Car clamped or towed for someone else's debt

If bailiffs have taken your goods to pay someone else's debt, regulations allow you to make an claim and is called an Third Party Claim to Controlled Goods. You can also claim damages.

This also applies when you buy a car (or vehicle) and bailiffs clamp or tow it away, you might be a victim of an illegal "drive-by" enforcement.

The law states bailiffs must give notice before taking a car and a notice when they remove it.

Give the bailiff company a "notice of claim to controlled goods" containing your name and address, a description of the car and say how you got it.

The bailiff company might ask you to fill in a long-winded form designed to mislead you. Their forms are not compliant with regulations and you may disregard it.

Bailiffs say things like CPR 85 - legal jargon for claiming goods taken for someone else's debt.

You must give evidence supporting your claim, these are called "exhibits", for example:

The receipt of purchase
The service history documents
The flow of money from the buyer to the seller
Insurance document
Evidence of buying road tax
If possible, a copy of the advertisement.
Copy of the V5 in your name, or the green new-keeper slip

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, not answered after ten days, apply to the court for a Third Party Claim to Controlled 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 your 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 car for each day it is in the bailiff's possession.

You may recover the cost of collecting and transporting your 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 car.

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

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

07988 226048

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Car clamped or towed for someone else's debt

If bailiffs have taken your goods to pay someone else's debt, regulations allow you to make an claim and is called an Third Party Claim to Controlled Goods. You can also claim damages.

This also applies when you buy a car (or vehicle) and bailiffs clamp or tow it away, you might be a victim of an illegal "drive-by" enforcement.

The law states bailiffs must give notice before taking a car and a notice when they remove it.

Give the bailiff company a "notice of claim to controlled goods" containing your name and address, a description of the car and say how you got it.

The bailiff company might ask you to fill in a long-winded form designed to mislead you. Their forms are not compliant with regulations and you may disregard it.

Bailiffs say things like CPR 85 - legal jargon for claiming goods taken for someone else's debt.

You must give evidence supporting your claim, these are called "exhibits", for example:

The receipt of purchase

The service history documents

The flow of money from the buyer to the seller

Insurance document

Evidence of buying road tax

If possible, a copy of the advertisement.

Copy of the V5 in your name, or the green new-keeper slip

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, not answered after ten days, apply to the court for a Third Party Claim to Controlled 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 your 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 car for each day it is in the bailiff's possession.

You may recover the cost of collecting and transporting your 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 car.

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

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