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:

Ways of taking control

(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.

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

(1)Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain (besides the date, time and place of sale);

(d)how it must be given.

(3)The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(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:

Additional notice requirements where goods are removed for storage or sale

(1) Where control is taken of goods of the debtor under paragraph 13(1)(c) of Schedule 12 or controlled goods are removed to storage or for sale, the notice under regulation 30(1) must also contain the following information—

(a)that the enforcement agent has removed controlled goods to secure storage or for sale;

(b)a list of the goods so removed (where the goods are different to those included in a list provided by virtue of regulation 30(2)(f)(i);

(c)the date of removal of the goods to storage or for sale;

(d)the daily or weekly storage charge payable, where the goods are removed to storage; and

(e)the procedure for collection by or on behalf of the debtor of goods of which control has been taken on payment of the sum outstanding or on part payment of the sum outstanding where an agreement is made between the enforcement agent and the debtor.

(2) Where any of the information required by paragraph (1) is not known to the enforcement agent at the time of providing the notice to the debtor under regulation 30(1) the enforcement agent must provide such information, in writing, to the debtor, as soon as reasonably practicable.

(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.