A certificated enforcement agent is an individual who has been granted permission by a Judge to take control of goods when enforcing civil debt, this includes non-payment of council tax, business rates, parking and traffic offences, fines from Magistrates’ Court’s, non-payment of child support, or a failure to pay commercial rent.
The role of an enforcement agent should not be confused with that of a debt collector. A debt collector is someone who recovers money owed under contractual transactions such as credit card debt, loans and the purchase of household goods or vehicles. Such an individual can seize the goods concerned in certain circumstances but, unlike a certificated enforcement agent, cannot seize other goods.
Civil Enforcement Officers (often called traffic wardens, parking enforcement officers, or parking attendants) are employed to enforce parking, traffic and other restrictions and laws. They are not to be confused with enforcement agents.
CIVEA does not have the legal authority to stop enforcement action being taken under a warrant of control or an order granted by the court. You should contact the enforcement company, or enforcement agent, as soon as possible to discuss your case and arrange to pay the outstanding balance. If you do not contact the enforcement company, enforcement action can be taken which may result in your goods being taken into control, sold at auction and you will incur further fees and charges.
If you need help, support or advice in dealing with an enforcement company this can be obtained from a national or local advice agency. Where to get free advice and information:
Call charges may apply. Other free advice is available.
From the 1st January 2025, the Enforcement Conduct Board (ECB) will consider any new complaint about the conduct of an enforcement agent or firm where a person feels their complaint to the firm hasn’t been dealt with fairly or in a timely way. Further information about the ECB’s complaints procedure can be found here.
While it can be frustrating waiting for a response to your complaint, the enforcement company should be allowed sufficient time to investigate the complaint thoroughly. This may include obtaining and reviewing video evidence or taking statements from enforcement agents. Some complaints can take longer than others to investigate depending on their complexity, but the company should keep you up to date on the progress of the investigation. If you are concerned about a delay in your complaint being responded to, you should contact the company directly.
When an enforcement company receives an instruction from its client, statutory fees and charges will be applied to the case. These fees are set by the Government in accordance with the Taking Control of Goods (Fees) Regulations 2014. The fees are added because a warrant of control or a court order has been obtained by a creditor (local authority or government agency) and the payment of the fees can be pursued by the enforcement agent in the same way as the original debt. Once the case has been passed to an enforcement company or agent, you are required to pay the outstanding balance to the enforcement company, rather than the creditor that you owe money to. Choosing to pay the creditor directly, will not clear your debt or avoid your liability for the fees and the enforcement company will continue in their enforcement action to recover the amounts due.
Enforcement companies are not obliged to accept a payment arrangement, and this might only be considered after assessing your ability to pay. The enforcement company may ask you to submit documentary evidence which explains your financial circumstances.
There are a number of things that affect whether a payment plan can be agreed. These include how long the court order been with the enforcement firm, and what the creditor (local authority or government department) is willing to accept. If you prove you cannot pay within a certain time, the agent will pass that information on to the creditor. But it’s important to know that if a debt won’t be paid within a certain time, the warrant or order might go back to the court to be reissued and another enforcement company may visit you.
If you agree a payment arrangement, it is important that you stick to the arrangement and pay on the agreed date. If you fail to make the payment or pay late, the arrangement will be cancelled, and the full balance will become due. This may result in further enforcement action being taken and an enforcement agent visiting your address which may incur further fees.
If you are struggling to pay, you should contact the enforcement company immediately to discuss your case. You can also obtain further advice from a local or national advice agency who may be able to contact the company on your behalf.
Enforcement companies are not instructed to deal with disputes regarding the original debt and it is not their responsibility to raise a dispute on behalf of a debtor. The role of the enforcement company and enforcement agent is to collect the balance outstanding or take control of goods to be sold at auction. If you are disputing the debt, you should address the matter at the earliest opportunity directly with the creditor (local authority or government department) who instructed the enforcement company to act. Only the creditor can suspend the enforcement action.
It is your decision whether to pay or not. However, late or non-payment will result in enforcement fees being added to your account. These fees are set by the Government in accordance with the Taking Control of Goods (Fees) Regulations 2014 . Your possessions may also be taken into control and sold at auction. If you are disputing the amount you have been charged you should seek further advice or contact the creditor who has instructed the enforcement company to act. You can also submit a complaint to the enforcement company. However, this may not prevent enforcement action continuing while the complaint is being considered.
Unless a vehicle is bought through a recognised motor dealership, where there is a printed company invoice, including a VAT registration number, it can be difficult to prove ownership.
The enforcement company will require copies of certain documentation which may include:
The enforcement company can only suspend action if they are instructed to do so by its client or creditor (local authority or government department). Until an appeal is finalised, and the original warrant of control is revoked by the court, enforcement action may continue in accordance with the regulations
There is a difference between a vehicle that is classed as a tool of the trade compared to one considered necessary or essential. For a vehicle to be considered as a tool of the trade you must be able to show that it is vital for both operating your business and is solely used for business purposes. This can often be evidenced by insurance documentation showing the vehicle is insured for business purposes only.
If any other vehicle could be used as a substitute for work purposes, such as a hire car, then the vehicle is less likely to be classed as a tool of the trade. A vehicle used for commuting to and from work is not a tool of the trade. Also, a limited company cannot claim the benefit of this exemption.
If somebody has moved to a new house, but their details haven’t been updated, you might receive post meant for them. Sometimes enforcement agents are given the wrong information. For example, someone might pretend they have moved to a new house when they haven’t. An agent is required to check that the information is correct.
If you provide proof that you live at the address, the case will be referred back to the creditor (local authority or government department) so the records can be updated. Proof of residence can be a copy of a recent utility bill, tenancy agreement or council tax bill. You can post, email or take a photo on your phone and send it to the enforcement company.
If tracing inquiries suggest that the person named on the court order does still live at your address, or if you have the same family name as the person named on the court order, an enforcement agent has a legal obligation to visit the address to make further inquiries
If a business is named on the court order, and the business it still registered at your address, an enforcement agent will need to visit.
An enforcement agent can accept a payment from a third party. The regulations state that this must be a voluntary payment.
CIVEA
PO Box 745
WAKEFIELD
WF1 9RJ
For general enquiries only, you can contact us by email (admin@civea.co.uk), letter or telephone.
If you have a complaint or concern about one of our members, please go to our complaints page for advice
