No notice of enforcement — Compliance stage skipped

Before taking control of goods, the enforcement agent must give the debtor a Notice of Enforcement at least 7 clear days before enforcement (TCG Regs 2013 reg 6). The notice must contain prescribed information (reg 7): name and address of agent, debt amount, fees, payment options, helpline. If notice was not given, was sent to wrong address, or omitted prescribed information, no enforcement may take place; any controlled-goods agreement is void.

Legal basis

Taking Control of Goods Regulations 2013 (SI 2013/1894) regs 6 (notice required) and 7 (prescribed contents); TCEA 2007 Sch 12 para 7

How to identify this in your case

No Notice of Enforcement received at the address registered with DVLA or court; notice received less than 7 clear days before visit; notice missing required content (e.g., no helpline, no fee breakdown).

Sample appeal wording

Dear [ENFORCEMENT COMPANY], Re: Account [REF] I dispute the validity of the enforcement on [DATE] for the following reason: Under regulation 6 of the Taking Control of Goods Regulations 2013 (SI 2013/1894) you must give the debtor a Notice of Enforcement at least 7 clear days before taking control of goods. Under regulation 7 the notice must contain the prescribed information. [CHOOSE] (a) I have not received any Notice of Enforcement at my registered/usual address. (b) The Notice was dated [X] and your agent attended on [Y], which is less than 7 clear days. (c) The Notice omits the following required content: [LIST — agent contact details, helpline, debt breakdown, fees, payment options]. Accordingly the agent had no lawful power to take control of goods. Any controlled-goods agreement is void; any compliance/enforcement fees beyond £75 are not recoverable. I require, within 7 days: 1. Withdrawal of the warrant; 2. Refund of all sums paid in excess of the lawful debt; 3. Disclosure under UK GDPR Article 15 of the Notice of Enforcement and proof of service. I will otherwise apply under Schedule 12 paragraph 66 TCEA 2007 and complain to the certificating court (reg 9 SI 2014/421) and the Enforcement Conduct Board. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

TCG Regs 2013 regs 6, 7
TCEA 2007 Schedule 12