The bailiff clamped your car on someone else's driveway or parking bay

Bailiffs may only clamp (or remove) a debtors car^[1] on a highway,^[2][3] or where the debtor usually lives,^[4] or carries on a trade or business.^[5]

If the bailiff clamps or takes your car on a neighbours driveway, land, any private car park, or someone else's allocated parking bay, the enforcement is unlawful.

Bailiffs cannot take or clamp your car from your employers premises or land.

Bailiffs may take control of a car on specified premises, but they must apply to the court for that permission separately.^[6]

You may apply to the court for an injunction ordering the bailiff to return control of the car,^[7][8] and apply for damages,^[9][10] together with costs,^[11] or if representing yourself as a litigant in person, you can recover your expenses and £19 an hour.^[12][13]

Before applying to the court, you must give the bailiff a Notice of intention to apply for an injunction to give him an opportunity to return control of the car.^[14]

Take photographs of the clamped car at its location, showing the wheel clamp and number plate in the same picture.

If the car is removed, then take photographs of the empty space where the car was taken. Bailiffs wear body-worn cameras, and this will show where he clamped or took the car.^[15]

If possible, gather evidence of the deeds, or tenancy agreement showing the boundary of your own land, and get a copy of the title plan for the land the car is situated or taken.^[16]

Template Notice of intention to apply for an injunction.^[17]

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 deadline passes without the car being returned, then apply for an injunction.

^{[1] Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Paragraph 13(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Regulation 17 of the Taking Control of Goods Regulations 2013
[4] Paragraph 14(6)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 14(6)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] Paragraph 66(5)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Section 4 of the Torts (Interference with Goods) Act 1977
[9] Paragraph 66(5)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[10] Civil Procedure Rule 84.13
[11] Civil Procedure Rule 44.2
[12] Civil Procedure Rule 46.5
[13] Practice Direction 46.5 Rule 3.1
[14] Rule 6 of the Practice Direction – Pre-Action Conduct And Protocols
[15] See: Bailiffs and Body-worn cameras
[16] Get a copy of the title plan from HM Land Registry Public Register (Fee: £3)
[17] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}