Make an claim to exempt goods under CPR 85.8
Regulation 4 of the Taking Control of Goods Regulations 2013 sets out what goods are exempt goods for the purpose of civil enforcement. It states:
4.(1) Subject to paragraph (2) and to regulation 5, the following goods of the debtor are exempt goods:
(a) 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;
(b) Such clothing, bedding, furniture, household equipment, items and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor's household, including:
(i) A cooker or microwave;
(ii) A refrigerator;
(iii) A washing machine;
(iv) A dining table large enough, and sufficient dining chairs, to seat the debtor and every member of the debtor's household;
(v) Beds and bedding sufficient for the debtor and every member of the debtor's household;
(vi) One landline telephone, or if there is no landline telephone at the premises, a mobile or internet telephone;
(vii) Any item or equipment reasonably required for:
(aa) The medical care of the debtor or any member of the debtor's household;
(bb) Safety in the dwelling-house; or
(cc) The security of the dwelling-house (e.g., an alarm system);
(viii) Sufficient lamps or stoves to satisfy the basic heating and lighting needs;
(ix) Any item or equipment reasonably required for the care of:
(aa) A person under the age of 18;
(bb) A disabled person; or
(cc) An older person.
(c) Assistance dogs (including guide dogs, hearing dogs and dogs for disabled persons), sheep dogs, guard dogs or domestic pets;
(d) A vehicle displaying a valid disabled person's badge used for the carriage of a disabled person;
(e) A vehicle used for police, fire or ambulance purposes;
(f) A vehicle displaying a British Medical Association or other emergency badge used for health emergency purposes.
If your vehicle or goods fit into any of the above, make a claim to exempt goods.
If your vehicle or goods cannot be returned to you then you can recover the "replacement cost" of them, or the cost of new goods if equivalent like-for-like goods are not available.
You can also claim for the unlawful deprivation of the vehicle or goods as well at a daily rate.
If your exempt vehicle has an auction value greater than £1350, then it ceases to be exempt.
Regulation 4(1)(a) of the Taking Control of Goods Regulations 2013:
Items or equipment (e.g., tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor, except where the value exceeds £1,350.
If your goods or vehicle has an auction value under £1350, then it is exempt. Vinci vs Miller.
Search eBay completed listings for a similar vehicle, screenshot several examples under £1350. This may defeat a bailiff's inflated valuation.
Bailiffs often overvalue vehicles. However, under Regulation 35, bailiffs must provide a written valuation:
(2) Where the enforcement agent makes the valuation:
(a) It must be in writing, signed by the enforcement agent and include:
(i) The agent's name, reference number and date;
(ii) A separate value for each item where applicable.
(b) A copy must be provided to the debtor and any co-owner.
Without this valuation, enforcement fails. This breaches Paragraph 36 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007:
36(1) Before the end of the minimum period, the enforcement agent must:
(a) Make or obtain a valuation in accordance with regulations;
(b) Allow the debtor and any co-owner to obtain an independent valuation.
(2) "Minimum period" is 7 clear days from removal of controlled goods (Regulation 37).
If the vehicle is sold at auction for under £1350, enforcement also fails.
In Larnyou vs. LB Croydon and Newlyn Plc (2015), the court accepted auction value as definitive. This has led to failed enforcement where the sale price did not exceed £1350, as goods below this value are exempt under Paragraph 4(1) of Schedule 12.
(1) Property in all debtor goods, except exempt or protected goods, becomes bound under this paragraph.
Goods with auction value under £1350 are exempt and owners may claim damages under Paragraph 66 of Schedule 12.
Regulation 5 of the 1993 Regulations:
5. In regulation 45(1A), no person shall seize the following:
(a) Tools, books, vehicles and other equipment necessary for personal use in employment, business or vocation;
(b) Clothing, bedding, furniture, household equipment and provisions necessary to meet basic domestic needs.
Paragraphs 9(2) and 9(3) of Schedule 7, Courts Act 2003:
9(2) The officer may seize:
(a) Any goods of the execution debtor not exempt;
(b) Money, securities or other financial instruments belonging to the debtor.
9(3) "Exempt goods" includes:
(a) Tools, books, vehicles and equipment necessary for employment, business or vocation;
(b) Clothing, bedding, furniture and provisions needed for domestic use.