Bailiff towed away your car without giving a statutory notice.

When bailiffs take control of a vehicle on a highway, he must give the debtor a notice telling him what he is doing,^[1] and give an inventory.^[2][3]

The notice must include the name and address of the debtor, the bailiff's name, the time and date of the notice and a description of the vehicle. The notice must also state the sum outstanding.^[4]

The bailiff must also give a further document called a written warning of immobilisation.^[5][6]

The vehicle must remain clamped for at least 2 hours unless the sum outstanding is paid.^[7] After 2 hours, and if the sum outstanding is not paid, the bailiff may take the vehicle,^[8] and from this point, the bailiff is liable for its care.^[9][10][11]

The written warning of immobilisation must tell the debtor the vehicle has been clamped, the sum outstanding, the date and time it was clamped and contact details for the bailiff.^[12]

If your car is clamped or removed unexpectedly, then you might be a victim of ANPR drive-by enforcement.^[13]

If your car is missing and the police tell you that bailiffs have taken it, then you must find out what address of on the warrant, or writ. If the address is not current, then that is sufficient evidence the bailiff clamped or took your car without giving the statutory notice.^[14]

A debtor may apply to the court for an injunction to recover the vehicle,^[15][16] and apply for his costs,^[17][18][19] together with damages for unlawfully depriving you of it.^[20][21]

If the debtor named on the warrant is a previous keeper, then make a claim to controlled goods.^[22]

If you are the debtor named on the warrant or writ, and the bailiff did not give a statutory notice when he took your car, you may apply to the court for an injunction.^[21]

Before you apply to the court, you must give the bailiff and the bailiff company a notice telling them what they have done wrong, and give them an opportunity to put things right.^[23] You can recover your damages afterwards.

Template Notice (notice of intention to apply for an injunction)^[23]

Send the letter 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.

^{[1] Paragraph 33(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 34(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Regulation 33 of the Taking Control of Goods Regulations 2013
[4] Regulation 30(2) of the Taking Control of Goods Regulations 2013
[5] Regulation 31(1) of the Taking Control of Goods Regulations 2013
[6] Regulation 18(4) of the Taking Control of Goods Regulations 2013
[7] Regulation 18(5) of the Taking Control of Goods Regulations 2013
[8] Regulation 18(6) of the Taking Control of Goods Regulations 2013
[9] Regulation 18(7) of the Taking Control of Goods Regulations 2013
[10] Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[11] Regulation 34 of the Taking Control of Goods Regulations 2013
[12] Regulation 16(3) of the Taking Control of Goods Regulations 2013
[13] See: Bailiffs and ANPR drive-by enforcement
[14] Section 7 of the Interpretation Act 1978
[15] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[16] Section 4 of the Torts (Interference with Goods) Act 1977
[17] Civil Procedure Rule 44.2
[18] Civil Procedure Rule 46.5
[19] Part 3.1 Practice Direction 46.5
[20] Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[21] Section 3 of the Torts (Interference with Goods) Act 1977
[22] See: Making a third party claim to controlled goods
[23] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}