Previous keepers address
When bailiffs take control of a vehicle, they must give the debtor a notice,[1][2][3] and an inventory,[4] which must be left in a sealed envelope addressed to the debtor.[5]
When bailiffs clamp a car, they normally attach a document called a written Warning of Immobilisation.[6]
The regulations do not require a Warning of Immobilisation to have an address on it.[7][8]
The Warning of Immobilisation must give the time the vehicle was clamped, there is an unpaid debt, the name and contact number for the bailiff, and any reference numbers.
In this example, the bailiff did not give the time, which makes this notice in breach of regulation 16(4)(b) of the Taking Control of Goods Regulations 2014.
Some bailiffs make their name illegible, so they cannot be identified for bringing proceedings for enforcement impropriety.
This example from Ross and Roberts does not say it is a Warning of Immobilisation, (written warning on immobilisation)[sic], making it a breach of regulation 31 of the Taking Control of Goods Regulations 2013.[9]
If a bailiff has written an address on the document, then it is likely the bailiff knows the vehicle keepers address does not match the address on the warrant of control, and he knows he is taking control of goods that do not belong to the debtor.[10][11]
[1] Paragraph 33 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Regulation 30 of the Taking Control of Goods Regulations 2013
[3] Regulation 31 of the Taking Control of Goods Regulations 2013
[4] Paragraph 34 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 33 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Regulation 31 of the Taking Control of Goods Regulations 2013
[7] Regulation 16(3) of the Taking Control of Goods Regulations 2013
[8] Regulation 18(4) of the Taking Control of Goods Regulations 2013
[9] Regulation 31 of the Taking Control of Goods Regulations 2013. States warning on immobilisation might be a typo in the legislation
[10] Contrary to Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[11] See Making a third-party claim
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