Can I apply for the return of my car if the bailiff takes it after I appealed to the Traffic Enforcement Centre (TEC)?


Yes

When you file a late witness statement on form TE7/9 or a late statutory declaration on a form PE2/3, the enforcement power is suspended until further order by the court.[1]

If bailiffs take an enforcement step such as clamping or removing a vehicle or taking a money transfer from you, then the enforcement fails because the bailiff cannot take an enforcement step using a warrant of control that has been suspended.[2]

You can apply for an injunction to recover the vehicle,[3][4] and make a claim for damages and losses.[3][5]

You can also recover your legal costs.[6]

You should contact the TEC and confirm whether the TEC on 0300 123 1059 quoting the PCN number, and ask if they have issued a notice of rejection of accepted your appeal, and if they have ask what address they sent it.



[1] Paragraph 8.1 of Practice Direction 75 of the Civil Procedure Rules.
[2] Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Section 4 of the Torts (Interference with Goods) Act 1977
[5] Section 3 [6] Civil Procedure Rule 46.5