Yes
Bailiffs may take control of a vehicle owned by the debtor,[1] even if the bailiff does not get the keys, the V5 or the service history.
The risks associated with removing vehicles without the keys are:
The bailiff cannot move the vehicle under its own power, making it expensive transporting it.
Moving a vehicle around the compound using a forklift truck damages the underbody to the vehicle, creating a liability for the bailiff.[2][3]
The vehicle is devalued because buyers at auction must get their own keys from a manufacturer dealership, and proving ownership, rather than possessing a stolen vehicle, is complex.
The vehicle's service history documents are separated from the vehicle.
The debtor still holds the keys to the vehicle, creating a risk to the new buyer because the debtor can retake the vehicle using the original keys.
If the vehicle is on hire purchase, the auction buyer never owns it or achieves good title over it. The property in the vehicle is not bound under the enforcement power,[4] because it has never belonged to the debtor. Therefore, any interest in the vehicle is not assigned or transferred away from the debtor,[5] unless the buyer bought the vehicle in good faith.[6]
[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Regulation 34 of the Taking Control of Goods Regulations 2013
[4] Paragraph 4 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 5(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Paragraph 5(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
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