In n order to better understand the current position regarding the above, I thought I would put my understanding on here and then hopefully people will correct any misconceptions.
The immobilization of vehicles as part of the taking control of goods procedure, is covered by schedule 12 of the TCE.
The power to take control of goods is given by section 13 of the schedule.
13(1)To take control of goods an enforcement agent must do one of the following—
(a)secure the goods on the premises on which he finds them;
(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;
©remove them and secure them elsewhere;
(d)enter into a controlled goods agreement with the debtor.
(2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.
(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—
(a)determining the time when control is taken;
(b)prohibiting use of any of those ways for goods by description or circumstances or both.
The relevant sections being;
Subsection (a) which covers the securing of goods on a debtors premises,
Subsection (b) which covers the procedure on the highway.
Section 3 permits the creation of regulations which define the procedure to be used:
Taking Control of Goods regulations (2013 8094) http://www.legislation.gov.uk/uksi/2013/1894/contents/made
The relevant sections contained within the regulations are:
Section 16 which covers the immobilisation (clamping) on debtors premises:
16.—(1) Subject to paragraphs (2) and (3), an enforcement agent who is securing goods of the debtor on the premises on which they are found (under paragraph 13(1)(a) of Schedule 12) may secure the goods—
(a)in a cupboard, room, garage or outbuilding;
(b)in the case of goods on premises (or on a part of the premises) which are not occupied for residential purposes, by the enforcement agent remaining on the premises to guard the goods of the debtor of which the enforcement agent has taken control;
©by fitting an immobilisation device (which must be provided by the enforcement agent);
and Section 18. which covers he procedure for immobilization on the highway
Securing goods of the debtor on a highway and removal: vehicles
18.—(1) Where the enforcement agent is proceeding under paragraph 13(1)(b) of Schedule 12 and the goods to be secured are a vehicle, those goods must be secured in accordance with this regulation.
(2) The vehicle must be secured by an immobilisation device, unless the debtor voluntarily surrenders the keys to the vehicle to the enforcement agent.
(3) The immobilisation device must be provided by the enforcement agent. There are differences in the two procedures which can be discussed later, hopefully in this thread.
The next post will concern the Protection of Freedom Act 2012 and how (if at all )it effects the EAs ability to immobilize vehicles by the use of a clamp.