How do bailiffs know if a vehicle is on finance, or do they clamp first ask later?

An HPI Check

Bailiffs should check with the DVLA whether the debtor owns the car before taking control of it.^[1]

Bailiffs have access to HPI (Hire Purchase Investigation) database and see whether the vehicle is on hire purchase.^[2]

Many bailiffs do make this check, but they continue with clamping the car hoping the driver is less-informed of the law, and concedes to the demand.

Bailiff companies call this Keeping the car on clamp, which means they pretend they have a right to take control of a car on hire purchase by clamping it, but without removing it.

The hirer may apply for an injunction, and order the bailiff to return control of the car,^[3] and the hirer may claim damages.^[4][5][6]

^{[1] Local Government Ombudsman complaint no 11 007 684 against Blaby District Council, 10 July 2012
[2] See HPI Check
[3] Section 4 of the Torts (Interference with Goods) Act 1977
[4] Section 3 of the Torts (Interference with Goods) Act 1977
[5] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] See Bailiffs clamping your hire-purchase car}