When removing your car or vehicle, the bailiff will take it to a vehicle compound.[1]
The bailiff must secure the vehicle in a place which is within a reasonable distance from the place where control was taken.[2]
When the amount outstanding is paid, the property in the vehicle ceases to be bound,[3] and the bailiff must release the vehicle to you.
If you applied to a court for the return of the vehicle with an injunction, the terms of the order usually require bailiffs to deliver up the vehicle to you,[4][5] or you can apply to the court for a writ of delivery,[6] or warrant of delivery.[7]
If the bailiff removed your car to a pound that is not within a reasonable distance from the place where control was taken, you must give the bailiff written opportunity to bring the vehicle to within reasonable distance.[8]
If the bailiff refuses to do so, you may apply to the court for an order for a writ or warrant of delivery.[6][7]
If the debt being enforced enforced in the High court, the debtor applies for a writ of delivery in the high court,[9] and in all other cases, the debtor may apply in either the county court for a warrant of delivery, or writ of delivery in the High Court.[10]
A alternative remedy is to collect the vehicle, then recover the cost and mileage of transporting it back within a reasonable distance from the place the bailiff took control of it.[11][[12]
"Reasonable distance" is not defined in the regulations. In 2017, Marston Group Limited took control of a debtors car in Weybridge KT13 and towed it to a compound in Harbet Road N18, this was deemed to be not within reasonable distance and the bailiff company was ordered to deliver up the car back to Weybridge.
Template Letter: Give the bailiff an opportunity to return the car to a reasonable distance from where he took control.[8]
Send the letter to the bailiff company and get a certificate of posting from the post office.
Give a copy of the letter to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the letter by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Paragraph 13(1)(c) of the Tribunals, Courts and Enforcement Act 2007
[2] Regulation 19 of the Taking Control of Goods Regulations 2013
[3] Paragraph 6(3)(a) of the Tribunals, Courts and Enforcement Act 2007
[4] Paragraph 66(5)(a) of the Tribunals, Courts and Enforcement Act 2007
[5] Section 4(2) of the Torts (interference with Goods) Act 1977
[6] Civil Procedure Rule 83.14
[7] Civil Procedure Rule 83.15
[8] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
[9] Paragraph 66(4)(a) of the Tribunals, Courts and Enforcement Act 2007
[10] Paragraph 66(4)(c) of the Tribunals, Courts and Enforcement Act 2007
[11] Paragraph 66(5)(b) of the Tribunals, Courts and Enforcement Act 2007
[12] Part 27 Civil Procedure Rules, small claims track
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