Enforcement fails because the debtor must be given a Notice of Enforcement before the bailiff takes control of goods.[1]
Enforcement may only take place in England and Wales[2] where the debtor usually lives or carries on a trade or business.[3]
If the debtor shows evidence he did not live or work at the enforcement address on the date the enforcement power was issued by the court,[4][5][6][7] the debtor may recover damages.[8][9] and apply to the court for the return of goods.[10]
[1] Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Section 147(2) of the Tribunals Courts and Enforcement Act 2007
[3] Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Parking or Traffic Debt: Civil Procedure Rule 75.7
[5] Writ of Control: Civil Procedure Rule 83.19
[6] Magistrates' Court Fine: Section 76 of the Magistrates Courts Act 1980
[7] Council Tax: Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992
[8] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Section 3 of the Torts (Interference with Goods) Act 2007
[10] Section 4 of the Torts (Interference with Goods) Act 2007
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