also recover their legal expenses in this process.
The imposition of excessive storage fees is a widespread issue within the enforcement industry, and it underscores why bailiffs rarely agree to a Controlled Goods Agreement or a manageable payment plan—it is primarily a pursuit of profit.
If bailiffs have compelled you to pay storage fees, you should demand that the company provide evidence of the payment flow. Such evidence must include bank statements showing the money the bailiff paid for storage, along with sales invoices from the storage facility.
Should the bailiff fail to provide this evidence, you are entitled to apply for a detailed assessment in court under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 and Civil Procedure Rule 84.13. The court will scrutinise whether the bailiff genuinely incurred the fees under a two-part test.
The two-part test requires the bailiff to have a valid reason for charging storage fees, and he must have actually paid those fees.
You can apply to the court to demand the bailiff to produce evidence of these payments, including the corresponding invoices, and the court may decide if the fees are reasonable and actual under the regulations.