Car or van vehicle was unexpectedly clamped or towed away by bailiffs.


You may be a victim of drive-by ANPR enforcement.[1]

Bailiffs are expected to check that the vehicle actually belongs to the debtor by carrying out checks with the Driver and Vehicle Licensing Agency.[2]

If a bailiff has clamped the car, he must give the debtor a notice saying what the bailiff is doing,[3][4] and the bailiff may not remove the vehicle until two hours has passed.[5]

If the car is missing, call police on 101 and they will tell you who has taken your car.

If the vehicle is on hire purchase, a PCP vehicle or leased, the owner may apply for an injunction.[6][7][8]

If the car was displaying a disabled persons badge, the debtor can make a claim to exempt goods.[9][10]

Bailiffs may not clamp or remove the debtors goods from someone else's driveway, allocated parking bay, or private land.[11][12] The debtor may apply for an injunction.[6][7][13]

If the traffic contravention debt is in someone else's name, or a previous keeper, make a third party claim.[14]

If your name is on the warrant of control, make an out of time witness statement or statutory declaration.[16][17][18] and that suspends the enforcement power.[19]

If you recently moved and the warrant has your old address, you can sue for the bailiffs failure to give a Notice of Enforcement before taking the car,[20][21] and failure to give a notice when taking control of it and removing it.[3][4]

If the debtors address on the warrant of control is not current, the debtor may recover all fees taken by the bailiff after clamping a car by finding it on a highway using a number recognition camera.[22] This is called a detailed assessment.[23]

After removing the car, the bailiff is liable for its care.[24][25][26]



[1] See: ANPR bailiffs and enforcement
[2] House of Commons briefing paper, 24 July 2019 Page 9
[3] Paragraph 33 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Regulation 18(4) The Taking Control of Goods Regulations 2013
[5] Regulation 18(5) The Taking Control of Goods Regulations 2013
[6] Paragraph 66(5)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] Section 4 of the Torts (interference with Goods) Act 1977
[8] See: Getting an injunction to recover a hire-purchase car
[9] Civil Procedure Rule 85.8
[10] See: Making a claim to exempt goods
[11] Paragraph 9(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[12] Paragraph 14(6)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[13] See: Apply for injunction to recover vehicle removed from other persons private land
[14] Civil Procedure Rule 85.4
[15] See: Make a third party claim to controlled goods
[16] See: Make an Out of Time Witness Statement or Out of Time Statutory Declaration after bailiffs
[17] Practice Direction 5.1 of part 75 of the Civil Procedure Rules
[18] Practice Direction 5.1(1) of part 75 of the Civil Procedure Rules
[19] Practice Direction 8.1 of part 75 of the Civil Procedure Rules
[20] Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[21] Regulation 6 of the the Taking Control of Goods Regulations 2013
[22] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[23] Civil Procedure Rule 84.16
[24] Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[25] Regulation 34 of the Taking Control of Goods Regulations 2013
[26] See: Bailiff damaged your car