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
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:
(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—
Regulation 10 of the Taking Control of Goods Regulations 2013 states:
(1) The enforcement agent may not take control of goods of the debtor where—
(3) In paragraph (2), "in use" means that the item is in the hands of, or being operated by, the person.