Controlled goods agreement was faulty or goods aren't yours
When an enforcement agent (bailiff) takes control of your belongings, they must give you a written agreement — called a controlled goods agreement — that lists each item clearly, states its value, is signed by both you and the agent, and includes certain required wording. If the agreement is missing any of those things, it is not valid. Also, if the goods belong to someone else — for example a car on hire purchase or PCP (where the finance company is the legal owner until the final option fee is paid), a leased or company vehicle, or items owned by a family member — those goods cannot legally be included in the agreement at all, and you can make a formal claim to have them removed.
Legal basis
TCEA 2007 Sch 12 paras 13, 60 (third party claim); Taking Control of Goods Regulations 2013 (SI 2013/1894) regs 15 (CGA contents) and 16 (third-party claims); CPR 85 (claims to controlled goods)
How to identify this in your case
Vehicle is on HP, PCP, lease, or company-owned; CGA was not signed, not given in writing, fails to itemise the goods, or omits prescribed wording; goods listed are not all the debtor's.
Sample appeal wording
Dear [ENFORCEMENT COMPANY], Re: Vehicle [REG] — Controlled Goods Agreement of [DATE] I dispute the validity of the CGA on the following grounds: [CHOOSE AS APPLICABLE] 1. The vehicle is not the debtor's property. It is owned by [FINANCE COMPANY] under a [HP / PCP / Lease] agreement no. [REF]; legal title remains with the lender. Evidence enclosed. The vehicle is third-party goods. I claim release under TCEA 2007 Sch 12 paragraph 60 / regulation 16 of the TCG Regs 2013 / CPR 85. 2. The CGA fails to comply with regulation 15 SI 2013/1894 in that [it was not signed by the debtor / fails to identify the goods individually / omits the prescribed warning text / does not state value]. Under regulation 16, your firm and the creditor must respond within 7 days admitting or disputing the claim. If the claim is admitted, you must release the goods. If it is disputed, I will issue a Part 85 claim in the County Court and seek costs. I also require disclosure under UK GDPR Article 15 of the CGA, all photographs of the vehicle, and your file. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- TCEA 2007 Sch 12 paras 13, 60
- TCG Regs 2013 regs 15-16
- CPR 85
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings