Thank you for reaching out, and I’m sorry to hear about your daughter’s situation. The stress caused by enforcement action can be overwhelming, particularly when mental health vulnerabilities are involved. From a legal standpoint, there are several immediate and longer-term steps you may take.
Although councils often claim they cannot recall debts once passed to bailiffs, this is not strictly true. Councils retain the discretion to request that enforcement be withdrawn and for the debt to be returned to them, especially where there are compelling welfare grounds. A formal vulnerability complaint should be made to both the council and the bailiffs, explaining your daughter’s mental health condition, supported by medical evidence if available. You should also state clearly why she is unable to engage directly and that her condition is worsened by the enforcement action itself.
It would be appropriate to request that the cases be placed on hold pending a full review under the council’s vulnerability and safeguarding policy. Councils have a duty under the Equality Act 2010 to make reasonable adjustments where someone is disabled or experiencing serious mental health difficulties. The bailiffs also have a duty to refer such cases back to the creditor under Regulation 10 of the Taking Control of Goods Regulations 2013 where enforcement action is inappropriate.
Regarding the finance vehicle, a bailiff cannot lawfully take control of it if your daughter is not the legal owner, even if it is registered in her name. If the vehicle is subject to a hire purchase or conditional sale agreement, the finance company remains the legal owner until the final payment is made. It would be helpful to obtain a copy of the finance agreement to prove this. If the bailiff has threatened to sell the car without acknowledging this, it may amount to a breach of their professional duties and an abuse of process, particularly in light of her vulnerability.
On the issue of signage and PCN validity, once you have located all the notices, you may be able to challenge the underlying liability, especially if the signage was unclear or contradictory. For the time being, however, your focus should be on freezing enforcement action and consolidating the situation. Councils may agree to place all cases on hold while a vulnerable person’s circumstances are assessed, even if they refuse to formally recall them. It helps to remain persistent and escalate to senior officers if needed.
If the bailiff behaviour has been intimidating, you are right to file a complaint. You can also request a copy of their body-worn camera footage under the Data Protection Act 2018. Asking for details of the training they claim to have had in dealing with vulnerable individuals is entirely appropriate and will add weight to your complaint if they fail to provide it.
Should the council remain uncooperative, consider writing to your local councillor or MP to intervene. Mental health vulnerability is a recognised reason to suspend enforcement, and where ignored, it can expose councils and enforcement companies to legal liability. You may also wish to explore obtaining debt advice or legal support from a welfare rights service or mental health advocacy group if further pressure is needed.
Once you have all the paperwork and PCNs gathered, it will be easier to assess which can be challenged and which may require a repayment plan or appeal. In the meantime, your priority should be securing a pause on enforcement while your daughter’s needs are properly considered.
