Can a bailiff levy on a vehicle, and then remove it, instantly? Council tax.

[Sir Vere Brayne d'Emmidge]

Re: Can a bailiff levy on a vehicle, and then remove it, instantly? Council tax.

I am not very clear about this £100 that was added to the Seizure notice, unfortunately, when it comes to Council Tax every different LA has varied scales for removing or clamping etc, the only fees which set in stone are the visit fees and the walking possession fee. However, depending on a variety of factors, if the bailiff believes that the vehicle might self-declamp then removal after seizing is an option, but before doing so (before calling the tow truck, unless the bailiff drive a large enough vehicle with an "A" frame in the boot) he/she must ask the defaulter for payment. If the defaulter refuses to comply or refuses to enter in a walking possession agreement (this must carry the signatures of both, bailiff and defaulter) then the removal of the assett is allowed.

[bizzybob]

Re: Can a bailiff levy on a vehicle, and then remove it, instantly? Council tax.

However if we consider the Anthony Culligan detailed assessment where DJ Avent says at paragraph 50 of his Judgment:-

"Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure. This being so I cannot see that Form 7 can or should include any costs of removal.

I know this is for a PCN but should it not also apply to Council Tax?

[Sir Vere Brayne d'Emmidge]

Re: Can a bailiff levy on a vehicle, and then remove it, instantly? Council tax.

However if we consider the Anthony Culligan detailed assessment where DJ Avent says at paragraph 50 of his Judgment:-

"Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure. This being so I cannot see that Form 7 can or should include any costs of removal.

I know this is for a PCN but should it not also apply to Council Tax?

The question is what is a reasonable opportunity to pay? If the debtor tells the bailiff to get lost then the reasonable opportunity has just got up and gone.

After goods are seized if the defaulter needs time to gather the money owed either agrees to a walking possession and a specific timescale (recorded on the walking possession) to pay, or the goods are removed.

When goods are seized at first and form 7 is filled in, but there should not be a removal charge on it, if and when goods are removed, a new form 7 must be written out with the removal charge on it and (good practice) indication of what the storage charges are going to be, plus any other charges that the debtor might incurr i.e. "delivery to auctioneer" ... "auctioneer fees" ... and so on.