When an enforcement power ends after bailiffs have removed a vehicle, they must release it for collection by the owner on payment of the amount outstanding[1] or when a third-party claim is awarded in the claimant's favour,[2][3][4] otherwise, if it remains uncollected, the bailiff can sell the vehicle.[5]
You may be entitled to recover the cost of collecting the vehicle, safety inspections and repairs before returning it to road use.[6][7][8]
If you injuncted a bailiff and ordered him to return a car, they deliver it up to you under a writ of delivery,[9] or under terms of the court order.
Bailiffs take the vehicle within a reasonable distance from the place where control was taken[10] otherwise the owner may recover the cost of transporting the vehicle back to within a reasonable distance from where it was removed.[6][11]
Pay with a credit card, your rights are better protected.[12]
Bring someone with you as a witness, but they might not be allowed inside the pound.
Take pen & paper and a selfie-stick
The email address of the bailiff company and mobile number of the bailiff
Write down anything said to you by the pound staff
Ask for a written explanation of charges
Never question the charges, you can apply for a detailed assessment later[13] and you can ask for costs.[14][15][16]
Do not sign any document that appears to waive your right to claim damages. If forced to sign, then quietly sign the word 'declined' on the document.
Take a picture of the document
Before driving it away, using your phone, record the condition of the vehicle focussing on fresh damage to the bodywork.
Pay particular attention to:
The steering or evidence of the vehicle has been moved using a forklift
Brake fluid under the vehicle, evidence of wheel clamp chains snagging on the ferrules
Check the engine is the original and other under-bonnet components have not been swapped out with defective replacements
Check the door mirrors and front and rear light clusters have not bee swapped out with defective replacements
Damage to alloy wheels, evidence of wheel clamp use
Tyre damage and evidence the vehicle has been towed and dragged on its back wheels with the handbrake on
Fuel, evidence of fuel syphoning
Contents of the vehicle, glovebox and spare wheel
Fresh scratches scrapes and dents to the paintwork
Using a selfie-stick, check the vehicle under-side for evidence of moving it using a forklift
Report all damage found to compound staff - on video
Check operation of the gearbox or transmission, evidence of improper towing
Stiffness of steering, evidence of improper towing
Check the brakes
Report any damage to the vehicle before leaving the pound, or as soon as practicable after leaving the pound, otherwise the defendant bailiff company will try and attribute the damage to you.
Template Notice of Damage to Goods.[18]
You must give the bailiff company an opportunity to come and assess the damage first before paying someone to repair it.[17]
Send a copy of the notice by email to the bailiff company and make a screenshot of the sent text message to capture the time it was sent.
Send a copy of the letter 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.
Make an assessment of all damage and collate the cost of the repairs, give the bailiff company a notice of claim.[18]
If your car is used as a lien to take a money transfer, or "storage fees", make a record of the flow of money, you can recover it through the court.[19]
[1] Paragraph 58 of Schedule12 of the Tribunals Courts and Enforcement Act 2007
[2] Warrant of Control: Civil Procedure Rule 85.4(6)(b)
[3] Writ of Control: Civil Procedure Rule 85.6(6)(b)
[4] Exempt Goods: Civil Procedure Rule 85.8(6)(b)
[5] Section 12 of the Torts (Interference with Goods) Act 1977
[6] Section 3 of the Torts (interference with Goods) Act 1977
[7] Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Regulation 34 of the Taking Control of Goods Regulations 2013
[9] High Court Writs: Civil Procedure Rule 83.14
[10] Regulation 19 of the Taking Control of Goods Regulations 2013
[11] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[12] Section 75 of the Consumer Credit Act 2007
[13] Civil Procedure Rule 84.16
[14] Civil Procedure Rule 44.2
[15] Civil Procedure Rule 46.5
[16] Practice Direction 46.5 Rule 3.1
[17] Rule 3, Practice Direction - Pre-Action Conduct and Protocols
[18] Rule 6, Practice Direction - Pre-Action Conduct and Protocols
[19] See Reclaiming vehicle storage fees
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