Bailiffs are liable for the care of your vehicle after taking control of it.[1][2]
Bailiffs can take control of a vehicle by clamping it,[3] or towing it away.[4]
Guidelines say bailiffs must have adequate insurance for any damage caused to property in their possession.[5]
If goods are damaged, the debtor, or owner may claim for those damages.[6]
A non-debtor can apply to the court for the bailiff to make good damage to their vehicle (goods) and for unlawfully depriving them of it.[7]
You need to get the bodycam recording from the bailiff to see whether the damage is pre-existing. If the bodycam recordings are not available, then make a complaint online to the Information Commissioner's Office,[8] and start the action by giving the bailiff company a letter of claim.[9]
If you have collected a vehicle from a bailiffs vehicle pound or a bailiff returns your vehicle under a court order, any damage must be reported immediately, otherwise, the bailiff company will attribute the damage to you in their defence.
Template Letter: Notice of damage and opportunity to come and inspect vehicle.[10]
Send the letter to the bailiff company and get a certificate of posting from the post office.
Give a copy of the letter 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 letter 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.
[1] Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Regulation 34 of the Taking Control of Goods Regulations 2013
[3] Paragraph 13(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Paragraph 13(1)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Paragraph 63 of the Taking Control of Goods, National Standards published by the Ministry of Justice April 2014
[6] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Section 3 of the Torts (Interference with Goods) Act 1977
[8] Section 165(2) of the Data Protection Act 2018
[9] Part 3 of the Practice Directions - Pre-Action Conduct and Protocols
[10] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
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