Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Can somebody advise on the checks a bailiff(in this case Chandlers) have to make before enforcing a warrant of control? The vehicles involved were no longer registered at the address attended and the person named on them did not reside there-both Chandlers and the council involved had been told this.Is there any obligation to verify the vehicle is registered still at the enforcement address before attending?
There is no statutory obligation to check, but if a bailiff takes goods not belonging to the debtor, the bailiff and council (creditor) are jointly and severally liable for damages.Samatt wrote:Is there any obligation to verify the vehicle is registered still at the enforcement address before attending?
That can include paying the replacement cost of the car and the daily rate for damages in connection with the deprivation of use.
The owner of the goods (the car) makes what is called an Interpleader Claim.
Many thanks Jason. Both of the vehicles had already been sold, 1 well over a year ago.The bailiffs were paid by the son of the occupier by card as they advised his father if he could not prove ownership they would remove goods.They had apparently told him(he is 77 and in poor health) he had to let them in.Is there any right of redress?