If your car was clamped or towed unexpectedly, then you may be a victim of drive-by enforcement.
Domestic CCTV and video doorbell cameras have exposed bailiffs working overnight driving around neighbourhoods in vans with number plate recognition cameras looking for vehicles with unpaid traffic contravention debts and clamping them undercover of darkness, then attaching a notice to the drivers door window writing the time after 6am.
The practice of ANPR clamping is illegal because bailiffs must give the debtor a Notice of Enforcement[1] at least seven days before taking control of vehicles.[2] The bailiff must also give a statutory notice when they take control of a vehicle.[3][4][5] and give the debtor an inventory.[6][7]
Taking cars off the street by opportunistic chancers renders the creditor whom the bailiff is acting for, liable for damages and costs.
If the bailiff does not comply with any of the above, the debtor may apply to the court to order the bailiff to return the car,[8][9] and pay damages,[10][11] together with costs on the indemnity basis.[12]
The bailiff may have taken your car without telling you because:
You bought a car after it was involved in a traffic contravention
The registered address for your car is incorrect
You moved after the traffic debt was incurred
If the debt is owed by someone else, or the warrant of control names someone else the debtor, then make a third-party claim.[13][14]
If the address on the warrant is not your current address, make an out of time witness statement or statutory declaration,[15] attaching evidence the address on the warrant is not current.[16]
To apply to the court to suspend a warrant of control for a non-moving traffic offence, Dart Charge or Merseyflow, make a witness statement by completing forms TE7,[17] and TE9.[18]
To apply to the court to suspend a warrant of control for a moving traffic offence, make a statutory declaration by completing forms PE2,[19] and PE3.[20]
If you moved after the traffic debt was incurred, apply to suspend the warrant of control and attach evidence of your change of address.
The completed forms must be emailed to tec@justice.gov.uk with the attached evidence supporting your grounds.
If the bailiff releases your car after making a successful application but charges a fee or storage charge, reclaim it by applying for a detailed assessment,[21] or if you are not the debtor, make a claim in the small claims track.[22]
If the car is damaged, the bailiff is liable for the care of goods in their possession,[23][24] the debtor can claim the damages,[25] and non-debtors can also claim,[26] but the court expects claimants to give the bailiff the opportunity to make good the damages before filing the claim.[27]
If the debtors address on the warrant of control is not current, the debtor may recover all fees taken by the bailiff after clamping a car by finding it on a highway using a number recognition camera.[28] This is called a detailed assessment.[29]
Before applying to the court to return your car, you must give the bailiff an opportunity to return it.[30]
Template Notice: Notice of intention to apply for an injunction, drive-by ANPR enforcement.
Send the notice to the bailiff company and get a certificate of posting from the post office.
Give a copy of the notice to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the notice by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
If the bailiff does not return your car within 48 hours, then apply for an injunction.
[1] Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Regulation 6 of the Taking Control of Goods Regulations 2013
[3] Paragraph 33 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Regulation 31(1) of the Taking Control of Goods Regulations 2013
[5] Regulation 18(4) of the Taking Control of Goods Regulations 2013
[6] Paragraph 34 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Regulation 33 of the Taking Control of Goods Regulations 2013
[8] Paragraph 66(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Section 4 of the Torts (Interference with Goods) Act 1977
[10] Paragraph 66(4) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[11] Section 3 of the Torts (Interference with Goods) Act 1977
[12] Civil Procedure Rule 44.2
[13] Civil Procedure Rule 85.5
[14] See: Making a third party claim
[15] Civil Procedure 75.3(4)(a)(ii)
[16] Section 7 of the Interpretation Act 1978
[17] Form TE7 Download
[18] Form TE9 Download
[19] Form PE2 Download
[20] Form PE3 Download
[21] Civil Procedure Rule 84.16
[22] Part 27 Civil, Procedure Rules
[23] Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[24] Regulation 34 of the Taking Control of Goods Regulations 2013
[25] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[26] Section 3 of the Torts (Interference with Goods) Act 1977
[27] Part 3 of the Practice Directions - Pre-action Conduct and Protocols
[28] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[29] Civil Procedure Rule 84.16
[30] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
Protect your car from bailiffs | Recover Your car from bailiffs | Attending a bailiffs vehicle pound | Reclaim bailiffs fees | Getting a chargeback | Attending Court | Arrested? | Bailiff Law | Trace a bailiff | Your bailiff FAQs | National Bailiff Advice | Beat the Bailiffs | BailiffTALK | About Stop the Bailiffs