Exempt Goods and Third-Party Goods

Common statutory categories

The regulations protect specified basic domestic needs and specified items necessary for personal use in employment, business, trade, study or education, subject to statutory conditions and value limits. A vehicle displaying a valid disabled person’s badge is within a specific exemption. The precise wording of regulations 4 and 5 should be checked.

Third-party ownership evidence

1. Purchase invoice or receipt identifying the buyer and item.
2. Bank or card statement showing the purchase.
3. Finance, hire, lease or rental agreement.
4. Insurance, company asset register or accounting record.
5. Contemporaneous correspondence, photographs or serial-number records.
6. A truthful witness statement explaining possession and ownership.

CPR Part 85

Part 85 contains procedures for claims to controlled goods, claims to executed goods and claims by a debtor that goods are exempt. Some steps have short time limits, including notice following removal. Costs risk may arise. Obtain individual advice before assuming that an informal ownership assertion is sufficient.

Sources

1. Taking Control of Goods Regulations 2013
2. Civil Procedure Rules Part 85
3. Schedule 12, Tribunals, Courts and Enforcement Act 2007