Abandoned Levy (Levy Abandonment)

Paragraph 54 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and regulation 47 of the Taking Control of Goods Regulations 2013 set out the rules that a bailiff must follow when abandoning controlled goods.

Goods also become abandoned if the bailiff does not provide a Notice of Sale within 7 clear days. Regulation 38 of the Taking Control of Goods Regulations 2013 states:

Minimum period of notice of sale

38.—(1) Subject to paragraph (2), the minimum period of notice of the date, time and place of sale required by paragraph 40 of Schedule 12 is 7 clear days before the sale of the goods.

(2) Notice may be given on the day before the sale of the goods where, if the sale were to take place after the expiry of the period of time referred to in paragraph (1), the goods would become unsaleable, or their sale value would be extinguished or substantially reduced due to the nature or any characteristic of those goods.

When a bailiff takes control of goods, they must do one of the following:

• i) Complete a Controlled Goods Agreement, which must be signed by the debtor.
• ii) Clamp the vehicle if it is on a public highway.
• iii) Remove the goods (or vehicle) to a place of sale.
• iv) Secure the goods or vehicle on the premises where they were found.

The governing provision is paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007:

13(1) To take control of goods, an enforcement agent must do one of the following:

• (a) Secure the goods on the premises on which he finds them.
• (b) If he finds them on a highway, secure them on that highway or within a reasonable distance.
• (c) Remove them and secure them elsewhere.
• (d) Enter into a controlled goods agreement with the debtor.

If one of the above is done, then the bailiff can give notice that the goods are abandoned under Regulation 47.

If none of the above has been done, then the goods remain your property and you are free to remove them. You are not guilty of an offence under paragraph 68(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.