Applying for an Injunction

When a bailiff is in breach of enforcement regulations and causing or exposing you to a loss, you can apply for an emergency Injunction.

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Bailiffs Cannot Seize Hire-purchase Goods.

If your car (or vehicle) is on hire-purchase or leased, and a bailiff has clamped or towed it, you can apply to the court to injunct the bailiff and ask for your damages.

The law is section 4 of the Torts (Interference with Goods) Act 1977, which enables you to ask the court to intervene and stop an unlawful bailiff action. They call it "interlocutory relief". Pronounced - Inter-LOCK-utri.

Section 3, provides for claiming damages for losing the use of the car, replacement hire car and repairing damage caused to your car while in the bailiff's possession.

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Before making the application, you must give the bailiff an opportunity to return the car to you according to a deadline which you can give by email or by post. You must keep a record of the time you gave the notice to the bailiff company.

If the deadline to return your car passes, you may apply to the court for an emergency injunction. When you have the court order, you must give, or "serve" a copy on the bailiff company.

After the bailiff company returns your car, you must give the bailiff company a notice, by email, a list of damages caused to the car and give them an opportunity to come and inspect that damage.

The court will list a further hearing to discuss your claim for damages and your costs. The bailiff company or their solicitor usually attends.

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Damages

Damages can include, "wasted vehicle costs", which are your hire-purchase payments, insurance premiums, road tax and parking permit charges for the car for each day it is in the bailiff's possession.

Other damages include the cost of transporting the car from the bailiff's vehicle pound to the location the bailiff took it, rental car charges, taxi fares, in fact, any disbursement arising from the loss of the car or its use.

You can apply for a fixed daily sum of £60-£250 a day but is at the court’s discretion, we call this "deprivation of use" and depends on the value of the hire-purchase car.

When you give the bailiff company a notice of intended application for an injunction, exhibit copies of:

• Hire-purchase agreement.

• Screenshot of the balance owing on the car.

• If they clamp the car, a daytime photo showing the car registration and wheel-clamp.

• Copy of all documents given by the bailiff (if any) or attached to the vehicle.

• If possible, a screenshot of the HPI check on the car.

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When an injunction is made and the bailiff returns the car, the traffic debt the bailiff is enforcing is often a lost cause. It is not viable for the bailiff company to carry on pursuing you for it.