Bailiffs attended your old address and you were not there, so they traced you, and turned up at your new address knowing you have not been given a Notice of Enforcement and clamped your car.[1]
The warrant of control will have your previous address proving the Notice of Enforcement was not given.[2]
Call the Traffic Enforcement Centre on 0300 123 1059 with the PCN number and see if the security check reveals the postcode to your old address. If it does, then that is evidence the warrant has your previous address,[2] and the Notice of Enforcement was not given.
Giving the Notice of Enforcement and keeping a record of the time it was given to the debtor[3] is part of the Schedule 12 enforcement provisions
If the bailiff is unable to show you were not given the Notice of Enforcement at your current address, the bailiff may not recover any fees and charges,[4][5] and you may apply to the court to dispute them.[6]
Ask the bailiff or the bailiff company to prove the Notice of Enforcement was given to your current address at least seven clear business days before attending.
Do not tell the bailiff, or the Traffic Enforcement Centre, the date you moved.
Ask the bailiff to show evidence of the time the Notice of Enforcement entered the postal system.[2]
Template Letter.[7]
Send the letter to the bailiff company and get a certificate of posting from the post office.
Give a copy of the letter 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 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.
Keep all screenshots for your file.
If the bailiff does not comply, you may give it in evidence the bailiff did not give a Notice of Enforcement.[2]
[1] Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Section 7 of the Interpretation Act 1978
[3] Paragraph 7.3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[5] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[6] Civil Procedure 84.16
[7] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
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