How to stop a bailiff taking exempt work vehicles or goods

Right to Recover Exempt Goods

Where a bailiff has taken control of or immobilised goods that fall within the category of exempt items, you are entitled to seek their return and to prevent any intended sale. The law is clear on this point. Paragraph 4 of the Taking Control of Goods Regulations 2013 sets out the categories of goods that are exempt from enforcement, including a vehicle used in the course of the debtor’s employment, trade or profession, provided its auction value does not exceed £1,350. The correct valuation for this purpose is not based on speculative retail pricing but on its auction value, which reflects the amount it would likely realise at a forced sale.

Establishing Auction Value

Auction value can be established by referring to the average sale price of comparable vehicles sold through platforms such as eBay within the preceding thirty days. This method has been judicially endorsed. In proceedings involving Newlyn Plc, solicitor Peter Felton Gerber successfully argued before the court in 2017 that auction value should be the determinative measure. The court accepted this position, and it now forms the appropriate benchmark.

Legal Consequences of Unlawful Enforcement

If the vehicle qualifies as exempt under the 2013 Regulations and is nevertheless removed or clamped, that enforcement action is unlawful. Paragraph 11(1)(b) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 prohibits enforcement agents from taking control of exempt goods. A breach of this provision not only renders the enforcement void but also gives rise to a right to claim damages. The proper basis for recovery includes loss of earnings, the reasonable cost of a hire vehicle, and any provable consequential losses arising from the wrongful deprivation of the exempt vehicle.

Time Limits and Further Remedies

Importantly, the claim to recover exempt goods must be made within seven days of the removal. This deadline is strict. You must provide contemporaneous evidence demonstrating that the vehicle was in active use for employment or trade purposes, and that its auction value did not exceed the statutory threshold. Should this period elapse without action, you may still pursue a claim for damages under sections 3 and 4 of the Torts (Interference with Goods) Act 1977. This statutory remedy enables recovery for wrongful interference with goods and includes claims for conversion and damage to property. It is also the appropriate route where items have been removed and later returned in a damaged condition or with parts missing.

Risks of Relying on Non-Compliant Forms

One must exercise caution when engaging with bailiff companies about exempt goods. It is not uncommon for enforcement firms to provide forms or procedures that fail to comply with the requirements of Civil Procedure Rule 85.8. This rule governs third-party claims to goods subject to enforcement and requires strict procedural compliance. Use of the wrong process, or reliance on documents outside the prescribed framework, may result in the court rejecting the claim irrespective of its substantive merit.

Protecting Your Position

To protect your position, you should gather clear proof of ownership, documentary evidence of the vehicle’s trade use, and recent auction valuations. A well-supported claim served promptly may not only prevent further enforcement but place you in a position to recover full damages for the bailiff’s wrongful act. Given the procedural complexity and the frequency of non-compliant forms issued by enforcement companies, it would be sensible to have a legally correct notice prepared under CPR 85.8 supported by a brief statement of truth and evidence of exempt status. This approach will place you in the strongest possible position to reclaim what was taken and recover any consequential losses.