Bailiffs take a car from private land the debtor does not live or trade.

Bailiffs may only take a vehicle on a highway.^[1] or on land where the debtor usually lives^[2] or carries on a trade or business.^[3]

If a bailiff wants to take control of a vehicle on land other than a highway, e.g. a neighbours private parking bay or a car park, the bailiff must apply for that authority separately^[4] by applying to the court.^[5]

If a bailiff takes control of a vehicle on private land, either by clamping it,^[6] or towing it away^[7] without applying to the court for permission, the debtor may apply to the court for an order to recover the car,^[8] and claim damages for depriving you of its use.^[9]

A "highway" is any public right of way.^[10]

The debtor must give the bailiff, a Notice of intention to apply for an injunction before applying to the court.^[11][12]

Get expert help before applying for an injunction and you may recover your costs,^[13] even if you represent yourself as a litigant in person.^[14]

Template 'Notice of intention to apply for an injunction'.^[18]

Send this notice to the bailiff company by email, and by text message to the bailiff and make a screenshot of the sent email recording the time you sent it, also make a screenshot of the sent text message.

When the bailiff removes the clamp, you may recover damages, including wasted hire charges, insurance and road tax. You may also recover the cost of alternative transport arrangements together with a fixed daily rate for depriving you of your car.

Make a claim in the small claims track^[15] against the named bailiff^[16] and the creditor.^[17]

^{[1] Paragraph 9(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Paragraph 14(6)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Paragraph 14(6)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Paragraph 15 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Civil Procedure Rule 83.3(3)(f)
[6] Paragraph 13(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Paragraph 13(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Paragraph 66(5)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Paragraph 66(5)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[10] Part III of the Highways Act 1980
[11] Part 3, Practice Direction, Pre-action Conduct and Protocols
[12] Part 6, Practice Direction, Pre-action Conduct and Protocols
[13] Civil Procedure Rule 44.4(3)
[14] Civil Procedure Rule 46.5
[15] Part 27 of the Civil Procedure Rules
[16] Paragraph 66(6)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[17] Paragraph 66(6)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[18] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}