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Protect your vehicle from bailiffs


Own and register it in a Ltd company

Register it in Scotland

Park it on a neighbours allocated parking space or driveway

Buy it on Hire Purchase and hold making the final payment

Lease it.

Display a disabled blue badge from inside the car

Its under £1,350, use it in your work trade or study

 

 

 

Own and register it in a Ltd company

The bailiff can only take control of goods belonging to the debtor. Goods belonging to a Ltd company are not yours.

If a bailiff takes control of a company owned vehicle, a director can make a third party claim

 

 

 

Register it in Scotland

A local authority cannot apply for a warrant of control when the registered keepers address is in Scotland.

The jurisdiction of Civil Procedure Rule 75 and the Traffic Enforcement Centre is limited to England and Wales.

Enforcement for unpaid PCN's on vehicles registered outside England and Wales using Schedule 12 is not possible. The council cannot issue a warrant to bailiffs.

 

 

 

 

Park it on a neighbours driveway or allocated parking space

Bailiffs cannot take control of it.

They can only take control of vehicles on the debtors property or where the debtor usually lives or carries on trade of business, or on any highway.

Put it on a neighbours parking space or driveway, and enforcement, if attempted will fail on paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;

 

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

 

 

 

Buy it on Hire Purchase and hold making the final payment

You don't own the car until the final payment is made.

Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

An enforcement agent may take control of goods only if they are goods of the debtor.

 

 

 

Lease it.

Ditto, but you never own the car.

 

 

 

Display a disabled person's blue badge from inside the car

The car becomes exempt from enforcement.

Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013 states;

a vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;

 

 

 

If the auction value of the car is under £1,350 and used in your work, trade or education, its exempt from enforcement.

The car becomes exempt from enforcement.

Regulation 4(1)(a) of the Taking Control of Goods Regulations 2013 states;

items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor's employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350;