Bailiffs attend a directors home for a company parking ticket.

Bailiffs may only take control of goods that belong to the debtor.^[1] If the debtor is a company that does not trade from the directors home, the bailiff may not take an enforcement step at that address.^[2]

A company and its directors are completely separate legal entities.^[3]

The bailiff may only take control of goods after giving a Notice of Enforcement,^[4][5] and may only take control of goods at the address specified on the warrant of control,^[6] or on a highway.^[7]

If the bailiff takes control of goods not belonging to the debtor, the owner can make a third party claim,^[8] and recover his costs,^[9] even if he represents himself in person.^[10][11]

If a bailiff takes money from a director for his company's liability under the pain of taking his goods, the director may recover that money together with interest up to 8% from the date the bailiff took the money.^[12]

The bailiff may apply to the court for authority to begin enforcement at another address, but that authority must be applied for separately,^[13] and must show evidence of that authority on demand of the debtor or anyone in charge of the property being attended.^[14]

If bailiffs are harassing a director for a debt owed by his company, the director, or a member of his family may apply for an injunction,^[15] and recover damages caused by the harassment and any financial loss resulting from the harassment.^[16]

Template: Notice of intention to apply for an injunction.^[17]

Send the Notice to the bailiff company and get a certificate of posting from the post office.

Give a copy of the notice 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 notice 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 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 14(6)(b) Tribunals, Courts and Enforcement Act 2007
[3] Section 1 of the Companies Act 2006
[4] Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 33(4) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Paragraph 14(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] Paragraph 13(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Civil Procedure Rule 85.6
[9] Civil Procedure Rule 44.2
[10] Civil Procedure Rule 46.5
[11] Part 3.1 Practice Direction 46.5
[12] Section 69 of the County Courts Act 1984
[13] Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[14] Paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[15] Section 3 of the Protection from Harassment Act 1997
[16] Section 3(2) of the Protection from Harassment Act 1997
[17] Rule 6. Practice Direction – Pre-Action Conduct And Protocols}