Bailiffs took your vehicle to a pound a long way away
If a bailiff has released your vehicle but requires you to retrieve it from a distant pound, you have the option to request that the vehicle be returned to a location closer to you or to cover the expenses for transporting it to a more convenient location.
According to the law, bailiffs are obliged to secure the debtor's goods within a reasonable distance. If the goods are secured far from the debtor, the bailiff is in violation of Paragraph 13(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. In such cases, the debtor can seek reimbursement for the expenses incurred in returning the vehicle to a reasonable distance by submitting a claim under paragraph 66 of Schedule 12.
The location where the vehicle is secured must be indicated on the document known as a Notice that goods have been removed for storage or sale. Failure to provide this notice results in a breach of Paragraph 33 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
Furthermore, legislation mandates that the bailiff inform the debtor of the place of sale. Failure to provide this information or its absence on the notice constitutes a breach of Paragraph 40 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
The debtor has the recourse to claim the costs of bringing the vehicle to a reasonable distance under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
Before resorting to collecting the vehicle from its storage location and seeking reimbursement through the small claims court, the debtor must afford the creditor and bailiff company a reasonable opportunity to bring the vehicle within a reasonable distance.
An email and text message should be sent to notify the creditor/council and the bailiff company, providing them with the chance to relocate the vehicle to a more convenient location or cover the expenses for transportation if the vehicle needs to be collected from their distant pound.
Capture a screenshot of the email you sent to document the time it was dispatched, and use it as evidence in your claim.The Law:
Paragraph 13 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(1)To take control of goods an enforcement agent must do one of the following—
(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision
Paragraph 33 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(2)Regulations must state
(4)Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.
Paragraph 40 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(2)Regulations must state—
(4)Any notice must be given within the permitted period.
(5)Unless extended the permitted period is 12 months beginning with the day on which the enforcement agent takes control of the goods.
(6)Any extension must be by agreement in writing between the creditor and debtor before the end of the period.
(7)They may extend the period more than once.
Regulation 32 of the Taking Control of Goods Regulations 2013 states:
(3) Paragraph (1)(b) is complied with if the enforcement agent provides the debtor with a copy of the inventory required by paragraph 34 of Schedule 12 at the same time as the notice, which describes all goods removed to storage or for sale.