The name on the V5 was changed after getting a PCN. Can bailiffs just turn up at our new address?

Bailiffs cannot take control of goods at a debtor's new address under a warrant showing the debtor's previous address.

The law says, when a debtor has changed address, the council must re-apply for a new warrant specifying the debtors new address.^[1]

If the bailiff attending a debtors current address is carrying a warrant showing the debtors previous address, then the warrant is called a defective instrument and the debtor can sue for damages.^[2]

There is a test to see whether the debtors address on the warrant is current.

Call the Traffic Enforcement Centre (the TEC) on 0300 123 1059.

Press 4 to skip the robot and be put in line to speak to an agent. They ask you to give the PCN number first. Then the agent will ask you to complete a security check by 'confirming' your postcode.

If you recently moved, or have a different address showing on your vehicle's V5 with the DVLA, then give that postcode in the security check.

If the TEC accepts the postcode and you pass the security check, then you have shown the enforcement address on the warrant of control is not current, and is a defective instrument and its enforcement power ceases to be Exercisable.^[3]

The warrant now proves you were not given a statutory Notice to Owner (NTO).^[4] It also shows that the bailiff has taken the law into his own hands and traced you,^[5] and are now trying enforcement action knowing you have not been given a statutory Notice of Enforcement (NOE).^[6]

If a bailiff takes control of goods at a debtors current address under a warrant of control stating the debtors previous address, the debtor may recover damages,^[7] and may apply for an injunction to recover those goods.^[8]

^{[1] Civil Procedure Rule 75.7(7)

[2] Paragraph 66 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007

[3] Paragraph 6.3(c) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007

[4] Contrary to: Section 172 of the Road Traffic Act 1988

[5] Contrary to: Paragraph 12 of the Taking Control of Goods: National Standards, published by the Ministry of Justice April 2012.

[6] In breach of: Paragraph 7.1 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007

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

[8] Section 4 of the Torts (Interference with Goods) Act 1977}