Bailiffs clamped or towed your exempt car or van

The law gives classes of exempt goods, including vehicles used for work or education (if under £1350), vehicles displaying a disabled badge, domestic pets and certain household items.

If bailiffs have clamped or towed your exempt vehicle, and its value is under £1350, then make a Claim to Exempt Goods.

Valuation

The law says bailiffs can make their own valuation on the vehicle, so they will always over-value it above the £1350 vehicle exemption limit.

Search eBay completed listings for similar vehicles sold for under £1350 in the last 30 days and make screenshots of them displaying the sale price.

Gather the eBay screenshots and your insurance document stating you use the vehicle for business.

Give the bailiff company a "Notice of Claim to Exempt Goods" containing your name and address, a description of the vehicle and say how it is exempt.

You must give evidence supporting your claim, we call these "exhibits", for example:

The eBay listings proving its value is under £1350
Insurance, or evidence showing the vehicle is used in your business or education

The bailiff company has three days to give your notice and exhibits to the creditor who then has a further seven days to answer your claim. A total of ten days.

If your claim is refused, or not answered after ten days, apply to the court for a Claim to exempt goods together with your damages and costs.

Making Your Application.

Make a witness statement describing the car, any money demanded or taken by the bailiff, and copies of the supporting exhibits you gave the bailiff company.

Apply at court together with a claim for your damages, and they will decide your claim.

When the court makes the order to return your car, it will list a further hearing to decide your damages and award your costs.

You must give, or "serve" a copy of the order on the bailiff company and by text message to the bailiff's mobile phone.

You cannot be charged a "fee" or "storage charges" to return your car.

Damages.

Section 3 of the Torts (Interference with Goods) Act 1977 provides for you to recover damages.

They include, "wasted vehicle costs", such are your insurance premiums, road tax and parking permit charges for the vehicle for each day it is in the bailiff's possession.

You may recover the cost of collecting and transporting your vehicle from the bailiff's vehicle pound to the location the bailiff took it, rental car charges, taxi fares, in fact, any disbursement or loss of business arising from the loss of the vehicle 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 car.

If you are on a low-income, you may be entitled to free court fees. This is called "fee remission".

Note: If a bailiff over-values an exempt vehicle which sells at auction for under £1350, you can sue for the replacement cost of the vehicle together with damages for the deprivation of its use.

If your car is returned damaged, you must give notice of that damage.

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Bailiffs clamped or towed your exempt car or van

The law gives classes of exempt goods, including vehicles used for work or education (if under £1350), vehicles displaying a disabled badge, domestic pets and certain household items.

If bailiffs have clamped or towed your exempt vehicle, and its value is under £1350, then make a Claim to Exempt Goods.

Valuation

The law says bailiffs can make their own valuation on the vehicle, so they will always over-value it above the £1350 vehicle exemption limit.

Search eBay completed listings for similar vehicles sold for under £1350 in the last 30 days and make screenshots of them displaying the sale price.

Gather the eBay screenshots and your insurance document stating you use the vehicle for business.

Give the bailiff company a "Notice of Claim to Exempt Goods" containing your name and address, a description of the vehicle and say how it is exempt.

You must give evidence supporting your claim, we call these "exhibits", for example:

The eBay listings proving its value is under £1350

Insurance, or evidence showing the vehicle is used in your business or education

The bailiff company has three days to give your notice and exhibits to the creditor who then has a further seven days to answer your claim. A total of ten days.

If your claim is refused, or not answered after ten days, apply to the court for a Claim to exempt goods together with your damages and costs.

Making Your Application.

Make a witness statement describing the car, any money demanded or taken by the bailiff, and copies of the supporting exhibits you gave the bailiff company.

Apply at court together with a claim for your damages, and they will decide your claim.

When the court makes the order to return your car, it will list a further hearing to decide your damages and award your costs.

You must give, or "serve" a copy of the order on the bailiff company and by text message to the bailiff's mobile phone.

You cannot be charged a "fee" or "storage charges" to return your car.

Damages.

Section 3 of the Torts (Interference with Goods) Act 1977 provides for you to recover damages.

They include, "wasted vehicle costs", such are your insurance premiums, road tax and parking permit charges for the vehicle for each day it is in the bailiff's possession.

You may recover the cost of collecting and transporting your vehicle from the bailiff's vehicle pound to the location the bailiff took it, rental car charges, taxi fares, in fact, any disbursement or loss of business arising from the loss of the vehicle 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 car.

If you are on a low-income, you may be entitled to free court fees. This is called "fee remission".

Note: If a bailiff over-values an exempt vehicle which sells at auction for under £1350, you can sue for the replacement cost of the vehicle together with damages for the deprivation of its use.

If your car is returned damaged, you must give notice of that damage.