Can bailiff find vehicles owned from DVLA?

[apc01]

I know enforcement officers can query the DVLA for a number plate to find the registered keeper of a vehicle,

but can they do the reverse - run a query at the DVLA for name and address to find out if the enforcement target

has any vehicles registered to them?

 

Also, I transferred my car to one of my sons BEFORE the CCJ was given against me.

 

 

Can an enforcement officer clamp and/or tow the car registered to my son?

 

Thanks.

[Bailiff Advice]

Once a writ is issued goods belonging to the debtor are 'bound' which prevents the goods from being sold or transfered to another person. However, in your case it would seem that the transfer took place before the CCJ and therefore the transfer should be valid.

 

The enforcement agent may indeed approach DVLA to ascertain whether a vehicle belongs to the debtor but contrary to popular belief this is only permitted for certain debt types (parking debts for instance).

 

There is no facility at DVLA for a 'reverse' enquiry as outlined in your above question.

[apc01]

Thanks - if they cannot query the DVLA - as it is not for the type of debt mentioned - is there a possibility then that the enforcement officer will turn up and clamp/tow all the cars on the drive en-masse belonging to my family in the hope one might belong to me?

[Bailiff Advice]

Thanks - if they cannot query the DVLA - as it is not for the type of debt mentioned - is there a possibility then that the enforcement officer will turn up and clamp/tow all the cars on the drive en-masse belonging to my family in the hope one might belong to me?

 

Enforcement agents used the method above until the new regulations came into effect on 6th April. One important change is that goods may only be 'taken into control' (the new phrase that replaces the previous word 'seize') if they are goods that belong to the debtor (or are jointly owned goods).

[apc01]

Thanks very much indeed for the clarification.

 

One further question - might help others here as well as this clearly affects all car owners with an enforcement warrant against them.

 

If the vehicles are parked on the drive and the enforcement agent was not allowed in to the home to question the occupants, gain proof etc

- how can they determine who actually owns a vehicle sitting on a drive as opposed to the registered keeper per a DVLA check?

 

 

They would have no basis upon which to conclude a vehicle is actually legally owned by someone unless they can clamp on a registered keeper check.

 

The implication here is that unless an enforcement officer is absolutely certain of ownership and can prove it,

they simply cannot clamp a vehicle parked on a drive for any reason,

and certainly not - as you say - pre-emptively or based on suspicion.

[dx100uk]

why/who has got this CCJ

 

 

and whts it all about

 

 

its very rare for CCJ's to be enforced by bailiffs

 

 

HCEO's maybe but unusual for court bailiffs to bother with civil CCJ's

 

 

or are you just phishing thinking this could happen if you don't pay the CCJ

[Bailiff Advice]

Thanks very much indeed for the clarification.

 

One further question - might help others here as well as this clearly affects all car owners with an enforcement warrant against them.

 

If the vehicles are parked on the drive and the enforcement agent was not allowed in to the home to question the occupants, gain proof etc

- how can they determine who actually owns a vehicle sitting on a drive as opposed to the registered keeper per a DVLA check?

 

 

They would have no basis upon which to conclude a vehicle is actually legally owned by someone unless they can clamp on a registered keeper check.

 

The implication here is that unless an enforcement officer is absolutely certain of ownership and can prove it, they simply cannot clamp a vehicle parked on a drive for any reason, and certainly not - as you say - pre-emptively or based on suspicion.

 

 

If the debt was being enforced by a private sector bailiff (enforcement agent) then they would be able to run a simple..and quick....DVLA search. At least 4 companies now have online DVLA access.

 

The legal position is that the 'keeper' is 'assumed' to be the legal owner of the vehicle....unless...the contrary is proved.

[debsdarlo]

what if the car is on finance?

[Bailiff Advice]

what if the car is on finance?

 

I am not sure what you mean? Are you querying whether an enforcement company can check if a vehicle is subject to finance? Once a VRM is known all enforcement companies will run an 'HPI' check to ascertain whether or not a vehicle is subject to finance.

[confusedbunny]

Once a writ is issued goods belonging to the debtor are 'bound' which prevents the goods from being sold or transfered to another person. However, in your case it would seem that the transfer took place before the CCJ and therefore the transfer should be valid.

 

The enforcement agent may indeed approach DVLA to ascertain whether a vehicle belongs to the debtor but contrary to popular belief this is only permitted for certain debt types (parking debts for instance).

 

There is no facility at DVLA for a 'reverse' enquiry as outlined in your above question.

 

 

I am in a similar position to the OP and was wondering the same. Would it not be fair to say that its upto the "debtor" to do as they please with their vehicle before a CCJ is awarded (debt proven) to the creditor? Or would it be seen as "you knew of a looming CCJ and sold the vehicle to a family/friend!"

[HCEOs]

The enforcement industry should push to have these 'reverse checks' at the DVLA.

[ploddertom]

The enforcement industry should push to have these 'reverse checks' at the DVLA.

 

 

That is certainly something for discussion, maybe worth a new thread.