Everything that follows is revoked.
The authority that provides bailiffs the right to enter premises or property is conferred in a warrant of control or a writ of control.
A liability order for council tax is not authority to enter premises. It only authorises the taking control of the debtor's goods and selling them to pay the debt.
Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(1) The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of:
(a) his identity, and
(b) his authority to enter the premises.
(2) The request may be made before the enforcement agent enters the premises or while he is there.
If a bailiff fails to show evidence of his authority to enter premises when demanded by the debtor (or person in authority), then he is in breach of paragraph 26(1)(b). This invalidates the enforcement, and a debtor can sue for damages and recover any goods or vehicles taken.
Paragraph 66 of Schedule 12 provides:
66(1) This paragraph applies where an enforcement agent:
(a) breaches a provision of this Schedule, or
(b) acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.
(2) The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.
(3) But the debtor may bring proceedings under this paragraph.
You can bring an action to recover a vehicle that has been taken. Paragraph 66(5) states:
(5) In the proceedings the court may:
(a) order goods to be returned to the debtor.
You can also recover all fees and charges paid. Because paragraph 26 is a component of the Schedule 12 procedure, the bailiff is unable to charge fees if breached.
Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 provides:
3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
It is the practice of Marston Holdings, Collectica, and Excel Civil Enforcement to show debtors a forged warrant. This article explains how to tell whether the warrant is a fake.
If it is a forged document, the bailiff has failed to show authority to enter premises and you can bring an action under paragraph 66 of Schedule 12.
You must support your claim with a sworn affidavit:
You can still demand the bailiff produce the warrant of control or writ of control:
Here is how to bring a claim in the small claims court. If the bailiff produces his ID or warrant after the enforcement event, you can still make a claim. Paragraph 26(2) states:
(2) The request may be made before the enforcement agent enters the premises or while he is there.
That means producing the warrant after leaving the premises does not protect him from liability.
This may not get your money back or your vehicle returned, but you can also make a formal complaint addressed to the council, court, or creditor enclosing the sworn affidavit. Ask for all refunds and for your goods/vehicle to be returned at their expense under paragraph 66(5)(a):
(a) order goods to be returned to the debtor