Bailiff attended before 6am or after 9pm any day of the week

Enforcement fails and everything that follows is revoked.

 

Paragraph 25(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

25(1)The enforcement agent may enter and remain on the premises only within prescribed times of day.

 

 

Those prescribed time of day are given in regulation 13 of the Taking Control of Goods Regulations 2013, which states;

13.—(1) Subject to paragraph (2), the enforcement agent may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day.

(2) Paragraph (1) does not apply where—

(a)the court, on application by the enforcement agent, orders otherwise;

(b)goods are located on the debtor’s or another person’s premises which are used (whether wholly or partly) to carry on a trade or business and the premises (or part of the premises) are open for the conduct of that trade or business during hours that are prohibited under paragraph (1); or

(c)the enforcement agent has begun to take control of goods during hours that are not prohibited under paragraph (1), or during hours to which paragraph (1) does not apply by virtue of sub-paragraph (a) or (b), and to complete taking control of goods it is reasonably necessary for the enforcement agent to continue to do so during prohibited hours, provided the duration of time spent in taking control of goods is reasonable.

 

If the bailiff has breached paragraph 25(1) of Schedule 12, then you can bring an action under paragraph 66(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states.

 

(1)This paragraph applies where an enforcement agent—


(a)breaches a provision of this Schedule, or

...

(3)But the debtor may bring proceedings under this paragraph.

 

There is one exception, regulation 13(b). If the premises is a commercial premises and the business is trading at the time the enforcement agent attended, e.g. a pub or a taxi firm

 

Make a sworn statement proving the bailiff attended outside prescribed hours.

 

 

Guideline 55 of the Taking Control of Goods: National Guidelines 2014 says Enforcement agents should observe Christmas, Easter and other religious festivals.

 

Here is how to bring a claim in the small claims court

 

 

 

 

 

Clamped vehicle on a highway

Paragraph 32 (1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

32(1)The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day.

 

Regulation 13 of the Taking Control of Goods Regulations 2013 states;

13.—(1) Subject to paragraph (2), the enforcement agent may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day.