No
The bailiff must give the debtor a Notice of Enforcement,[1] at least seven clear days, excluding Sundays and public holidays, before taking control of goods.[2]
When bailiffs clamp a debtors car on a highway, it must remain there for at least two hours, unless the sum outstanding is paid,[3] and the debtor must be given a written warning telling the debtor he has immobilised the vehicle.[4][5]
When the bailiff removes the car for storage or sale, he must give the debtor an additional notice.[6]
If a bailiff removes a car without giving any of these notices, the debtor may apply to the court to order the bailiff to return the car,[7] and recover damages,[8] together with costs.[9][10][11]
If you find your car has disappeared, and the police say that bailiffs have taken it, then you are most likely a victim of an opportunist chancer with an ANPR van who happened upon your car on a database of vehicle registrations with unpaid traffic contravention debts.[12]
[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] Regulation 18(5) of the Taking Control of Goods Regulations 2013
[4] Regulation 17(2) of the Taking Control of Goods Regulations 2013
[5] Regulation 16(3) of the Taking Control of Goods Regulations 2013
[6] Regulation 32(1) of the Taking Control of Goods Regulations 2013
[7] Paragraph 66(5)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Paragraph 66(5)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[9] Civil Procedure Rule 44.3
[10] Civil Procedure Rule 46.5
[11] Practice Direction 46.5 Rule 3.1
[12] See Bailiffs and ANPR vans
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