Can bailiffs take my car if it's on finance, leased, hire purchase or PCP?

Bailiffs cannot clamp or take cars on hire-purchase or on finance,^{[1][2][3][4][5]} otherwise the hirer can apply for an injunction.^[6][7]

One bailiff company, Newlyn Plc tried to buck the trend and successfully defended an injunction brought by an unrepresented person^[8] and the solicitor^[9] pocketed £3,000 in fees.

The defence relied on a theory that a hirer accumulated a beneficial interest in the car, but at another injunction hearing, the solicitor's legal argument on beneficial interest was found to be flawed.^[3][4]

If a bailiff clamps or removes your hire-purchase car, you must give a Notice of Intention to Apply for an Injunction^[10] before applying to the court.

You can in any event, ask for damages for depriving you of the car^[7][11] and wasted hire-purchase payments, then claim them in the small claims track.^[12]

Template: Notice of Intention to Apply for an Injunction

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.

^{[1] Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

[2] Chitty on Contracts (32 ed.) ss39-307 paywall

[3] Mulwanyi v London Borough of Croydon and Newlyn Plc, Central London County Court, 7 Apr 2017

[4] Opinion by John Kruse Bailiff Scholar

[5] Tandea v Marston Group Limited, Central London County Court, Jan 2020

[6] Section 4 of the Torts (Interference with Goods) Act 2007

[7] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

[8] Reiss vs Barnet and Newlyn Plc April 2015 (unreported)

[9] Peter Felton Gerber Felton's Law

[10] Practice Direction 6.1, Pre-action Conduct and Protocols

[11] Section 3 of the Torts (Interference with Goods) Act 2007

[12] Part 27 Civil Procedure Rules}