The Taking Control of Goods Regulations 2013

Notice after entry and taking control of goods

Form and contents of notice after entry, and/or taking control of goods on a highway

30.—(1) This regulation applies to the notices required by paragraph 28(1) and paragraph 33(1) of Schedule 12.

(2) Subject to regulations 31 and 32, the notice must be in writing, be signed by the enforcement agent and contain the following information—

(a) the name and address of the debtor;

(b) the enforcement agent’s name, the reference number or numbers and the date of the notice;

(c) that the enforcement agent has done one or more of the following—

(i) entered the premises;

(ii) taken control of goods on a highway;

(iii) entered a vehicle on a highway with the intention of taking control of goods;

(d) the address of the premises which the enforcement agent has entered or the location on the highway where the enforcement agent has taken control of goods or entered a vehicle;

(e) where a vehicle on a highway has been entered with the intention of taking control of goods, the manufacturer, model, colour and registration mark of that vehicle; and

(f) whether or not the enforcement agent has taken control of goods of the debtor and, if so, the location where and the time when control has been taken of the goods and—

(i) a list of the goods of which control has been taken with a description to enable the debtor to identify the goods correctly, including, where applicable—

(aa) the manufacturer, model and serial number of the goods;

(bb) in the case of a vehicle, the manufacturer, model, colour and registration mark of the vehicle; and

(cc) the material, colour and usage, and (where appropriate) any other identifying characteristic, of the goods;

(ii) the amount of the sum outstanding as at the date of the notice;

(iii) the date and time by which the sum outstanding must be paid to prevent the controlled goods being sold;

(iv) how and between which hours and on which days payment of the sum outstanding may be made; and

(v) that the controlled goods will be released on payment in full (or may be released on part payment) of the sum outstanding.

(3) Where the enforcement agent is—

(a) re-entering premises under paragraph 16 of Schedule 12 to inspect goods of which control has previously been taken; and

(b) not using force to effect the re-entry,

the requirement to provide notice under paragraph 28(1) of Schedule 12 does not apply.

(4) Paragraph (2)(f)(i) is complied with if—

(a) the enforcement agent provides the debtor with a list of goods of which control has been taken under regulation 15(3)(e) or regulation 33(1)(e) at the same time as the notice; and

(b) the goods of which control has been taken are the same as those referred to in the list mentioned in sub-paragraph (a).

Additional notice requirements where goods are immobilised

31.—(1) Subject to paragraph (2), where control is taken of goods of the debtor in any of the ways listed under paragraph 13(1) of Schedule 12 and the goods have been immobilised, the notice mentioned in regulation 30(1) must also contain the information mentioned in regulation 16(3) (written warning on immobilisation).

(2) Where control is taken of goods under paragraph 13(1)(b) of Schedule 12 (goods found on a highway and secured on a highway) and the goods are a vehicle which are immobilised, the notice mentioned in regulation 30(1) must also contain the information mentioned in regulation 18(4) (written warning on immobilisation).

Additional notice requirements where goods are removed for storage or sale

32.—(1) Where control is taken of goods of the debtor under paragraph 13(1)(c) of Schedule 12 or controlled goods are removed to storage or for sale, the notice under regulation 30(1) must also contain the following information—

(a) that the enforcement agent has removed controlled goods to secure storage or for sale;

(b) a list of the goods so removed (where the goods are different to those included in a list provided by virtue of regulation 30(2)(f)(i);

(c) the date of removal of the goods to storage or for sale;

(d) the daily or weekly storage charge payable, where the goods are removed to storage; and

(e) the procedure for collection by or on behalf of the debtor of goods of which control has been taken on payment of the sum outstanding or on part payment of the sum outstanding where an agreement is made between the enforcement agent and the debtor.

(2) Where any of the information required by paragraph (1) is not known to the enforcement agent at the time of providing the notice to the debtor under regulation 30(1) the enforcement agent must provide such information, in writing, to the debtor, as soon as reasonably practicable.

(3) Paragraph (1)(b) is complied with if the enforcement agent provides the debtor with a copy of the inventory required by paragraph 34 of Schedule 12 at the same time as the notice, which describes all goods removed to storage or for sale.