Vulnerable person — bailiff must withdraw and refer back

Under the Taking Control of Goods: National Standards 2014 (re-issued 2024) and the Enforcement Conduct Board Standards 2024, an enforcement agent must withdraw and refer the matter back to the creditor where they identify a vulnerable debtor (mental health, disability, serious illness, recently bereaved, pregnant, single parent with dependents, age, language barrier, financial hardship). Compliance-stage fees may still be due but enforcement-stage fees charged AFTER vulnerability was apparent are recoverable. The creditor (council/parking operator) may be required to recall the warrant.

Legal basis

Taking Control of Goods: National Standards 2014 (Ministry of Justice, updated April 2024) paras 70-77; Enforcement Conduct Board Professional Standards (effective 2024); TCG Regs 2013 reg 10 (vulnerable persons — agent must give reasonable opportunity for help); TCG Fees Regs 2014 reg 12 (no enforcement fees in certain cases)

How to identify this in your case

Debtor is mentally ill, disabled, seriously ill, recently bereaved, pregnant, a single parent with young dependents, elderly, has limited English, or in severe financial hardship; bailiff continued enforcement after being told.

Sample appeal wording

Dear [ENFORCEMENT COMPANY], Re: Account [REF] I am a vulnerable person within the meaning of the Taking Control of Goods: National Standards 2014 (updated April 2024) and the Enforcement Conduct Board Professional Standards. Specifically: [describe — e.g., 'I have a diagnosis of [CONDITION] under the care of [PROVIDER]; supporting letter attached. I am also the sole carer of [DEPENDANT].'] Under paragraphs 70-77 of the National Standards your agent should have: (a) Withdrawn from enforcement on identifying vulnerability; (b) Referred the matter back to the creditor [COUNCIL / OPERATOR]; (c) Allowed me reasonable opportunity to obtain assistance and advice. I require: 1. Immediate withdrawal of the warrant and return to the creditor; 2. Removal of all enforcement-stage fees added after [DATE you were notified]; 3. Confirmation in writing that no further attendance will be made; 4. A copy of your vulnerability policy and the case file under UK GDPR Article 15. If you do not comply within 7 days I will complain to the Enforcement Conduct Board, the certificating court (reg 9 SI 2014/421), and apply under Schedule 12 paragraph 66 TCEA 2007. Yours faithfully, [NAME]

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

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Sources

MoJ Taking Control of Goods: National Standards 2014 (updated 2024)
Enforcement Conduct Board Standards 2024
TCG Regs 2013 reg 10
TCG Fees Regs 2014 reg 12