Bailiffs say the warrant is against a vehicle

Bailiffs are classroom-trained to say a warrant of control has been issued "against a vehicle". This is an error of law because warrants are issued against a debtor "the respondent", who is a person or a company.

If a bailiff claims to have a warrant against a specified vehicle, then the bailiff is lying. Warrants are court authority to take control of goods belonging to the respondent. The vehicle involved in the traffic offence is not necessarily the goods of the respondents

The law governing the issue of warrants of control is Civil Procedure Rule 75.


The Law:

Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

An enforcement agent may take control of goods only if they are goods of the debtor.

Civil Procedure Rule 75 (CPR 75) states:

Request

75.3

(1) The authority must file a request in the appropriate form scheduling the amount claimed to be due.

(2) The authority must, in that request or in another manner approved by the court officer

(a) certify –

(i) that 14 days have elapsed since service of the notice of the amount due;

(ii) the date of such service;

(iii) the number of the notice of the amount due; and

(iv) that the amount due remains unpaid;

(b) specify the grounds (whether by reference to the appropriate code or otherwise), as stated in the notice, on which the authority claims to be entitled to claim that amount; and

(c) state –

(i) the name, title and address of the respondent;

(ii) the registration number of the vehicle concerned;

(iii) the authority's address for service;

(iv) the court fee; and

(v) such other matters as required by Practice Direction 75.

(3) On receipt of a request that meets the requirements of paragraphs (1) and (2), the court officer will order that the amount due may be recovered as if it were payable under a County Court order by registering the request and returning it to the authority.

(4) On receipt of a registered request the authority may draw up the order and must –

(a) insert in the order the date by which the respondent must either –

(i) comply with the order; or

(ii) file a statutory declaration or witness statement; and

(b) attach to the order a form of statutory declaration or witness statement for the respondent's use.

(5) The authority must serve in accordance with Part 6 the order (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.