Can a vehicle be taken if the debtor is a registered keeper but does not own the vehicle?

The bailiff may only take control of goods belonging to the debtor.^[1]

The Registered keeper of a vehicle is not necessarily the owner. It is simply a named person who is responsible for the vehicle's use on the road.

If a bailiff takes control of a vehicle that is owned by someone else, they may make a third-party claim to controlled goods.^[2]

The owner may also recover damages for the loss of his vehicle,^[3] together with costs.^[4][5][6]

Before taking control of a vehicle in the absence of the debtor, bailiffs are expected to make reasonable efforts to find out if a vehicle does belong to the debtor.^[7]

^{[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[2] Civil Procedure Rule 85.4

[3] Section 3 of the Torts (Interference with Goods) Act 1977

[4] Civil Procedure Rule 46.5

[5] Practice Direction 46.5 Rule 3.1

[6] Civil Procedure Rule 44.2

[7] Page 7 of the Local Government Ombudsman report: Taking Possession, Councils’ use of bailiffs for local debt collection 28 November 2012}