Bailiff took control of goods while being used by someone

Bailiffs may not take control of goods or a vehicle that is being used by someone because it may cause a breach of the peace.

An example scenario is you are out with the car and while parked, a bailiff finds it with an ANPR van and clamps it.

If the police are called because there is a breach of the peace, or a police officer accuses you, or anyone else of committing a breach of the peace, the enforcement fails and you can recover damages by bringing an action against the bailiff company and the creditor jointly.

If a breach of the peace takes place, or a police officer makes an arrest for breach of the peace after a bailiff takes control of an article or vehicle, the enforcement fails. This because the enforcement is in breach of paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and regulation 10(2) of the Taking Control of Goods Regulations 2013.

Items being in use by somebody include

Mobile phone, including being used to video-record the bailiff

Computer or tablet

Keys

Cash

A machine such as a television or washing machine that is in operation

Vehicle being used or driven by someone

Any vehicle taken into control by a bailiff during a police road traffic stop

A vehicle being used by someone may include any vehicle parked away from its usual address while it is being used by someone

A bailiff snatching keys out of a vehicle occupied by someone is at risk of causing a breach of the peace.


The Law:

Paragraph 13 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

(2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—

(a)determining the time when control is taken;

(b)prohibiting use of any of those ways for goods by description or circumstances or both.

(4)A controlled goods agreement is an agreement under which the debtor—

(a)is permitted to retain custody of the goods,

(b)acknowledges that the enforcement agent is taking control of them, and

(c)agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid.

Regulation 10 of the Taking Control of Goods Regulations 2013 states:

Circumstances in which the enforcement agent may not take control of goods

(1) The enforcement agent may not take control of goods of the debtor where—

(a)the debtor is a child;

(b)a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or

(c)the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.

(2) Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.

(3) In paragraph (2), "in use" means that the item is in the hands of, or being operated by, the person.