I am Self Employed…and
I need my car for business.
It is important to note that under Section
54 of the Magistrate Courts Rules
it expressly prohibits bailiffs
from removing a vehicle used in the course of employment.
If you require your vehicle for business, our advice, is to write
to the bailiff with proof of self employment…..a note from
an accountant, if possible should be provided. A business card
etc could also be sent as additional proof.
A word of warning however, is that: in order to qualify for exemption
from seizure for “business use”, the vehicle must
be for your use “personally”
in your business.
It is also worth noting that the strict interpretation of the wording of the legislation concerning "tools of the trade" is not synonymous with business, occupation or employment and includes only the occupation of either a mechanic or someone who works at manual labour with the aid of tools.
There is relevant Case Law from the Court of Appeal on this very matter,
and you will find details of two such examples in the Legal
Cases section of our Downloads
area.
You will also see in the Letters
section of our Download area that
we have provided a letter that can be adapted to suit your own
particular case that can be sent to the bailiff informing them
that your vehicle should be exempt from seizure as it is required
for business use by you “personally” Always ensure that the letter is sent by registered
post.
NOTE:
If you are concerned that your vehicle or "tools of your trade" could be taken by bailiffs, you may wish to contact our office for further advice as we have recently been involved in a case that was heard recently in the High Court of Justice on the very subject where the Court agreed that a builders van that was heavily signed was clearly a "tool of the trade".
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