Bailiff took your car without giving notice

Bailiffs have the authority to clamp and tow vehicles from public roads or private property, but they are required to provide the debtor with a written notice, known as an "inventory."

Failure to adhere to this legal requirement may lead to liability for damages due to breach of Provision 34 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The legislation also specifies the format and contents of the notice, as well as the method by which it must be delivered to the debtor or left at their property or premises.

This is what an Inventory should look like.

The magic word - "MAY"

According to the law, you possess the entitlement to initiate legal proceedings, although the court retains full discretion in determining whether to issue the order. Paragraph 66(5) of Schedule 12 stipulates that the court has the authority may: (a)order goods to be returned to the debtor. It is important to note that the law does not mandate the court to do so.

The Law:

Paragraph 13(1) 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—

(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.

Paragraph 33 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

(1)If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing.

(2)Regulations must state—

(a)the form of the notice;

(b)what information it must give.

(3)If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.

(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 34 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Inventory

(1)If an enforcement agent takes control of goods he must provide the debtor with an inventory of them as soon as reasonably practicable.

(2)But if there are co-owners of any of the goods, the enforcement agent must instead provide the debtor as soon as reasonably practicable with separate inventories of goods owned by the debtor and each co-owner and an inventory of the goods without a co-owner.

(3)The enforcement agent must as soon as reasonably practicable provide the co-owner of any of the goods with—

(a)the inventory of those goods, and

(b)a copy of the notice under paragraph 28.

(4)Regulations must state—

(a)the form of an inventory, and

(b)what it must contain.

Regulation 30 of the Taking Control of Goods Regulations 2013 states:

Form and contents of notice after entry, and/or taking control of goods on a highway

(1) This regulation applies to the notices required by paragraph 28(1) and paragraph 33(1) of Schedule 12.

(2) Subject to regulations 31 and 32, the notice must be in writing, be signed by the enforcement agent and contain the following information—

(a)the name and address of the debtor;

(b)the enforcement agent’s name, the reference number or numbers and the date of the notice;

(c)that the enforcement agent has done one or more of the following—

(i)entered the premises;

(ii)taken control of goods on a highway;

(iii)entered a vehicle on a highway with the intention of taking control of goods;

(d)the address of the premises which the enforcement agent has entered or the location on the highway where the enforcement agent has taken control of goods or entered a vehicle;

(e)where a vehicle on a highway has been entered with the intention of taking control of goods, the manufacturer, model, colour and registration mark of that vehicle; and

(f)whether or not the enforcement agent has taken control of goods of the debtor and, if so, the location where and the time when control has been taken of the goods and—

(i)a list of the goods of which control has been taken with a description to enable the debtor to identify the goods correctly, including, where applicable—

(aa)the manufacturer, model and serial number of the goods;

(bb)in the case of a vehicle, the manufacturer, model, colour and registration mark of the vehicle; and

(cc)the material, colour and usage, and (where appropriate) any other identifying characteristic, of the goods;

(ii)the amount of the sum outstanding as at the date of the notice;

(iii)the date and time by which the sum outstanding must be paid to prevent the controlled goods being sold;

(iv)how and between which hours and on which days payment of the sum outstanding may be made; and

(v)that the controlled goods will be released on payment in full (or may be released on part payment) of the sum outstanding.

(3) Where the enforcement agent is—

(a)re-entering premises under paragraph 16 of Schedule 12 to inspect goods of which control has previously been taken; and

(b)not using force to effect the re-entry,

the requirement to provide notice under paragraph 28(1) of Schedule 12 does not apply.

(4) Paragraph (2)(f)(i) is complied with if—

(a)the enforcement agent provides the debtor with a list of goods of which control has been taken under regulation 15(3)(e) or regulation 33(1)(e) at the same time as the notice; and

(b)the goods of which control has been taken are the same as those referred to in the list mentioned in sub-paragraph (a).